Q: Can a landlord require a tenant to pay 10% of repairs to an item due to usage in Texas (a/c & appliances)?
A:
In Texas, landlords are generally responsible for maintaining a safe and habitable rental property, which includes making necessary repairs to essential items like air conditioning and appliances. However, the specific terms of a lease agreement can affect the tenant's responsibilities.
Here are a few key points to consider:
1. Lease agreement: If the lease states that the tenant is responsible for a portion of the repair costs, such as 10%, then the tenant may be obligated to pay that amount, as long as the lease terms are not in violation of state laws.
2. Normal wear and tear: Landlords cannot charge tenants for repairs needed due to normal wear and tear. If the damage is caused by the tenant's misuse or negligence, the landlord may be able to charge the tenant for the repairs.
3. Texas Property Code: Section 92.006 of the Texas Property Code prohibits landlords from waiving their duty to repair or remedy a condition that materially affects the health or safety of an ordinary tenant.
4. Habitability: If the landlord fails to make necessary repairs that affect the habitability of the rental unit, the tenant may have legal recourse, such as terminating the lease or seeking a court order to compel the landlord to make the repairs.
It's essential to review the specific terms of your lease agreement and consult with a local tenant rights organization or attorney for personalized advice based on your situation. If the lease terms seem unfair or in violation of state laws, you may have grounds to challenge them.
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