Ace the Texas Real Estate State Exam 2025 – Unlock Your Realty Dreams!

For a tenant to pursue constructive eviction, it is essential that the landlord fails to maintain habitable living conditions. Constructive eviction occurs when a landlord's actions (or lack of action) significantly disrupt the tenant's ability to enjoy their rental property, making it uninhabitable. This can include issues such as lack of heat, water, or essential repairs that affect the tenant's well-being and safety.

When a landlord neglects their responsibilities regarding the maintenance of the property, tenants may have no choice but to leave in order to find safe and livable conditions elsewhere. By demonstrating that the landlord did not uphold their legal obligations to provide a habitable environment, the tenant can justify their decision to vacate the premises and may seek legal recourse for damages.

Securing new housing, being locked out by the landlord, or breaching the rental agreement are not prerequisites for a constructive eviction claim. The key factor is the landlord's failure to maintain the property's livability, which creates an untenable living situation for the tenant.