Should I Rent my house to these applicants?

[Ceryn Chen]

hi I am a landlord in TX and have an applicant that I approved to rent my house. We have not signed a lease yet, but I feel there have been a few demands and changes to the lease prior to signing. I am ok with accepting most of these requests (most seem reasonable) but my main concern is that they might be high maintenance after they move in?

Are their requests fair or am I over reacting to what they need?

However I believe if they are this particular, they could be good clean tenants maybe …

+1. they requested for me (LL) to mow the lawn which I agreed — in the lease amendments they asked for more (weeding, shrub trimming etc)

+2. They asked for me to install water softener for them (luckily I already have one). Then they asked for servicing before move in

+3. more requests (reasonable, but more): 

• Professional carpet cleaning (especially the upstairs carpet)
• Replacement of the HVAC air filter
• Replacement of the refrigerator water filter, if it is due
• Cleaning of the dishwasher filter and a quick check to make sure it is working properly
• Fresh batteries for the smoke detectors and the front door lock, if needed
• Checking the garage door opener remotes and replacing the batteries if necessary
• Replacement of any burned-out light bulbs

+4. they asked to do another walk through before they move in to make sure the place is clean to their standards

+5. Here are the lease amendments (standard Texas Realtors Lease) they asked for:

[Requested Amendments to Standard Clauses]

1. Late Fees (Paragraph 4.E)

• Proposed Amendment: If rent is not received by the 3rd of each month at 11:59 PM, Tenant shall pay an initial late charge of $50.00, plus an additional daily late charge of $10.00 thereafter until paid in full. The maximum cumulative late fee per month shall not exceed 5% of the monthly rent ($175.00).

2. Notice of Termination (Paragraph 5.A)

• Proposed Amendment: The lease automatically renews on a month-to-month basis unless either party provides written notice of termination at least 30 days before the Expiration Date.

3. Animal Restrictions (Paragraph 6.B)

• Proposed Amendment: If an unauthorized animal is found, Landlord must provide Tenant with a 3-day written notice to cure (remove the animal). Penalties (initial charge of $100.00 and $10.00 per day thereafter) shall only be assessed if the violation is not cured within the 3-day period.

4. Yard Maintenance (Paragraph 14.B)

• Proposed Amendment / Overriding Clause: Landlord shall be solely responsible for mowing the yard at Landlord's expense. Tenant's yard responsibility is limited to routine watering using the functional sprinkler system provided by Landlord. Tenant shall NOT be held liable for any deterioration, damage, or death of the lawn and landscaping resulting from municipal water restrictions, extreme weather/heat, undetected leaks, or irrigation system malfunctions. Weed control, fertilization, and tree/shrub trimming shall be performed at Landlord's sole expense.

5. Access & Trip Charges (Paragraph 11.B & C)

• Proposed Amendment: Except for emergencies, Landlord must provide at least 24 hours prior written notice and obtain Tenant's consent before entering the Property. No trip charges shall be assessed if access is denied for any unannounced or uncoordinated visits.

6. Holdover Rent (Paragraph 19)

• Proposed Amendment: Rent for any holdover period shall be limited to one and a half (1.5) times the daily rate of the monthly rent. If the delay is caused by force majeure or unavoidable moving logistical delays, a grace period of up to 3 days shall be granted before holdover rent applies.

7. Rent Acceleration (Paragraph 24.B(2))

• Proposed Amendment: The rent acceleration clause is deleted in its entirety. If Tenant terminates the lease early, Landlord shall actively mitigate damages by attempting to relet the Property, and Tenant's liability shall be limited to actual rent lost during the vacancy period and a reasonable reletting fee.

[Addendum regarding Move-In Condition & Cleaning]

Since there is currently a tenant occupying the property, we would like to add the following clause to protect both parties regarding the move-in condition:

• Prior to Move-in Walk-Through:

  Tenant is signing this Lease while the current tenant occupies the Property. Notwithstanding Paragraph 12(A) (Sight Unseen), Tenant reserves the right to conduct a final walk-through inspection of the Property after the current tenant vacates and before the Lease commencement date (September 2, 2026). Landlord agrees to clean the Property and repair any damages caused by the vacating tenant at Landlord's sole expense prior to Tenant's move-in.

