Real Estate Law
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If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Texas law (Tex. Prop Code Ann. §§ 92.056, 92.0561) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. Usually that means you have to give them notice to cure. The problem must be truly serious, such as the lack of heat or other essential service.
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