Texas: Am I under obligation to replace the deck immediately?

[Annette Radvansky]

Tenant has been in property over 3 years and last week told me deck needed repair. Someone came out yesterday, the deck needs to be totally replaced. I had it completely dismantled and hauled away this morning because I felt it was unsafe and a liability.

My question is this: under Texas law, am I obligated to immediately replace this deck, given the tenant rented the property with a deck? I do plan to replace it, but I need to know how much time I have to accomplish this task? I'd like to get three separate estimates before undergoing such an expense as this. Meanwhile, I'd like to purchase and place stepping stones for them to walk on, so they don't have to walk on the ground. Is this acceptable for the time being?

[Jim Cummings]

@Annette Radvansky. Don't think you'll find anything "Hard & Fast" about a specific timeline to replace the deck. Check your specific Lease for applicable guidance.

If you are utilizing the Standard TAR Lease, check Paragraph 18.B. REPAIRS. This paragraph further states "The Property Code presumes that 7 days is a reasonable period of time for Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different time is appropriate (such as severity and nature of the condition and the availability of materials, labor, and utilities)." 

Obviously, you'll want to  keep your tenants happy & INFORMED. Shouldn't take you more than a few days to get estimates to replace the deck, and another few days to schedule for replacement. 

Assuming you have reasonable tenants, COMMUNICATION is the key in my opinion.