Usually, the lease governs the relationship between the Landlord and the Tenant, but, their are ghosts that sort of hover around the lease, haunting it if you will. Generally, ghosts are pretty harmless, but sometimes, things can go wrong and you find yourself getting stuck in Paranormal Activity 4 (Update, there are 6 Paranormal Activity Films).
Those ghosts, in Texas, are case law and the laws themselves. Take for example Section 92.008 of the Texas Property Code. Subsection (g) specifically says that the Landlord nor the Tenant can waive their rights or duties under this Section.
Another example of a ghost is the case Italian Cowboy Partners vs Prudential Insurance Company. There, the court found some disclaimer language to be insufficient in the lease which ended up hurting the Landlord. Basically, if you want to have protection in a lease as a Landlord, that protection had better be in very clear and unequivocal language.
So if you are not a fan of horror movies, hire an attorney who can help you with a lease, or any contract for that matter. Attorneys, believe it or not, make pretty good ghost busters.
If you have any questions or comments, send us an email through our contact page. Also, if you know anyone looking to buy, sell or lease in Dallas or the surrounding areas, CRECL does appreciate referrals.