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 Houston Texas Waiver, Release of Liability, and Hold Harmless Agreement of Lessee in Favor of Lessor is a legally binding contract that outlines the terms and conditions under which a lessee agrees to waive certain rights, release liability, and hold harmless the lessor from any claims, damages, or injuries that may arise during the use or occupancy of a property or equipment. This agreement is commonly used in lease agreements for properties or equipment in Houston, Texas, to protect the lessor from potential legal disputes and liabilities. It serves as a mutual understanding between both parties to allocate responsibility in case of any accidents, incidents, or damages that may occur. The agreement typically includes relevant keywords such as: 1. Waiver: The lessee acknowledges and voluntarily gives up specific rights, including the right to sue or make a claim against the lessor for any injuries, damages, or losses incurred during the lease period. This waiver of rights is crucial in safeguarding the lessor against potential legal claims. 2. Release of Liability: The lessee agrees to release the lessor from any and all liabilities, claims, demands, actions, or causes of action arising from the use, occupation, or possession of the leased property or equipment. This provision ensures that the lessee assumes full responsibility for their actions and any consequences that may arise. 3. Hold Harmless: The lessee agrees to indemnify and hold the lessor harmless from any claims, damages, costs, or expenses, including legal fees, arising out of the lessee's use, occupancy, or possession of the property or equipment. This protects the lessor from financial burdens associated with any legal actions arising from the lessee's actions or negligence. It is important to note that there may be different types or variations of the Houston Texas Waiver, Release of Liability, and Hold Harmless Agreement of Lessee in Favor of Lessor, depending on the specific circumstances or nature of the lease agreement. Some common variations may include: 1. Property Lease Agreement: This agreement is specifically designed for leasing or renting properties, such as residential apartments, commercial buildings, or vacant land. 2. Equipment Lease Agreement: This agreement is tailored for leasing or renting equipment, machinery, vehicles, or any other movable assets. 3. Event Lease Agreement: This agreement is specific to leasing or renting venues or spaces for events, parties, or gatherings, which may have additional clauses related to event-specific liabilities and responsibilities. 4. Short-term Lease Agreement: This type of agreement applies to leases with a shorter duration, such as monthly rentals or short-term leases, and may have specific clauses relating to notice periods, renewals, or terminations. It is essential for both parties involved in a lease agreement to carefully review and understand the Houston Texas Waiver, Release of Liability, and Hold Harmless Agreement of Lessee in Favor of Lessor before signing, and seek legal advice if necessary.
