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snmnstrs · Feb 16, 2009, 04:47 PM

I have a friend, we're in Texas, and she is leasing her home to someone. It says in the contract... "leasee is responsible for all incurring maintenance". Something has happened to the water heater and now it's not working. She is telling us that it's the leasors responsibility, but that is why we put that clause in there. We also told her before she started renting that anything was to be replaced or repaired, it was her responsibility. Am I wrong?

ScottGem · Feb 16, 2009, 04:51 PM

Probably. Maintenance and repairs are different things. For example, maintenance on a car would be things like oil changes, brake jobs, belt changes. But if there is a problem with the engine that's a repair. Similar with a house.

Its actually a rarity for a tenant to be responsible for the repair of items that belong to the house. So, if she took you to court, I think you would lose.

Fr_Chuck · Feb 16, 2009, 08:05 PM

Yes, maintenance on a home is cutting the grass, shoving the snow and so on. Not replaceing the hot water heater

excon · Feb 17, 2009, 05:36 AM

Originally Posted by snmnstrs

Am I wrong?

Hello s:

Yes.

The reason people RENT instead of buy, is because they don't want to have to fix stuff when it breaks. Plus, if they replace, for example, your hot water heater, they'd have the right to take it with them when they left. It IS there's, of course. Why should they buy it for you?

excon