is there such a clause?

When you rent out your property, can you put a clause that basically means “you break it, you repair it”?

I am asking because imagine this.

You rent our your property to a couple. One night they get going and decide to have sex on the kitchen counter. One of them ends up landing on the sink and breaks the faucet. Water ensues. They shut it off but the sink needs repairs and they call you to do it.

Or another scenario.

They throw a party. People get kind of drunk. A fight breaks out. When it ends, there are holes all over the walls from missed punches, slams, etc. They now call you to fix all the walls.

any help appreciated. :smiley:

ABSOLUTELY!!! You’d be crazy NOT to have a clause in your lease like that!

Mine says:

“DAMAGE – The Tenants agree to pay for repairs of all damage which they or their guests have caused.” and,

“FIRE OR CASUALTY DAMAGE – During any time when the dwelling cannot be used because of fire or casualty damage, the Tenants are not responsible for paying rent. Should a portion of the dwelling become unusable due to fire or casualty damage, the Tenants are not responsible for payment of rent on that portion. In either case, the Owners reserve the right to decide whether the dwelling is usable and what portions are usable. The Owners are not responsible for repairing or replacing any improvements made by the Tenants if those improvements are damaged. Should the fire or casualty damage have been caused by the Tenants’ own actions or neglect, they shall have not been relieved of the responsibility for payment of rent, and they shall be fully responsible for repair of the damage.”


thank you.

How about:

“If at any time, after you move, the property becomes vacant, you are responsible for that month’s full rent at current prices.” ;D

I don’t believe that this will stand up…this clause you’ve posted basically says in ten years, if you have a vacancy, you can hunt them down and charge a month’s rent…

Vacancies when someone moves are accounted for in the vacancy factor that is used when analyzing a property. I usually use 8% which contemplates about 29.2 vacant days in a calendar year. This usually gives me enough time to fix, paint, advertise, and re-rent. Additionally, you have a security deposit in-hand to use if they trash beyond “fair-wear-and-tear”…


I am in Texas.

Can I have a caluse in my lease agreement that states the rentor will pay the first $300.00 of any repairs needed.

I would pose to you the following:

(1) Is the tenant the proximate cause of the damage? If “yes”, the clause that I included above covers it…if “no”, why would you attempt to hold the tenant monetarily liable for the damages?

(2) Why would you limit yourself in a legally binding lease contract to $300? What if the tenant destroys your air conditioner and it is $3,000 to replace? That would represent 10% for him (the guilty party) and 90% for you out-of-pocket!

Just my thoughts!


As I look back at my question, I can see I did not state it clearly. I was refering to standard maintenance problems not those made by the tenant (such as plumbing leak), I should not have taken this off the main subject line. (sorry)

LOL. That was a joke :smiley:

Perhaps a better way is:

I. Tenant will be responsible for all repairs $200 and under.

II. Tenant will be responsible for repairing anything damaged by tenant and/or guests.

I am not sure punishing the tenant because your AC unit quit is good land lording. If it was cause by them, it would be covered in (II) above.

The TREC (Texas Realtor) standard lease has verbage that the rentor will pay the first so many $$ for repairs, except for specific I think the sewage line to the street.

Mind you, I’ve never taken it before a court challenge, but I presume they have a legal staff that would not have included it, if it was not valid.