US-Texas: Landlord having to pay for troubleshooting of home issues when no issue is found
<p>I have a rental property in Austin, TX that I have rented out to a single tenant.
My tenant frequently reaches out to me with various requests, worried something is wrong with the home that can affect her health and safety. She is a senior citizen and lives by herself.</p>
<p>The best example I have are gas leaks. I have been asked multiple times to call contractors because my tenant <em><strong>believed</strong></em> she smelled gas in the home and every single time no leak was found. Unfortunately, I am left with a service call fee (for instance, $150), which I have been refusing to pay with the grounds that nothing was found in the home. My tenant is losing her patience with me because she believes I have no concern for her health and safety. I am losing my patience with her because she is mistakenly believing there is something wrong with the home and I have become financially responsible for her peace of mind, when all the equipment is functioning correctly.</p>
<p>My tenant has had four contractor visits in the last 6 months for gas leaks without any leaks being found in the home.</p>
<p>I would particularly like to know about the law. It sounds counter-intuitive to me that I have to pay out of pocket for any troubleshooting expenses of such sort, especially when they are reocurring. On top of that, I would like to know the best and common practices by other landlords in the US.</p>

<p>The landlord's obligation is to effect necessary repairs that impinge on dwelling safety. If you do comply with that requirement, tenant can sue you. <a href="https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm" rel="nofollow noreferrer">§Sec. 92.056</a> of the residential tenancies law spells out the notice requirements imposed on the tenant. As stated in Subchapter B, the tenant bears the burden of proof in any such judicial action, meaning that the tenant must prove that there <em>exists</em> a hazardous condition, also that you did not effect repairs. The law is framed in terms of actual conditions, not <em>allegations</em> of conditions, which means that you are not liable for and required to disprove an allegation (a written notice that &quot;there is no leak&quot; would satisfy the diligence requirement). The part in §92.0561 that allows rent deductions in order to effect repairs only holds  when the landlord is liable, which is only true when there is a condition that must be repaired.</p>

<blockquote>
<p>It sounds counter-intuitive to me that I have to pay out of pocket for any troubleshooting expenses of such sort, especially when they are reocurring.</p>
</blockquote>
<p>Consider instructing the tenant to henceforth follow the provisions in <a href="https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm" rel="nofollow noreferrer">chapter 92</a>, sec. 92.0561(d) of the Texas Property Code. If/when a repair is needed, you will need to bear in mind items (d)(2) and (e) for deciding whether you will address the repair or let the tenant handle it and deduct from the rent the applicable expenses (subject to the constraints listed in items (b) and (c)).</p>
<p>In line with section 92.052, you as landlord are responsible for repairing any condition that &quot;<em>materially affects the physical health or safety of an ordinary tenant</em>&quot;, not for the pattern of rather imaginary conditions.</p>

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