Downtown house rentals- common practices? (Austin: renter, appliances, houses)

[Raskolnikov]

Is it a common practice for an owner to make the renter pay for all costs associated with maintenance? Heater, air conditioning, roof, mowing, etc?

If I own a house, is it legal to insist that the renter pay if the heater is broken?

[Raskolnikov]

Side note: I have heard of making the renter responsible for things like lawn maintenance, but can I also insist that the renter pay for big ticket items like air conditioning, major appliances, heater, foundation issues, doors, locks, electrical.. Basically pass along ALL costs to the renter for upkeep? Or is there any legality I need to be aware of, a line I cannot cross in which I need to pay?

[Komeht]

Originally Posted by Raskolnikov

Is it a common practice for an owner to make the renter pay for all costs associated with maintenance? Heater, air conditioning, roof, mowing, etc?

If I own a house, is it legal to insist that the renter pay if the heater is broken?

No. As a matter of fact, the LL is obligated to do repairs on items that could impact health, safety or welfare of the occupant.

Mowing is another matter - though I imagine that many LLs would opt to pay for a service and fold it into the rent rather than harass tenant to keep up lawn work etc.

[Raskolnikov]

Originally Posted by Komeht

No. As a matter of fact, the LL is obligated to do repairs on items that could impact health, safety or welfare of the occupant.

Mowing is another matter - though I imagine that many LLs would opt to pay for a service and fold it into the rent rather than harass tenant to keep up lawn work etc.

I know a downtown Austin landlord (of houses, some have commercial businesses in them) who puts that in their leases, and does force the tenant to pay for a broken air conditioner or heater! So that's illegal?

Can you point me to a law or any guidelines for landlords that says I can't force my tenant to pay if the heater breaks?

[centralaustinite]

A commercial lease can be very different, often the tenant of a commercial space handles the entire finish out and that may include heating, HVAC, etc. A residential lease is a VERY different thing.

Look at Subchapter B of Chapter 92 of the Texas Property Code (§92.051 – §92.061).

For tenants living anywhere in Texas, the landlord must provide:

1. A dwelling that is decent, safe, and sanitary;
2. Repairs of conditions that threaten the health or safety of an ordinary tenant;
3. A device in good working condition to supply hot water of a minimum temperature of 120° Fahrenheit;
4. Smoke detectors; and
5. Secure locks on all doors and windows, including a keyless bolting device.

The Austin Housing Code specifically requires that all residential dwellings in the city of Austin have:

1. Heating facilities capable of maintaining a room temperature of 70° Fahrenheit;
2. Hot water supplied to plumbing fixtures at a temperature of not less than 110° Fahrenheit; and
3. A kitchen sink, a shower or bathtub, a toilet, and hot and cold water.

Austin Tenants’ Council/Repairs: The Tenant’s Right and the Landlord’s Duty

[Komeht]

Originally Posted by Raskolnikov

I know a downtown Austin landlord (of houses, some have commercial businesses in them) who puts that in their leases, and does force the tenant to pay for a broken air conditioner or heater! So that's illegal?

Can you point me to a law or any guidelines for landlords that says I can't force my tenant to pay if the heater breaks?

Consult the Texas Property Code and/or talk to a lawyer.

You can lease out of certain obligations - but it would be spelled out in the lease. But generally LLs have obligation to repair or remedy conditions that affect the physical health or safety of a tenant.

[Raskolnikov]

Originally Posted by centralaustinite

A commercial lease can be very different, often the tenant of a commercial space handles the entire finish out and that may include heating, HVAC, etc. A residential lease is a VERY different thing.

Look at Subchapter B of Chapter 92 of the Texas Property Code (§92.051 – §92.061).

For tenants living anywhere in Texas, the landlord must provide:

1. A dwelling that is decent, safe, and sanitary;
2. Repairs of conditions that threaten the health or safety of an ordinary tenant;
3. A device in good working condition to supply hot water of a minimum temperature of 120° Fahrenheit;
4. Smoke detectors; and
5. Secure locks on all doors and windows, including a keyless bolting device.

The Austin Housing Code specifically requires that all residential dwellings in the city of Austin have:

1. Heating facilities capable of maintaining a room temperature of 70° Fahrenheit;
2. Hot water supplied to plumbing fixtures at a temperature of not less than 110° Fahrenheit; and
3. A kitchen sink, a shower or bathtub, a toilet, and hot and cold water.

Austin Tenants’ Council/Repairs: The Tenant’s Right and the Landlord’s Duty

Thanks for this. Very helpful. So, if I have a house I'm renting and the tenant has an office there, is using for commercial space, then I can make them pay for the heater, HVAC, everything. In other words there is no restriction on what I can force the tenant to pay if they are using the house as an office.

[A-Tex]

Originally Posted by Raskolnikov

Thanks for this. Very helpful. So, if I have a house I'm renting and the tenant has an office there, is using for commercial space, then I can make them pay for the heater, HVAC, everything. In other words there is no restriction on what I can force the tenant to pay if they are using the house as an office.

Using it as a commercial space only? Is it zoned for such use?

[austin-steve]

Originally Posted by Raskolnikov

Thanks for this. Very helpful. So, if I have a house I'm renting and the tenant has an office there, is using for commercial space, then I can make them pay for the heater, HVAC, everything. In other words there is no restriction on what I can force the tenant to pay if they are using the house as an office.

Correct, this is common with commercial. I own/rent 2 commercial properties and the lease makes the tenant responsible for all repairs and maintenance of everything.

For residential houses, it's common that a landlord handle health/safety related items, per TX Property Code and most standard leases, but the landlord and tenant can contract for the right of occupancy and responsibility for repairs however they wish, with some limitations. Most deviations would be for unusual situations though, such as a lease-purchase (essentially illegal in Texas), or rural ranch cabin, hunting lodge, etc. A "city" house would usually follow the norms though because that's what the market dictates.

Steve

[Raskolnikov]

Originally Posted by austin-steve

Correct, this is common with commercial. I own/rent 2 commercial properties and the lease makes the tenant responsible for all repairs and maintenance of everything.

For residential houses, it's common that a landlord handle health/safety related items, per TX Property Code and most standard leases, but the landlord and tenant can contract for the right of occupancy and responsibility for repairs however they wish, with some limitations. Most deviations would be for unusual situations though, such as a lease-purchase (essentially illegal in Texas), or rural ranch cabin, hunting lodge, etc. A "city" house would usually follow the norms though because that's what the market dictates.

Steve

Thanks, Steve. In this case, it's an old house which is falling apart but in the city core, and it's used as an agency/ creative work office. So, the tenant must pay for all costs, heater, HVAC, plumbing, locks, gas leaks, anything.. Is what I'm reading.

Wow - why I didn't I know this before? I should only ever rent to commercial tenants. Then, they can fix up my houses and become a huge profit center for me, since I will have no upkeep to pay on the house! Sweet.