When you rent a property, you put it through wear and tear that requires repair after some time. However, repairs can come in varying degrees, from worn-out carpets to leaky plumbing. At times, landlords and tenants debate over who is responsible for the repairs and who is paying for them. The question is, can a landlord charge you for repairs?
To help you navigate such situations, we’ll provide a comprehensive review of landlord responsibilities and tenant rights on property repair and maintenance in Texas. We’ll also discuss what you should do in case of unfair charges.
Key Takeaways
- When Can a Landlord Charge You for Repairs: Landlords can charge tenants for damages beyond normal wear and tear, negligence, pet-related damage, and unauthorized modifications.
- When Landlords Must Cover Repairs: Texas Property Code requires landlords to maintain safe, habitable housing and prohibits charging tenants for necessary repairs if the tenant didn’t cause the damage.
- Disputing Unfair Charges: Tenants should review lease agreements, request documentation, compare records, and formally dispute incorrect charges—small claims court may be an option if needed.
When Can a Landlord Charge You for Repairs?
Landlords are responsible for major repairs and improvements in their property. However, some circumstances grant landlords the right to charge for repairs done in your rental unit. In our years in San Antonio area property management, we’ve come across different scenarios where both the landlord and the tenant were responsible for repair costs.
With that, here are some examples to flesh out our answer to, “when can landlords charge you for repairs.”
Exceed Normal Wear and Tear
Landlords anticipate some normal wear and tear when renting out their property. Typically, this includes faded wall paint, scuffs or scratches on the floor, or carpet wear from everyday traffic. However, any significant damage to their property, like large holes in the wall and broken furniture, are considered beyond normal wear and tear. In these instances, the responsibility of covering repair costs typically falls on you.
Self-Inflicted and Pet Damage
Self-inflicted damage, by you or your guests, is on you. Some examples include torn carpets, deeply gauged flooring, or damage fixtures because of an accident or rough play. The same idea goes for pet damage, such as chewed furniture, scratched doors, stained carpets, and the like.
Negligence
As tenants, you have the responsibility to care for the property you rent. If you neglect the property and damage occurs—such as water damage from an unreported leak or a pest infestation caused by improper waste disposal—you can be held accountable for all or a portion of the repairs.
Cosmetic Alterations and Modifications
Your lease agreement typically outlines specific rules regarding making any significant changes to the rental property. This includes requesting permission from the landlord before making changes like painting the walls or installing shelving and being prepared to restore the property to its original condition upon move-out.
When a Landlord Cannot Charge for Repairs
Landlords are required by law to provide their tenants with safe and habitable housing under the Texas Property Code. This implied warranty of habitability states that landlords have to make sure that their rental property is secure, sanitary, and suitable for living at all times. What this means is that residential rental properties must be free from sewage problems, electrical faults, pest infestations, and other similar hazards that can pose a risk to our health and security.
In relation to this, the Texas Property Code §92.052 states that landlords must address damage relevant to your health and safety in a timely manner as long as you’re current on rent. If you didn’t cause the damage, they cannot charge for repairs, either.
As a tenant, you have the right to request repairs (in writing) for your landlord to address property damage that falls within the warranty of habitability. If they fail to do so within a reasonable time frame and after a second notice, you can:
- Go to court to request an order for your landlord to address the issue,
- do the necessary repair yourself and have the cost deducted from your rent,
- move to terminate your lease agreement.
That said, to do the above things, you must first meet Texas Property Code §92.0561’s legal requirements. The full details would require a whole other article to explain, so we won’t go through that here.
That said, we strongly recommend you always consult your lease agreement to get a definitive read on your and your landlord’s responsibilities over repairs. Aside from that, we recommend you connect with a qualified attorney for advice and guidance on how to navigate these situations and avoid legal issues.
Do Tenants Pay for Repairs Out-of-Pocket or Not?
When tenants have to pay for damages they made, the landlord will typically deduct from the tenant’s security deposit before they ask the tenant to pay out-of-pocket. The security deposit is an upfront payment that tenants have to pay when they first lease the apartment. It’s intended to cover any potential damages or unpaid rent the tenant may incur during the lease. So, if a tenant makes damage, the landlord will take it out of the tenant’s security deposit. Then, if the tenant’s damages cost more than the security deposit amount, the tenant will have to pay the remaining amount out of pocket.
What To Do If You’re Charged Unfairly
Feel like you’ve been charged unfairly for the repair done on your rental property? If that is the case, you have the right to dispute the repair cost with your landlord.
But first, it is important to understand that landlords are prohibited from retaliating in any shape or form against tenants who complain about outright unhabitable living conditions and request repairs. Texas Property Code §92.331 reinforces tenants’ rights against retaliation, whether it be in the form of limiting access to premises and services, rent increase, or eviction. With that established, what exactly can you do to challenge the cost of repairs charged to you?
Review Tenant Lease and Housing Laws
The first thing that you should do is to review your lease agreement, the local landlord-tenant laws, and local housing regulations. This provides you with a better understanding of your rights as a tenant and your responsibilities regarding property management and repairs.
Ask for Detailed Documentation
Be sure to ask your landlord for proper documentation of the damage, such as pictures, inspection reports conducted by qualified professionals, and repair estimates. Also, in terms of documentation, landlords are legally required to provide a detailed list of any repairs and deductions they make. So, tenants don’t have to ask them to do that–it’s something landlords are supposed to do, from the get-go.
Typically, damage costs are calculated based on the conditions and expected lifespan, original cost, and the difference between repair and replacement. On top of this, labor and material requirements are included in the computation. When requesting documentation, ask your landlord to provide an itemized list for better context.
Compare Records
Look at the images and record of the damage your landlord sends to you and compare it with your personal move-in documentation. Pay close attention to the condition of the property before you move in and how it compares to the damage your landlord had to repair.
Communicate Plans to Dispute
If you notice a discrepancy in your landlord’s records, communicate your plan to dispute their charge. Ideally, you’d be able to reach an agreement before the need for professional mediation. Otherwise, you can take your landlord to small claims court to go through due process in determining the fair damage and repair costs.
On top of all these, it is important that you stay on top and try to avoid disputes whenever possible. To do so, it is critical to keep thorough documentation by taking move-in photos, videos, and a written checklist. Also, request repairs in writing and organize all relevant documents regarding the repair.
How Bay Property Management Can Help
To answer to the golden question, “when can a landlord charge for repairs,” landlords can charge you for repairs when you make damages beyond normal wear and tear, negligence, pet-related damage, or unauthorized modifications. However, given you’re current on the rent, they cannot charge for repairs that are necessary. If landlords charge you for repairs unfairly, you should review your lease, request documentation, compare records, and formally dispute the charge, with small claims court as a potential option if needed.
In times like these, partnering with reputable real estate management companies can help you handle tenant-landlord communications as smoothly as possible. We can act as a middleman to help you facilitate all those back-and-forth correspondences and analyze the letter of the law. Rent with us today to get started!
