A maintenance clause can assign routine upkeep to the tenant, name the reporting channel and set access rules, but it cannot waive the landlord’s duty to repair conditions that materially affect health or safety. Property Code §92.006 says those duties “may not be waived” except in three narrow ways. The parties may agree that the tenant will repair at the landlord’s expense (§92.006(d)). A landlord who owns only one rental dwelling may agree that the tenant repairs at the tenant’s expense, but only if the dwelling is free of health-or-safety conditions at the start, the landlord has no reason to expect one, and the agreement is written, underlined or in bold, specific, and made knowingly and for consideration (§92.006(e)). And any landlord may shift three named items to the tenant — wastewater stoppages caused by improper objects in lines serving only that dwelling, damage to doors, windows or screens, and damage from doors or windows left open — with the same written, underlined or bold agreement (§92.006(f)). Everything else in the clause is administration.
What the landlord must keep
§92.052 obliges the landlord to “make a diligent effort to repair or remedy a condition” after notice to the place rent is paid, if the tenant is current on rent and the condition materially affects an ordinary tenant’s health or safety — or arises from failing to maintain hot water at 120 °F. The landlord does not have to repair damage caused by the tenant, the tenant’s family or guests (§92.052(b)), and a lease may require the notice to be in writing (§92.052(d)). Security devices (Subchapter D), utility cut-offs (Subchapter G) and the duty to install smoke alarms (Subchapter F) cannot be waived at all; the smoke-alarm inspection-and-repair duty can be waived only by written agreement (§92.006(a)).
What the tenant can take on
- Yard, filters, batteries, light bulbs and prompt reporting — ordinary upkeep that does not touch health or safety.
- Tenant-caused damage: the statute already excludes it from the landlord’s duty; the clause states that the tenant pays for it.
- The three §92.006(f) items — foreign-object drain stoppages in the dwelling’s own lines, doors, windows and screens, and damage from doors or windows left open — with the underlined or bold agreement the statute requires; stoppages from roots, deterioration or faulty equipment stay with the landlord.
- For a one-dwelling landlord only, broader tenant repairs under §92.006(e), with all of its conditions met.
The clause in practice
- Name the reporting route — the same address or portal where rent is paid, because §92.052 measures notice there — and state that requests must be in writing.
- Promise a response time in the lease that you can keep; §92.056 presumes seven days reasonable for a health-or-safety condition, and a shorter promise is a term the tenant can hold you to.
- Set access on reasonable notice for non-emergency work and immediate access for emergencies; Texas has no statewide entry-notice statute, so the lease supplies it.
- Give the emergency number §92.020 requires and say what counts as an emergency.
Frequently asked questions
Can a Texas lease make the tenant responsible for all repairs?
No. Duties for conditions affecting health or safety cannot be waived except through the narrow written, underlined or bold agreements in §92.006(d)–(f) — the broad tenant-repair agreement is available only to a landlord who owns a single rental dwelling; security devices, disclosure of ownership and utility cut-offs cannot be waived at all (Property Code §92.006).
Must a repair request be in writing?
Only if the lease is in writing and requires written notice; otherwise notice to the place where rent is paid suffices (Property Code §92.052(d)).
Does the landlord have to fix damage the tenant caused?
Not during the term, unless it results from normal wear; the tenant, family members and guests are excluded from the repair duty by §92.052(b) (Chapter 92).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas State Law Library — Landlord/Tenant Law research guide ↗
- Texas State Law Library — Repairs ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.