In a residential lease, the maintenance and repairs necessary to keep the leased premises in a livable (habitable) and safe condition are generally the responsibility of the landlord—unless damages are caused by the negligence or intentional conduct of the tenant or the tenant’s guests. In that case the landlord will likely maintain the right to make the repairs and charge the tenant for the repairs, and not allow the tenant or the tenant’s contractors to make the repairs.
The written lease agreement should address the responsibility for maintenance and repairs and will often prohibit or limit the tenant’s ability to do any maintenance or make any repairs—at least without the written permission of the landlord. One exception may be the tenant’s right to make repairs in an emergency situation to prevent harm to the property or its occupants.
In some limited circumstances a landlord may allow the tenant to maintain and make repairs to the leased premises when the landlord is confident in the tenant's ability to properly maintain the property and make the necessary repairs.
In Texas, the law generally places the responsibility for maintenance and repairs of a residential lease property on the landlord to ensure it remains habitable and safe. This is in line with the Texas Property Code, which requires landlords to repair conditions that materially affect the physical health or safety of an ordinary tenant. However, if the tenant or their guests cause damage due to negligence or intentional acts, the landlord can repair the damage and bill the tenant for the costs. Tenants are typically not allowed to make repairs or conduct maintenance without the landlord's written consent, as stipulated in the lease agreement. Exceptions exist for emergency situations where repairs are necessary to prevent further harm to the property or its occupants. In some cases, a landlord may permit a tenant to perform maintenance or repairs if they trust the tenant's capability to do so properly. It's important for both landlords and tenants to review their lease agreements to understand the specific terms regarding maintenance and repairs.
