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Off-campus living
THE BATTALION Page 7
WEDNESDAY, OCTOBER 26, 1977
Fix it—it’s in my contract
By CHRIS K1JNG
Student Legal Advisor
The article is the third in a series
focusing on the landlord-tenant re
lationship. Subsequent articles will
cover: subletting, roommates, rais
ing rent and forums for complaints.
THE AIR CONDITIONER is
out. The dishwasher gushes like OF
Faithful. And the light fixture just
fell upon the dining table. Who
is responsible for making these
necessary repairs? As with most
problems encountered hy the
student-tenant, the rental contract
holds the answer.
MANY RENTAL leases used in
the Bryan-College Station area, in
cluding the standard TAA rental
contract, contain a clause which
states that the owner will: (1) keep
all common areas in a clean condi
tion; (2) provide appropriate re
ceptacles for garbage; (3) properly
maintain hot water, heating and/or
air conditioning equipment; (4)
comply with all state and local laws
(NOTE: this provision would in
clude city building codes); and (5)
make all reasonable and necessary
repairs.
IF THE RENTAL contract
signed hy the student-tenant con
tains such a clause, the owner is ob
ligated to repair the air conditioner,
dishwasher and light fixture.
Frequently, the same clause of
the rental lease provides that the
tenant may terminate the rental
lease under the following condi
tions: (a) if the owner has not at
tempted to make the repairs within
a reasonable period of time after
being requested, in writing, to do so
and, (1>) if the owner has not at
tempted to make repairs in a week
alter receiving written notice of the
student-tenant’s intention to termi
nate unless the repairs are made.
Thus, the owner has a reasonable
period of time, plus one week, to
make the repairs.
The length of time constituting a
“reasonable period of time” within
which to make repairs depends on
the nature of the repair, availability
of necessary parts and repair per
sonnel and the cost of the repair.
IN T HE ABSENCE of an “owner
will repair clause, the management
is not obligated to repair that por
tion of the premises over which he
has no control. That is, the owner
would be obligated to repair only
the common areas, (laundry rooms,
sidewalks, parking lot, etc.).
The landlord-tenant relationship
creates no obligation on the part of
the landlord to repair the premises
leased hy the student-tenant. In
fact, if the lease does not contain an
“owner will repair” clause, the
owner is not obligated to reimburse
the student-tenant for repair expen
ditures. Furthermore, in Texas a
tenant may not withold or decrease
the amount of the rental payments
while repairs are being made unless
the lease so provides.
ALTHOUGH some leases which
do not contain an “owner will repair
clause, such a clause can be implied.
This will be implied from the clause
which states that the student-tenant
will notify the manager of any
plumbing, electrical or mechanical
difficulty.An implication may also
be made from the clause which
provides that the owner shall have
access to the leased premises to
make necessary repairs. An implied
“owner will repair” clause has the
same legal effect as an express
clause, i.e., the owner must make
all reasonable and necessary repairs.
RENTAL contracts generally
provide that the tenant will return
the leased premises in good order
and condition. Also, the tenant can
not be charged for reasonable wear
and tear. This provision is important
with regards to liability for repair
expenditures.
If a piece of furniture, equipment,
or fixture ceases to function prop
erly under normal use, the owner
must make repairs even if an ‘‘owner
will repair” clause is not in the con
tract. For instance, if the refrigerator
stops working during the sixth
month of a 12-month lease, assum
ing normal and reasonable use of the
appliance, the owner may not
charge the tenant with the cost ol
repair or replacement.
A COMMENT ON im
provements to the leased premises
is appropriate. Suppose a student-
tenant repaints a room or installs at
tached bookshelves. To whom do
these improvements belong? Most
rental leases use in the Bryan-
College Station area require the
written consent of the owner or his
representative before any im
provements or alterations become a
part of the leased premises and will
remain when the tenant leaves.
Thus, in most situations the tenant
is not entitled to remove any im
provements, regardless of whether
the owner’s permission was granted.
IN SUMMARY, check the lease
to determine whether the owner has
the duty to repair. If an “owner will
repair” clause is present, then the
responsiblity is clear. If such a
clause is not present one may be
implied in the lease. Improvements
to the leased premises made by the
tenant will become the property of
the owner unless the owner con
sented to the improvements and
agreed that the tenant would have
the right of removal.
The Good, The Crab
And Not too Ugly!
VOTE
Angela
Goodson
Marvin
Crabtree
nspcirenl
■ight
a’ljaiui
lottage
i Litlni'J j
PIPES — CUSTOM BLENDED TOBACCO
CIGARS — DOMESTIC & IMPORTED
We also carry imported
cigarettes:
DUNHILL, BALKAN
SOBRANIE & SHERMAN
Bud and Boyd
VOTE
Boyd Grimshaw
and
Frank “Bud” Box
O.C.S.A. Rep. Area III
Oct. 27
Paid Political Ad.
|g Ride a bicycle g
H Help keep our =§
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3709 E. 29th St. Town & Country Center
Bryanl =
THE BATT DOES IT DAILY
Monday through Friday
HEWLETT-PACKARD
Has The Latest In
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LOUPOT S BOOKSTORE
Your Calculator Headquarters
Ok\ (All) Off-Campus
1 Students! Vote
'° for your OCSA
representative
Oct. 27.
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For the best in wood bottoms, try Bare
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We reserve the right to regulate the use of this privilege.
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