The tenant of a property I manage told me someone shattered a window while trying to break into his unit. He then sent me written notice of the broken window and is arguing that the landlord is obligated to pay for the repair because the damage was the result of a criminal act by a third party. 我说租客得付修理费. 我们谁是对的?

答案取决于你的租约. 如果您使用德州2021十大正规彩票app经纪人® 住宅租赁, then you are correct that the tenant must pay for the repair. Under Paragraph 18D(2) of the 德州2021十大正规彩票app经纪人® 住宅租赁, a landlord does not have to pay to repair damage to windows and screens unless the damage is caused by the landlord’s negligence. 因此, the tenant is responsible for the cost of repairing the window, 不管损害是如何造成的.g., 一个磨合, 一场事故, or a tenant who deliberately broke the window because he or she was locked out). 

然而, if you didn’t use the 德州2021十大正规彩票app经纪人® lease or if your written lease doesn’t address this situation in the manner required by the Property Code, the broken window could be deemed a condition that materially affects the physical health and safety of an ordinary tenant and the landlord could be required to make a diligent effort to repair the window and ultimately be responsible for payment. 

The tenant for a property I manage has asked the landlord to replace the carpet in one room because she says it looks worn and needs repair. Does the landlord have to fulfill this request?

No. Neither the Texas Property Code nor the 德州2021十大正规彩票app经纪人® 住宅租赁 would require a landlord to replace or repair something like this.

而TAR第18D(1)段 住宅租赁 states that the “landlord will pay to repair or remedy conditions in the property in need of repair if the tenant complies with the procedures for requesting repairs,” this does not mean that the landlord has the obligation to make every requested repair. TAR第18D(2)段 住宅租赁 states that a landlord will not pay to repair “items that are cosmetic in nature with no impact on the functionality or use of the item,” and a landlord could argue that worn carpet falls under this category. 此外,TAR第18C(1)段 住宅租赁 states that all decisions regarding repair will be at the landlord’s sole discretion.

A tenant notified me yesterday that his water heater stopped working. 今天有个修理工来了, but the water heater requires a part that won’t arrive until tomorrow. The tenant is upset and wants the landlord to pay for a hotel room for tonight. 房东有义务这样做吗?

No. 德州财产法和TAR里都没有 住宅租赁 (TAR 2001) requires the landlord to put the tenant in a hotel while repairs are being made. A landlord isn’t obligated to provide alternative housing for a tenant based on a needed repair, even if that repair relates to a condition that could be construed as materially affecting the physical health and safety of the ordinary tenant.

If the landlord fails to make a diligent effort to remedy a condition that materially affects the physical health and safety of an ordinary tenant, the tenant’s remedies are found in Section 92.德州财产法第056条.