Texas Property Code - Section 92.006. Waiver Or Expansion Of Duties And Remedies
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§ 92.006. WAIVER OR EXPANSION OF DUTIES AND
REMEDIES. (a) A landlord's duty or a tenant's remedy concerning
security deposits, security devices, the landlord's disclosure of
ownership and management, or utility cutoffs, as provided by
Subchapter C, D, E, or G, respectively, may not be waived. A
landlord's duty to install a smoke detector under Subchapter F may
not be waived, nor may a tenant waive a remedy for the landlord's
noninstallation or waive the tenant's limited right of installation
and removal. The landlord's duty of inspection and repair of smoke
detectors under Subchapter F may be waived only by written
agreement.
(b) A landlord's duties and the tenant's remedies concerning
security devices, the landlord's disclosure of ownership and
management, or smoke detectors, as provided by Subchapter D, E, or
F, respectively, may be enlarged only by specific written
agreement.
(c) A landlord's duties and the tenant's remedies under
Subchapter B, which covers conditions materially affecting the
physical health or safety of the ordinary tenant, may not be waived
except as provided in Subsections (d), (e), and (f) of this section.
(d) A landlord and a tenant may agree for the tenant to
repair or remedy, at the landlord's expense, any condition covered
by Subchapter B.
(e) A landlord and a tenant may agree for the tenant to
repair or remedy, at the tenant's expense, any condition covered by
Subchapter B if all of the following conditions are met:
(1) at the beginning of the lease term the landlord
owns only one rental dwelling;
(2) at the beginning of the lease term the dwelling is
free from any condition which would materially affect the physical
health or safety of an ordinary tenant;
(3) at the beginning of the lease term the landlord has
no reason to believe that any condition described in Subdivision
(2) of this subsection is likely to occur or recur during the
tenant's lease term or during a renewal or extension; and
(4)(A) the lease is in writing;
(B) the agreement for repairs by the tenant is
either underlined or printed in boldface in the lease or in a
separate written addendum;
(C) the agreement is specific and clear; and
(D) the agreement is made knowingly,
voluntarily, and for consideration.
(f) A landlord and tenant may agree that, except for those
conditions caused by the negligence of the landlord, the tenant has
the duty to pay for repair of the following conditions that may
occur during the lease term or a renewal or extension:
(1) damage from wastewater stoppages caused by foreign
or improper objects in lines that exclusively serve the tenant's
dwelling;
(2) damage to doors, windows, or screens; and
(3) damage from windows or doors left open.
This subsection shall not affect the landlord's duty under
Subchapter B to repair or remedy, at the landlord's expense,
wastewater stoppages or backups caused by deterioration, breakage,
roots, ground conditions, faulty construction, or malfunctioning
equipment. A landlord and tenant may agree to the provisions of
this subsection only if the agreement meets the requirements of
Subdivision (4) of Subsection (e) of this section.
(g) A tenant's right to vacate a dwelling and avoid
liability under Section 92.016 or 92.017 may not be waived by a
tenant or a landlord, except as provided by those sections.
Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 650, § 1, eff. Aug. 28,
1989; Acts 2005, 79th Leg., ch. 348, § 2, eff. June 17, 2005.
Section: 91.005 91.006 92.001 92.002 92.003 92.004 92.005 92.006 92.007 92.008 92.0081 92.009 92.010 92.011 92.012
Last modified: August 11, 2007
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