Legal Question in Landlord & Tenant Law in Texas

Texas Real Estate Rental Contract

We had damages in the house we are leasing which we could neither foresee or prevent. We arranged with the manager for repairs as required. Now the manager is billing us the 1st $100 of each repair because it is in our lease. Is this legal? Par. 20 of our lease covers repairs.

20A.The tenant will pay Landlord or any repairman Landlord directs Tenant to pay the cost to repair:

1)A condition caused by the tenant, an occupant/guest etc.

2)Damage from wastewater stoppages caused by foreign or improper objects.

3)damge to doors/windows/screens or door/window left open.

20B.Repairs to be paid by the landlord: landlord will pay the cost to repair:

1)A condition caused by the landlord or the negligence of the Landlord

2)wastewater stoppage/damages caused by deterioration/ breakage/roots/ground condition/faulty construction/MAL-FUNCTIONING EQUIPMENT.

3)A condition that is not the tenants obligation to pay under 20A.

20DAll other repairs.Except for repairs under par. 20A & 20B, The tenant will pay the landlord or any repairman the landlord directs tenant to pay, the first $100 of the cost to repair any condition in need of repair, The landlord will pay the remainder.

Is this a legal contract?


Asked on 7/02/03, 6:38 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Texas Real Estate Rental Contract

Yes, it is a legal contract and not uncommon. It is not clear from your question, however, what are the nature of the damages. Generally speaking, the landlord is responsible for repairs. The exceptions are as set forth in the paragraph of the lease you set forth. If you caused the need for the repairs, then the $100 charge is valid. If you are not the cause for the need for the repair, then the landlord should not charge you for the repairs.

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Answered on 7/02/03, 6:48 pm


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