My apartment was flooded on the Memorial Day storms, do I have any leeway to get any monthly rent off?

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Anonymous May 27, 2015 Landlord Tenant 1 views 2 answers

We do have renter's insurance, but not flood insurance, several electronic devices were ruined in the flood. We just moved in on the 23rd, so within 3 days of moving in, we got flooded. The apartment itself was flooding through the main door and under the walls of both bedrooms, this leads us to believe the apartment was no structurally sound as water should not be coming through like that.

Attorney Answers

Robert Vondohlen

Robert Vondohlen · Jun 15, 2026

Start here: http://www.texastenant.org/ Put your notice in ASAP, follow the suggestions on the website and also follow the agreements you made in the lease.

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Stuart Lautin

Stuart Lautin · Jun 15, 2026

Yes it's possible. If the premises are totally unusable, then you might be allowed to terminate before repairs are completed. If the premises are still partially usable and the casualty loss was not caused by your negligence (and obviously it wasn't in this situation), then you might be entitled to a rental reduction. Check TPC 92.054(b) and (c): http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm. *HOWEVER,* your written Lease controls so be sure to review it carefully first!

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