Did Sewer Backups Give Tenant Right to Terminate for “Untenantability”?

What Happened: Blockages in sewer pipelines located outside the property caused a constant stream of sewer backups inside a tenant’s store. Eventually, the tenant decided that enough was enough and vacated the premises. When the landlord sued for unpaid rent, the tenant claimed that the sewer problems rendered the property untenantable and gave it the right to terminate the lease. The landlord denied responsibility for the sewer situation and moved for summary judgment.

Ruling: The Texas federal court denied the motion.