Dallas Real Estate and Short Sale Blog: November 2011

Who Pays for Repairs to Texas Rental Homes?

Air Conditioning Repair

As property managers for about a dozen homes in the North Dallas area, we are often asked what has to be repaired and who pays for the repair. It’s not just our tenants who ask, but our homeowners as well. The answer to the question is found in the Texas Property Code and the lease between the parties.

The Texas Property Code, paragraph 92.052 outlines the owner’s requirement to make repairs. Basically, the tenant notifies the owner of the need for a repair, the tenant must be current on all rental payments, and the condition materially affects the physical health or safety of an ordinary tenant. Further, unless the condition was caused by normal wear and tear, the landlord does not have to repair damage caused by the tenant, their family or guests.

The Texas Association of REALTORS® Residential Lease goes into greater detail in paragraph 18. The owner will pay the entire cost of repairing the heat, air conditioning, hot water heater, or water penetration into the home from structural defects unless the damage was caused by the tenant.

It also states that the owner will not pay to repair any items damaged by the tenant, water stoppages caused by foreign objects, or items that are cosmetic in nature.

In some of the older versions of the lease, there was a requirement for the tenant to pay a deductible for repairs to the property. The Texas Association of REALTORS® deleted that paragraph as it was inappropriately applied to all requested repairs. Some property managers are putting that verbiage into the Special Provisions of the lease but it should not be applied to all repairs.

It's also important to note that not all owners use the Texas Association of REALTORS® Residential Lease but the repair process, what will/will not be repaired, and who pays should be in the lease. When in doubt you should seek proper legal advice.

Homes for Lease in the DFW Metroplex

Have a question or need more information? Contact us at 214-705-2470.

Originally posted at http://www.thebranchteam.com/wordpress/2011/11/28/who-pays-for-repairs-to-texas-rental-homes/.

 

Tom Branch and Gina Branch, The Branch Team with RE/MAX Dallas Suburbs, service the greater North Dallas suburbs including Dallas, Plano, Allen, McKinney, Frisco, Lewisville, and Carrollton.  While Gina concentrates on traditional listings and buyer/tenant representation, Tom specializes in assisting distressed homeowners to avoid foreclosure.  Tom and Gina have published two books (Achieving Rock Star Status and The Field Guide to Short Sales) and are available for speaking engagements in the greater Dallas - Fort Worth Metroplex. Subscribe to The Branch Team Blog.

Follow Us on Facebook          View Our LinkedIn Profile         

Copyright 2009-2013 - The Branch Team
The Branch Team - Texas Real Estate Broker 547597 | Team Members are Texas Licensed Real Estate Professionals
Tom Branch - National Mortgage Licensing System 341963
  

The Branch Team - Named Top Producers in Dallas by D Magazine

Important Notice: The Branch Team with RE/MAX Dallas Suburbs is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan. If you stop paying your mortgage, you could lose your home and damage your credit rating.

All information provided is deemed reliable but is not guaranteed and should be independently verified. Properties subject to prior sale or rental.

Protected by Copyscape Web Plagiarism Tool

Comment balloon 1 commentTom Branch • November 28 2011 08:39AM
Who Pays for Repairs to Texas Rental Homes?
share
As property managers for about a dozen homes in the North Dallas area, we are often asked what has to be repaired and who pays for the repair. It’s not just our tenants who ask, but our homeowners as well. The answer to the question is found… more
The Enclaves at Willow Crest Selling Fast
share
I was out staffing the on-site sales office at The Enclaves at Willow Crest this weekend. Wendy Leigh, the super on-site sales consultant, was enjoying a few well-deserved days off. These new-construction townhomes are selling quickly… more
Giving Thanks
share
Fall is my very favorite season. The cool breeze replaces the sweltering still air of summer; football returns and has sports fans of all ages fired up, and people finally take the time to express thanks to those who mean the most during the… more
Ridgeview Ranch Plano Texas
share
Ridgeview Ranch is a master planned golf course development of about 885 homes located in the heart of north Plano. The community consists of four distinct communities – The Villages at Ridgeview Ranch, The Estates of Ridgeview Ranch, The… more
Dallas TX Lot For Sale 4104 Stonebridge
share
Opportunity knocks! One of a kind residential lot located in the heart of Turtle Creek Park. This lot offers the rare chance to build your dream home among the majestic trees on this heavily-wooded creek lot in the shadow of downtown Dallas… more
VIP Party 2011
share
The Branch Team hosted our annual VIP Party on October 25th, 2011 at The Blue Mesa Grill in Plano, Texas. About 50 people attended this year's event. VIPs were treated to a fun evening with food, beverages, socializing, and fabulous door prizes… more
Let There Be Light
share
As a major Plano Texas listing broker I spend most of my time marketing my listings and servicing clients. As part of any listing I discuss staging and showings with my sellers. While I always discuss the importance of having lots of light… more
20 Months, 300k Points, Good Friends, and Lots of Business in the..
share
It seems like yesterday I met with Loreena Yeo to talk about blogging and ActiveRain at the Olive Garden in Frisco. I remember looking at some of the massive point totals and thinking, “wow…I don’t know how some people could write so much. ”.. more
Frisco TX Home For Sale 11775 Balch Springs
share
3 Bedrooms | 2. 1 Baths | 2-Car Garage | 2345 SF/Tax Frisco TX Home For Sale - Clean and well-maintained Mercedes home on large corner lot ready for move-in. All bedrooms and full baths are down with a huge game room and half bath up. Open… more
Is There a Coorelation Between Blogging and Success?
share
While sipping my morning coffee, I was reading a story in Texas REALTOR® magazine titled, "How Do You Compare? " It was a story about the "average" Texas REALTOR® using 2010 sales data. I was amazed. Median Sales… more