CH 9 TRANSACTIONS USED Iin REAL ESTATE TRANSACTIONS part 2.pdf.docx

The same hall the landlord may install at least one

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the same hall, the landlord may install at least one smoke detector in that ___________________________________________________________ Unit 9: Contracts Used In Real Estate Transactions II 342
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hallway by the bedrooms. Efficiency apartments must have one smoke detector inside the unit. Landlords must make certain that existing smoke detectors are operating correctly. If there are no smoke detectors, the landlord must install them before a tenant moves in. The Subchapter also specifies the extent of liability of a landlord who fails to install, inspect, or repair a smoke detector and a tenant who tampers with the smoke detector. The tenant is prohibited from disconnecting or intentionally damaging a smoke alarm and may be subject to civil penalties under the Texas Property Code. The tenant is responsible for replacing the batteries as needed. A landlord does not have to install fire extinguishers , but he or she must inspect any installed fire extinguishers at the beginning of the tenant’s possession and within a reasonable time after receiving written notice from the tenant. [TX Prop. Code §92.263(a)]. Limitation of Liability Owners want to be indemnified against liability caused by actions taken by their tenants. The limitation of liability clause is designed so that the tenant agrees not to file suit against the landlord for any accident that may occur at the premises. It protects the landlord if tenants or their guests trip and fall, or if customers are injured while using one of the tenants’ products or services. Also, if the tenant and landlord are both named in a lawsuit, the tenant pays the landlord’s costs in connection with the litigation. The following is a sample liability indemnity clause used in a standard residential lease agreement. "Tenant agrees to hold landlord harmless from all claims of loss or damage to property and of injury or death to persons caused by the intentional acts or negligence of the tenant, his guests, or invitees, or occurring on the premises rented for tenant’s exclusive use." Damage, Destruction, Condemnation Clause Standard residential leases contain a clause regarding damage to or destruction of the property. The Texas Property Code states that any proceeds, payment for damages, settlements, awards, or other money paid as a result of a casualty loss to the property will go to the landlord. In a residential lease, if the damage is not the fault of the tenant, and the premises are uninhabitable, the tenant may terminate the lease and rent is abated. If it is the tenant’s fault, the landlord does not have to abate or reduce the rent and he or she can terminate the lease. ___________________________________________________________ Unit 9: Contracts Used In Real Estate Transactions II 343
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It is important to note that if the government condemns a leased property or acquires it by eminent domain , the tenant may terminate the lease.
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  • Fall '19
  • Leasehold estate

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