Legal Question in Landlord & Tenant Law in Texas

Clauses of Lease Agreement

The lease agreement we made with the landlord included a part we made requiring the landlord to take care of the yard work. This landlord is a private individual and the lease agreement is oral with a one-year term. The landlord agreed to these terms. We have lived here for 7 months now. A couple of days ago we left a message on the landlord's answering machine asking for them to come and mow the lawn, it has been over a month since its been done. After a few days, we received a call from the landlord, and they stated they would not take care of the yard anymore. Are they liable for breaching a major part of the lease agreement we included and that they agreed to? We would not have rented this place had they refused this part of the agreement from the beginning. Can we have the yard work done and deduct the cost from rent? Would this be viewed acceptable by a court? Any advice on this would greatly be appreciated. Thank you.


Asked on 5/30/04, 1:46 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Clauses of Lease Agreement

The biggest problem you have is that the agreement is not in writing. That means it will be a swearing match between you and the landlord as to what the agreement is. Since it will be difficult if not impossible to prove what the agreement is, it will be difficult to enforce the agreement. Since it is an oral agreement, then thirty days notice (written) would be sufficient to get you out of it and be sure and go somewhere with a written lease. Don't take a landlord's word on anything - make sure it is always in writing.

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Answered on 5/30/04, 4:18 pm


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