Fort Worth, TX asked in Landlord - Tenant for Texas

Q: Is my landlord legally responsible for the excess charges of my electric bill for a faulty a/c issue

Is my landlord legally responsible for the excess charges of my electric bill for a faulty a/c issue that not only caused mold to our apartment unit but doubled our electricity bill up to $400 for 3 months straight (onset to full remediation was 3 months & we were not in the unit for 2 1/2 months) we are only asking them to reimburse the difference of what we normally pay for electricity which is just under $200 monthly for 2 per household. Instead they offered my $100 off of 1 months rent. :-(

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Depending on the language of your lease agreement, your landlord could be legally responsible if you can prove the landlord deliberately damaged the A/C unit or negligently caused it to malfunction.

The excess electricity cost would be characterized as a “consequential” damage. In many contracts including lease agreements, the parties agree not to hold each other legally responsible for “incidental or consequential” damages. So read your lease agreement carefully to confirm that you did not agree to an exclusion or limitation of “incidental or consequential” damages.

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