Legal Question in Real Estate Law in Texas

My Landlord is refusing to pay to repair my water heater and we have been without hot water, in the winter, for 6 days. He is pointing us to item 12 in our lease agreement which I have included below. From my research this is a standard Texas lease agreement and in Texas the landlord is required to make repairs such as the water heater:

"12. MAINTENANCE, REPAIR, AND RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Texas Lease Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:

A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

B. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

C. Not obstruct or cover the windows or doors;

D. Not leave windows or doors in an open position during any inclement weather;

E. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

F. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

G. Keep all air conditioning filters clean and free from dirt;

H. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;

I. Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; J. Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;

K. Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;

L. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them."

Can you please tell me who is responsible for the repair? Thank you.


Asked on 12/11/13, 11:20 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Your landlord is an idiot. HE has to make the water heater repairs.

Send him a letter (paper letter - no phone calls, emails, or text messages) with a date on it that says, "Our water heater has not been working since December 5. Please repair it immediately. Thank you."

Keep a copy of the letter. Give him a few days. Then sue him in Justice Court (the filing fee is about $100).

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Answered on 12/27/13, 2:38 pm


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