What is a constructive eviction in civil law?
Constructive eviction is a concept in civil law in the state of Texas that allows a tenant to terminate a lease without being held liable for the lease due to the landlord’s actions. This concept is based on the idea that a landlord must provide a tenant with a habitable and livable space in order for the tenant to have a valid lease. Examples of constructive eviction might include interference with a tenant’s reasonable enjoyment of the premises, such as not providing promised utilities or maintenance, making the interior or exterior of the dwelling uninhabitable, or failing to repair or replace essential services. If a tenant decides to terminate the lease due to a constructive eviction, the tenant must provide the landlord with written notice of this decision. The tenant must also make all reasonable efforts to avoid eviction, like alerting the landlord to the issues or offering an alternative solution. When a tenant successfully proves constructive eviction, the tenant may be able to recover damages for mental distress, inconvenience, and any relocation expenses. However, the tenant will still be responsible for any unpaid rent before they left the premises.
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