Exceptions to the Landlord's Duty to Repair

EXECPTIONS TO THE LANDLORD'S DUTY TO REPAIR:

  Texas Law doesn't require a landlord to repair a condition caused by the tenant or a guest, family member, or lawful occupant of the tenant.(Unless the condition was caused by normal use of the premises.) The law also specifically provides that the landlord need not furnish security guards for an apartment complex, although better lighting, locks, fencing, and other security measures could be required in some situations.

   Other exceptions to a landlord's duty to repair are only valid if the tenant has agreed to them in a written lease and certain conditions are met. It should also be noted that these exceptions are fairly rarely used. For example, Texas law allows landlords with one rental unit to change, in the lease, their duty to repair, but only if the unit was free of health and safety risks when the tenant moved in and the landlord was unaware that there would be repair problems during the lease, and only if the landlord puts a specific and clear lease provision in the lease to this effect that's  underlined or in bold print.

   A landlord and a tenant may also agree in a lease that it's the duty of the tenant to pay for the repair of broken windows, screens, and doors, but only if such a lease provision is specific and clear, underlined or bolded, and the conditions were not caused by the negligence of the landlord. Similarly, a landlord and tenant may agree in a lease that it is the duty of the tenant to pay for the repair damages caused by leaving windows, and doors open and from sewage backups if a toy or other improper item is found in the line that exclusively leads to the tenant's unit and is the cause of the backup, but only if such a lease provision is specific and clear and is underlined or bolded in a written lease, and the conditions were not caused by the landlord. 

  A landlord must provide you with a home that is free from health and safety risks, regardless of what is in the lease. Other than those exceptions listed above, a landlord may not  modify her duties under the law to repair a condition that materially affects your physical health and safety. If a landlord intentionally tries to change  this duty orally or in your lease, you may have a claim against her for actual damages, one month's rent plus $2,000, and reasonable attorney's  fees. The law presumes the landlord acted without knowledge, so give a written notice (and keep a copy) if she is violating the law and ask her to change the lease. If  the landlord refuses, you may have a stronger claim against the landlord.

  For more information go to the link listed below and see how the procedure  and steps for Obtaining Repairs by the landlord.  www.texasbar.com