Two and a half months ago a car crashed into the wall of one of the bedrooms at the unit we are renting. It has still not been repaired as the owner was not prepared to pay the $100 excess. Apparently the Insurance company is now going to waive the excess and he will now get it fixed.
Are we entitled to compensation for the complete disregard for our safety and comfort.
Homeowner · Burleson, TX · Member since 2008 · 756 posts · 376 votes
15y
Welcome to BP Gayle. This is going to be tough for us to call without all the details from both sides. It also depends on your local and state laws.
After all the mayhem went away and the car was towed, did the landlord seal up the wall with something, plywood maybe? If he sealed it up at all it's going to be hard to prove disregard for safety. It may be uncomfortable but not unsafe.
He may not be allowed to repair it until the insurance has their say on it and I don't know how quickly his insurance responded. Sounds like he was haggling over the settlement with the insurance company. There may also be some civil/criminal action with the driver of the car.
As far as I know you cannot hold back rent money for this without his permission. If you feel you have been wronged you will have to contact your city or state housing authority. You may have to go to court to settle this.
Again, this is all dependent on local and state laws.
Investor · Sacramento, CA · Member since 2011 · 87 posts · 56 votes
15y
What are your provable damages? If you're not discussing negligence or a civil suit for actual damages, your theory then is a partial constructive eviction due to the damage to your wall. Is there a habitability issue per the housing code? "Comfort" indicates a breach of covenant of quiet enjoyment based on LL's failure to do an act which interferes with the use and QE of the property. If you are, in fact, cold or hot (objective standard)/exposed to the elements due to the damaged wall, you may have a remedy under breach of CQE or breach of IWH (above), but unless you can prove actual damages (again) or interference, you probably won't be compensated or allowed to withhold rent. Had you performed self help and repaired the damage yourself, this would be recoverable if the damage interfered with your use of the property. Nothing you've stated indicates a full, constructive eviction, so you would not be able to vacate and seek damages. I doubt you are entitled to compensation based on your theory of recovery, "complete disregard for our safety and comfort" (a quasi malice standard?), but if you intend on pursuing this, find an attorney in your jurisdiction and utilize a free initial consultation. A phone call should do it.