While a landlord may have a contract clause in the lease stating he is not
responsible for any negligent acts, there are some personal injury court opinions holding, as a matter of law, that these types of negligence release clauses are insufficient to bar an injury victim's claim for negligence. Such clauses are sometimes disfavored and strictly construed against the party attempting to enforce them; especially in the landlord tenant relationship because of the disparity of bargaining power.
Also, certain duties under the Landlord and Tenant statutes of Texas may not be waived. The relationship between Texas landlords and their tenants is governed by several statutes, particularly Chapter 92 of the Texas Property Code, and by various court rulings.
The Frisco Texas Waiver, Release of Liability, and Hold Harmless Agreement of Lessee in Favor of Lessor is a legal document that outlines the terms and conditions of a lease agreement between a lessee (tenant) and a lessor (landlord) in Frisco, Texas. This agreement is important for both parties to protect their rights, minimize risks, and clarify responsibilities. Keywords: Frisco Texas, Waiver, Release of Liability, Hold Harmless Agreement, Lessee, Lessor. The agreement typically includes the following key elements: 1. Parties Involved: This section clearly identifies the lessee (tenant) and the lessor (landlord) along with their contact information. 2. Purpose: It states the purpose of the agreement, which is to establish the terms and conditions under which the lessee rents the property from the lessor. 3. Property Description: This portion provides a detailed description of the property being leased, including the address, size, amenities, and any other relevant information. 4. Terms of Lease: The agreement outlines the duration of the lease, starting and ending dates, rent amount, payment schedule, and any penalties for late payments or breaches of the terms. 5. Waiver and Release of Liability: This clause states that the lessee acknowledges and assumes all risks associated with the use of the property and agrees to release the lessor from any liability for personal injuries, property damage, or other losses that may occur during the lease term. 6. Hold Harmless Agreement: The lessee agrees to indemnify and hold the lessor harmless from any claims, demands, or actions arising out of the lessee's use of the property, including but not limited to any injuries, damages, losses, or liabilities. 7. Maintenance Responsibilities: This section defines the obligations of both parties in terms of property maintenance, repairs, and upkeep. It clarifies who is responsible for routine maintenance and who should be contacted in case of emergencies. 8. Insurance Requirements: The agreement may specify any insurance coverage required by the lessor, such as liability insurance, renter's insurance, or property insurance. 9. Default and Termination: It outlines the circumstances under which either party can terminate the lease agreement, including any notice periods required. 10. Governing Law and Jurisdiction: This clause specifies that the agreement will be governed by and interpreted under the laws of the state of Texas, and any disputes will be resolved in the appropriate courts in Frisco, Texas. Different types of Frisco Texas Waiver, Release of Liability, and Hold Harmless Agreement of Lessee in Favor of Lessor may include variations in specific terms based on the nature of the property being leased or specific requirements of the parties involved. Some examples of potential variations could include agreements for residential properties, commercial properties, short-term rentals, or special-use properties like event venues or recreational facilities.
