Legal Question in Landlord & Tenant Law in Texas

Repairs paid by landlord/tenent

We (our landlord & us) are in disagreement with the terms stated in our lease about repairs. We just recently had some minor electrical and plumbling work done on the house. Our lease states in 20D that all other repairs except for repairs under 20. A, B, or C the tenent shall pay the first $100 and the landlord will pay the remainder.

20B) states that it is the landlords responsibilty if: a condition caused by the the landlord or the negligence of the landlord 2)wastewater stoppages or backup caused by deterioration, breakage, roots, ground condition, faulty construction or malfunctioning equipment and 3)a condition that is not tenents obligation to pay under paragraph 20A and that adversely affects the health or safety of an ordinary tenent.

It states under 20 A)repairs paid by the tenent are 1)a condition caused by tenent, tenents family or guests

2)damage from wastewater stoppages caused by foreign or improper objects 3)damage to doors, windows or screens 4) damages from windows or doors left open.

20C) is left blank items not to be repaired

Our question is do those repairs fall under the tenents or landlords responsibility? Sincerely,

--name removed--from Texas


Asked on 6/13/03, 4:31 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Repairs paid by landlord/tenent

If the lease does not set forth that the tenant is responsible for the repair, the tenant is not responsible for the repair. In general, as is reflected in your lease, the tenant is responsible only for repairs they cause. The question, however, appears to be in your lease - whether the landlord authorized the repairs you had made? Aside from payment, is there any provision which sets forth the procedure? The landlord may have a point that the repairs were not authorized. On the other hand, if the repairs were necessary for health and/or safety, then he is required to pay for them.

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Answered on 6/17/03, 2:17 pm


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