• Professional Cleaning:

  Landlord agrees to provide a professional deep cleaning of the Property, including professional carpet shampooing, at Landlord's sole expense prior to the Commencement Date.

[Special Provisions - To be added to Paragraph 23]

• Repair Deductibles & Maintenance Cost: "Landlord shall be 100% responsible for all costs and service fees associated with any structural, mechanical, plumbing, electrical, and appliance repairs, with a $0 deductible (no deductible or service call fee) charged to Tenant, unless the damage is proven to be caused by Tenant's gross negligence or direct misuse."

[Richard F.]

Quote from @Ceryn Chen:

Quote from @Richard F.:

NO.

If your current Rental Agreement Template does not meet local law, you need to change it to one that does. Re-writing at the request of an applicant tells me they clearly know the law better than you, and that alone is enough to bypass them under these circumstances. You have NO idea what conditions will be when current tenant vacates, and NO control over them actually vacating prior to the new occupancy date or soon enough for you to resolve all of the maintenance issues currently known, and unknown.

You need to decide if you want to provide yard service, and exactly how. Hire a yard service company? At what cost? Do it yourself? On what schedule? Tenants like these are likely to complain if you are mowing during weekend mornings or other times. Usually yard services work during more or less regular business hours when most residents are at work. Also, based on the requests, they may be much more demanding that what you feel is "reasonable". One additional factor, it sounds like you have an irrigation system? If so, or even if you just provide hose reels and portable sprinklers, you need to require that tenant provide water for adequate use to maintain the health of the yard. (We have very expensive water, and often tenants don't want to pay the resulting high water bills, so they disable the systems.)

Why would you consider installing a water softener? Are there issues with local water, or is the property on a well? Who will purchase, deliver, and recharge the salt supply? By the way, you cannot use "softened" water to water the yard. Either 1) it will kill the grass, or 2) your salt expense and frequency of refilling will go very high.

The entire list of smaller requests should automatically be completed during rental prep after current tenant vacates.

I would be leery of their request to add the animal restriction paragraph. You need a clear, written, Pet Policy if you allow any, and these should include restrictions specifically regarding dogs, as well as list of acceptable "other" pets. Alternatively, a NO Pets policy, and a separate "Assistance Animal" policy with specific allowable restrictions for ESA's. 

Regarding access, I would never enter, or allow contractors to enter unless scheduled and tenant was home. Exceptions would be for a requested "welfare check" or notable water/smoke exiting the unit.

Unless that "repair deductibles" clause is a local requirement, I would not approve that language. You need to be fair of course, but that seems to excessively hold the LL responsible.

 Hi Richard, thank you for your help. The lease I used is the standard Texas Realtor Residential Lease. I did not change it at all, besides fill in the blanks. I believe this lease is the most comprehensive given it is the state standard. 

I agreed to mow the lawn, but what concerns me is that they added more services that they want me to do in the amendments. However a part of me feels i should not complain and agree to perform the extra tasks because the rent is $3500, and it is not easy finding qualified tenants.

These are good questions to think about, that they might complain about the hours and the water usage. All of the listed amendments above are requested by the applicant to change the standard lease terms I had sent them to sign.

At a $3500 price point, they would have higher expectations, but you need to maintain the control. Learn to say NO. Your property, your decisions. And be certain you hold the tenant to all of their responsibilities, per law and the terms of the agreement. I would advise against you personally, or a family member, performing the yard service. It will be another opportunity, multiple times per month, for them to make new demands "since you are already there". Yard guys should be advised to simply tell tenant to contact their LL as previously instructed for service requests if they want need something else. Be sure you properly detail the scope of work required of the yard service people, including frequency, maximum height, exact areas, application of weed killer / fertilizer at proper times, informing you of issues due to lack of proper watering, shrubs/low trees to trim or shape, and frequency, and any other special issues.

What about the water softener? What is the reason they believe it is needed? 

What is your plan if the current tenant is not out in time to meet the new move in date? You have zero control over when they actually vacate, and, often, neither do they. 

In well over 20 years, I never signed a rental agreement before the unit was Ready To Rent, and never showed an occupied, or work in progress unit. I might sign a Deposit and Hold agreement, with an open ended start date, but never a signed rental agreement. And I very rarely negotiated any terms beyond start/end dates. Modifications to the actual rental agreement "are against policy", only filling in the blanks was allowed.