We were getting a lot of questions about the lease property repair deductibles from landlords and tenants, here is the current information from TexasRealtors.com It is also helpful for new real estate investors in Dallas Texas area.
Why was the repair deductible paragraph removed from the Residential Lease?
The repair deductible was removed from the TAR Residential Lease (TAR 2001) because the intent of the paragraph has been misinterpreted. The repair deductible paragraph allowed a landlord to hold a tenant accountable for paying up to a specified amount to repair conditions that were not already required to be paid by a landlord. The Property Code and/or the TAR Residential Lease require a landlord to pay the entire costs of the following repairs:
- a condition caused by normal wear and tear
- a condition caused by the landlord or the negligence of the landlord
- wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition, faulty construction, or malfunctioning equipment
- a condition that adversely affects the health and safety of an ordinary tenant which is not caused by tenant, an occupant, a member of tenant’s family, or a guest or invitee of tenant
- the following items not caused by tenant or tenant’s negligence: heating and air conditioning systems, water heaters, or water penetration from structural defects
Therefore, a landlord may not require a tenant to pay a deductible in these instances since the landlord has a duty to pay the entire costs of these repairs. If a landlord requests that the repair deductible continue to be in the TAR Residential Lease, you may insert the language in special provisions.
For further information on this topic, check out the repair obligations under Subchapter B, Chapter 92, of the Property Code.
Hope this information will help Dallas area tenants as well as Dallas landlords to understand and solve their problems easier.