A property manager, licensed as a real estate broker, is managing an apartment complex. A tenant reports a broken dishwasher and a leaky faucet. The property manager instructs the tenant to contact a specific repair company directly and pay for the repairs, then deduct the cost from the next month's rent. Is this action permissible under Texas property management laws and TREC rules?
- AYes, as long as the lease agreement permits tenants to arrange and pay for minor repairs.
- BNo, the property manager must arrange for repairs and cannot require the tenant to pay directly and deduct.
- CNo, because a property manager cannot delegate their repair responsibilities to a tenant.
- DYes, but only if the repair cost is below a certain threshold defined by TREC.
Show answer & explanationAnswer & explanation
Correct answer: B. No, the property manager must arrange for repairs and cannot require the tenant to pay directly and deduct.
Under the Texas Property Code, landlords (and by extension, their property managers) have a duty to make repairs that materially affect the physical health or safety of an ordinary tenant, if the tenant has given proper notice and is current on rent. The landlord generally cannot require the tenant to pay for these repairs upfront and then deduct from rent, unless specifically agreed upon in a valid written lease addendum for specific, non-material repairs, or in emergencies. The primary responsibility for arranging and paying for necessary repairs lies with the landlord/manager.
Why the other options are wrong
- A. While some minor repairs might be handled this way, for essential items like a dishwasher or leaky faucet, the landlord typically has the primary responsibility. The instruction to 'pay directly and deduct' isn't standard or necessarily permissible for all repairs.
- C. While the manager can't fully delegate responsibility, the core issue is compelling the tenant to pay upfront and deduct, shifting the financial burden and responsibility in a way not generally allowed for essential repairs.
- D. TREC does not define such a threshold for tenant-paid repairs. The Property Code governs repair duties.
Landlord's Duty to Repair (Texas)
Under the Texas Property Code, a landlord has a legal obligation to make a diligent effort to repair or remedy a condition if it materially affects the physical health or safety of an ordinary tenant, provided the tenant is current on rent and has given proper notice.
- Applies to health/safety issues
- Tenant must give notice and be current on rent
- Landlord generally pays for and arranges repairs
Memory trick: Health and safety repairs are the landlord's duty, not the tenant's bill to front.