Who Pays for Repairs to Texas Rental Homes?

Air Conditioning Repair

As property managers for about a dozen homes in the North Dallas area, we are often asked what has to be repaired and who pays for the repair. It’s not just our tenants who ask, but our homeowners as well. The answer to the question is found in the Texas Property Code and the lease between the parties.

The Texas Property Code, paragraph 92.052 outlines the owner’s requirement to make repairs. Basically, the tenant notifies the owner of the need for a repair, the tenant must be current on all rental payments, and the condition materially affects the physical health or safety of an ordinary tenant. Further, unless the condition was caused by normal wear and tear, the landlord does not have to repair damage caused by the tenant, their family or guests.

The Texas Association of REALTORS® Residential Lease goes into greater detail in paragraph 18. The owner will pay the entire cost of repairing the heat, air conditioning, hot water heater, or water penetration into the home from structural defects unless the damage was caused by the tenant.

It also states that the owner will not pay to repair any items damaged by the tenant, water stoppages caused by foreign objects, or items that are cosmetic in nature.

In some of the older versions of the lease, there was a requirement for the tenant to pay a deductible for repairs to the property. The Texas Association of REALTORS® deleted that paragraph as it was inappropriately applied to all requested repairs. Some property managers are putting that verbiage into the Special Provisions of the lease but it should not be applied to all repairs.

It’s also important to note that not all owners use the Texas Association of REALTORS® Residential Lease but the repair process, what will/will not be repaired, and who pays should be in the lease. When in doubt you should seek proper legal advice.

Have a question or need more information? Contact us at 214-705-2470.

Isn’t This a Bad Time to List?

 Home For Sale with RE/MAX

I bumped into a couple I know today. They know we’re Plano real estate agents and asked about listing their home. They were struggling with the timing. Do they list now or wait until the spring?

Traditional thinking is that the March-April timeframe is the best time to list a home. Since there are lots of buyers out looking, it’s a good time to be listed. While I agree with the basic thought, off-season listing can be more effective.

While there are not as many buyers out looking this time of year, the inventory of homes also drops dramatically. Sellers are pulling their homes from the market for the holidays with the intention of putting them back on in the spring.

New listings in the off-season have less competition and while there are fewer buyers, those who are out looking are usually serious about buying a home.

Think of it as Economics 101. While demand is lower, the supply of available homes is also down. Many of the listings that are on the market are vacant or distressed. You can take advantage of this by making sure your home is properly staged and show-ready. You only get one chance to make that first impression.

Selling Tips  |  Photography Tips

Please contact us at 214-705-2470 if you have any questions or want to know the value of your home.

Tom Branch, Broker, CDPE, SFR

Base Photo: Licensed from ShutterStock

Plumbing Hints

Nations Home Warranty

Galvanized pipes have a coating on the inside that protects them from rusting. Over time harsh drain cleaners will eat away the coating and eventually the pipe itself. 

Fix a slow drain: pour in 1/2 cup of baking soda, add 1/2 cup white vinegar and follow with a pot of hot water when it stops bubbling.

Tubs and showers should be fitted with strainers that catch hair and soap chips. Clean the strainers regularly. 

Garbage Disposal:

• No bones and always use cold water
• Use small pieces of citrus fruits to freshen
• Though ice does not sharpen the blades as commonly mistaken, it does knock off debris and keeps it cleaner.
• Freeze lemon juice and grind small pieces in the garbage disposal – smells good and disinfects, too.

In a plumbing emergency, you’ll need to stop the flow of water quickly. To do this, you and each member of your family need to know the location of the shutoff valve for every fixture and appliance, as well as the main shutoff valve for the house, and how they operate. Operate these valves at least once a year to prevent seizing.

Souce: Sharon Harrison, Nations Home Warranty

Let There Be Light

Light Bulbs

As a major Plano Texas listing broker, I spend most of my time marketing my listings and servicing clients. As part of any listing I discuss staging and showings with my sellers. While I always discuss the importance of having lots of light in the home, I never gave any thought to the impact of Compact Fluorescent Lighting (CFL).

CFLs have become wildly popular because they offer far more energy efficiency than the traditional incandescent light bulb. The downside is that CFLs take a few minutes to reach full brightness. Normally this is annoying at best.

Today, I was out showing and realized that this delay might have an impact on how potential buyers feel about a home. You see, the buyers we were showing a property commented on how dark and dreary the home was!

I’m recommending that sellers go back to traditional light bulbs while on the market. You can also consider one of the new CFLs out that come up to full power much quicker or LED light bulbs that have no delay.

You only get one chance to make a great first impression…let there be light!

Tom Branch, Broker, CDPE, SFR

Photo: Copyright 2011 Tom Branch

Allen TX Market Report October 2011

Allen TX

Allen Texas, located just north of Dallas, is a great little city and a wonderful place to live. The city continues to grow with plenty of developement–both residential and commercial.

The Allen housing market has been relatively stable. This month we’ll take a look at Median Sales Price, Days on Market, and Months Supply of Housing.

Median Sales Price

Allen Texas Median Sales Price

The Median Sales Price, which had been on the rise for almost a year, retreated some over the past few months. I expect that will recover some now that several new home developments have been completed and are beginning to sell.

Days on Market

Allen Texas Days on Market

Days on Market has been on the rise for the past year yet remains below 90 days and below 2009 and 2010 levels.

Months Supply of Housing

Allen Texas Months Supply of Housing

The Months Supply of Housing is very good at 4.5 months of inventory currently on the market. The National Association of REALTORS® suggests that a 6-month supply of housing is a balanced market. Supplies over 6 months indicate a buyer’s market and supplies less than 6 months indicate a seller market. Our experience is that homes that show well and are priced right continue to sell.

Please contact us at 214-227-6626 if you have any questions or want more information.

Source: NTREIS on November 16, 2011 | Photo: Copyright 2011 Tom Branch

Freddie Mac Launches Winter REO Sale

Foreclosure For Sale

HomeSteps, a Freddie Mac real estate sales unit, kicked off a sales promotion this week to unload some of its inventory of foreclosed homes.

Its Winter Sales Promotion for owner-occupant buyers includes:

  • Paying up to 3 percent of the final sales price toward the buyer’s closing costs for initial offers received between Nov. 15 and Jan. 31, 2012. Escrow must be closed on or before March 15, 2012, to qualify.
  • Two-year Home Protect limited home warranty, which covers such things as the heating, air conditioning, electrical, plumbing, and other major systems and appliances. Home Protect also will offer a discount of up to 30 percent on the purchase of appliances. (For eligibility requirements, visit www.HomeSteps.com/smartbuy.)

Looking to purchase a foreclosure in the greater Dallas area? Contact us to work with a team of certified distressed property experts.

Source: Freddie Mac | Photo: Licensed from iStockPhoto

Avoiding The Number One Source of Home Flooding

Washing Machine Hoses

It’s a terrible feeling. You drive up to your home after being gone all day or from a short vacation and find a river of water running down the driveway. Did a water pipe burst? Probably not. The number one source of home flooding is a broken washing machine hose.

Most hoses are nothing more than reinforced rubber. Yet they sit behind the washing machine under full pressure for years. Some will give you a warning when they develop a bulge, but few people even check them.

Check the hoses on your washing machine regularly.

Even better, invest in reinforced or flood-proof hoses. Reinforced hoses are encased in braided steel or other materials that help prevent them from blowing out. Flood-proof hoses have a built-in valve that detects uncontrolled running and cuts off the flow of water.

Save yourself the nightmare and tens of thousands of dollars in damage.

Photo: Copyright 2011 Tom Branch