Q: Can I legally break my lease without penalty? Texas
My rental home caught fire due to a faulty breaker on the first day I moved in, leaving me without air conditioning or heat for five days.January 18th–23rd. During this time, the temperature dropped below freezing, making it gruesomely chilly inside the house. I boarded my dogs ($267) for five days because I was concerned about their safety and wellbeing. My rental company has now requested that I pay the remaining $250 of my pet deposit, claiming that the residence was habitable and that I chose to board them. I tried to chat with them with regard to come up with an acceptable compromise which would leave us both satisfied. I've already paid half of the pet deposit ($250), but I don't believe it's reasonable for them to seek the remaining $250 given the circumstances. During this period, they provided two space heaters, but they were not sufficient in keeping the house warm. Furthermore, they entered my home without my permission to collect the heaters. Is there anything I can do?
A:
Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises for a five-day period, your renter's insurance should cover any losses you sustained, including the cost of boarding your dogs and your own temporary living accommodations.
Generally, it is a violation of your covenant of quiet enjoyment for the rental company to enter your premises without your permission; however, it does not appear that you suffered any damages from such entry. This is similar to the situation where another driver runs a stoplight but doesn't cause you to suffer a collision, so you cannot successfully sue them because you did not suffer any damages as a result of their wrongful conduct.
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