Understanding the Duties of a Life Tenant in Texas

Overview. A life tenant (someone who holds a life estate) has the right to occupy and use property for the duration of a life interest. That right comes with legal duties to preserve the property’s value and prevent harm to the future owner(s) (remaindermen). The rules that govern those duties in Texas come primarily from long-established property law principles (the law of “waste”) and from the language of the deed or will creating the life estate. This article explains the practical duties a life tenant usually has, common exceptions, possible remedies for the remainderman, and steps both life tenants and remaindermen can take to reduce disputes.

Detailed Answer

What a life tenant is allowed to do

A life tenant may use the property and collect its ordinary profits (rent, crops, etc.) for the duration of the life estate. The life tenant may make ordinary repairs and use the property in a way consistent with maintaining its character and value.

Primary duties of a life tenant

• Do not commit waste. Texas follows the common-law doctrine of waste. A life tenant must not commit voluntary waste (deliberate acts that damage the property), permissive waste (neglect or failure to make ordinary repairs or pay necessary charges), or, in some circumstances, ameliorative waste (substantial changes that alter the character of the property). Courts can order remedies if waste occurs.
• Maintain ordinary repairs and upkeep. The life tenant generally must keep the property in ordinary repair so it does not deteriorate from reasonable use. This includes routine maintenance (roof repairs, plumbing, HVAC, small structural fixes) needed to prevent decline.
• Pay ordinary operating expenses to the extent of income or use. When the property produces income (rent, farming revenue), the life tenant typically must use that income to pay ordinary expenses, such as utilities, routine maintenance, and property taxes. If the life tenant lives in the property and it does not generate income, the life tenant normally still has the duty to keep up ordinary maintenance.
• Taxes, assessments, and mortgage interest. A life tenant is usually obligated to pay current property taxes and assessments that fall due during the life tenancy, and may be required to pay interest on encumbrances. Where the property is subject to a mortgage, courts often require the life tenant to pay interest and current obligations but not necessarily the mortgage principal that secures the remainderman’s long-term interest (unless the deed or agreement says otherwise).
• Protect the property from loss. Reasonable measures to protect the property—keeping insurance in place, securing the premises, and complying with local building or nuisance laws—are duties a life tenant should follow. Whether the life tenant must carry insurance depends on the deed and the circumstances; however, keeping the structure insured is a common expectation.

How major repairs and improvements are treated

Major repairs and capital improvements raise special issues. If the life tenant performs necessary major repairs to prevent destruction, a court may allow the life tenant reimbursement from the property value or an accounting at termination, but recovery is not automatic and depends on the facts and any agreements in the deed or will. Conversely, making large improvements that change the property’s character (ameliorative improvements) can be challenged by remaindermen unless the change is reasonable and does not harm their future interest. Written agreements between life tenant and remainderman are the best way to set expectations about major repairs and improvements.

What a remainderman can do if the life tenant fails in their duties

• Injunction. A remainderman can ask a court to stop the life tenant from committing further waste (for example, to stop demolition or hazardous activity).
• Damages. The remainderman can seek money damages to compensate for loss in property value caused by waste.
• Accounting and reimbursement. If the remainderman pays taxes, mortgage interest, or undertakes necessary repairs to protect the property, the remainderman may seek reimbursement or an equitable lien in court under appropriate circumstances.
• Partition or sale. In certain cases (depending on how the property is owned), a remainderman may seek partition or a judicial sale to protect their interest.

Role of the deed or will

The document that creates the life estate (deed or will) can change the default responsibilities. It can require the life tenant to pay all taxes, perform specific repairs, carry insurance, or otherwise allocate costs and duties differently. Texas courts will enforce clear contractual directions in the deed or will.

Typical Texas examples (hypothetical)

Example 1: Joan holds a life estate in her family home. She lives there, collects no rent, and keeps routine repairs current. She must not tear down the house or remove major fixtures in a way that reduces the home’s value for the remainderman.

Example 2: Sam holds a life estate in a rental duplex and collects rents. He must apply rental income to ordinary expenses and taxes. If he neglects the roof for years and the building deteriorates, the remainderman can seek relief for permissive waste.

Practical allocation of costs (common approaches)

• Life tenant pays routine repairs, upkeep, utilities, and current property taxes.
• Remainderman pays for long-term capital projects or mortgage principal, unless the deed states otherwise.
• Parties often split large expenses by agreement or create a fund for maintenance to avoid disputes.

Where to look for the governing rules. Texas courts apply the general doctrines of waste and equitable principles to life estates. The deed or will that created the life estate and any written agreements between the parties control where there is clear language. For general reference to Texas statutes and codes, the official Texas statutes site is available at https://statutes.capitol.texas.gov/.

Helpful Hints

• Keep written records. Track repairs, maintenance bills, tax payments, insurance, and rental income. Clear records help resolve disputes and support claims for reimbursement.
• Get agreements in writing. If the life tenant and remainderman expect a different split of expenses, sign a written agreement outlining obligations, payment schedules, and dispute resolution.
• Communicate early. Regular communication between life tenant and remainderman prevents misunderstandings about maintenance and large repairs.
• Maintain insurance. Maintain adequate property insurance and name both life tenant and remainderman on policies when possible.
• Address mortgages and liens. Understand who is responsible for paying mortgage interest and taxes; unresolved liens can threaten both interests.
• Consult a Texas attorney. If a dispute arises or the life estate language is unclear, a Texas real property attorney can explain rights and remedies and represent you in court if necessary.

Next Steps

If you are a life tenant, remainderman, or potential purchaser, review the instrument that created the life estate and document expense responsibilities. If you see signs of waste, communicate in writing and consider legal advice quickly—equitable remedies (like injunctions) move faster when the harm is ongoing.

Disclaimer: This article explains general legal principles under Texas property law and is for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not address all facts that affect a particular situation. For advice tailored to your situation, contact a licensed Texas attorney.