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Customer Question
Hello, I am looking...

Hello, I am looking to find legal aid help to go over a lease agreement in texas to say what our right are. If it is legal , ect.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas, Houston

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

He has some funny wording he wants to take out money for normal wear and tear on appliances, and does not want to do any upkeep.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

But my main concern is he left all furnishings , cars , everything . And now that we are moved in he wants to have us upkeep all his stuff , pay all his bills, not change providers, and have the right to come in and out of the house to stay and not allow us to use the entire house. None of which were in the lease. The lease also states we are to furnish the place. But how can we with all of there stuff.

Submitted: 11 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
9/12/2017
Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 126,822
Experience: Attorney with over 24 years experience.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Lawyer: Law Educator, Esq., Attorney replied 11 months ago

I am typing your reply, please be patient.

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Lawyer: Law Educator, Esq., Attorney replied 11 months ago

Under the Texas residential tenancy laws, parties are free to contract for anything they agree upon. If the parties agree to maintaining the landlord's property and upkeep from ordinary wear and tear specifically in the lease, then that would be a valid agreement, since it was written in the lease and the parties signed the lease agreeing to those terms. Otherwise, if something is not in the lease it is no enforceable and if there is no agreement for the tenant to perform maintenance for ordinary wear and tear specified in the lease, it is the landlord's duty to do so and they cannot hold the tenant liable.

However, if your agreement states you agreed to be liable and you signed that lease, then it is enforceable and the landlord can hold you liable.

The landlord cannot just enter the premises whenever they choose to do so and stay unless the lease specifically says you agreed to that. If the lease does not say that, as you say, then this conduct would be deemed a breach of lease and grounds to sue the landlord for return of all rent and security deposit and to terminate the lease. Also, the failure to remove his property and give you full use of the premises is breach of the lease. So, you need to write him a letter demanding he correct all these breaches of the lease or you will terminate the lease and sue for the cost of moving and return of all rent and deposits since he is interfering with your peaceable use and enjoyment of the property.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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