Payment of Repair Costs

Many tenants incorrectly assume that the landlord is responsible for any and all repairs. The standard Texas Association of Realtors (TAR) lease is very clear about which party is responsible for different types of repairs. As of November 28, 2014, the lease states the following:

18.D. Payment of Repair Costs:

(1) Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. This includes, but is not limited to, repairs to the following items not caused by Tenant or Tenant’s negligence:

  1. heating and air conditioning systems;
  2. water heaters; or
  3. water penetration from structural defects.

(2) Landlord will NOT pay to repair the following items unless caused by Landlord’s negligence:

  1. conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant;
  2. damage to doors, windows, and screens;
  3. damage from windows or doors left open;
  4. damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property;
  5. items that are cosmetic in nature with no impact on the functionality or use of the item