Legal Question in Landlord & Tenant Law in Texas

Constructive Eviction ?

I have lived in my apartment for 7 months in during the first three my wife and 2 children (ages 10 mos. and 2 yrs.) we woken up several times due to noise, parties, and screeching tires. We wrote a letter to the management office and told them about the problem, they put in speed bumps which almost helped with the screeching tires, however has done noting about the noise. There are still parties and the cops have visited our building several times about the load noise from parties. My question is, due I have the right to break my lease and move to a quieter location. I've looked a little bit at Texas Statute � 92.056 Landlord Liability and Tenant Remedies; Notice and Time for Repair. What can I do?


Asked on 6/08/03, 12:09 pm

2 Answers from Attorneys
David Ruzumna Law Office of David Ruzumna, PLLC

Re: Constructive Eviction ?

I am not licensed to practice law in Texas, so the following is just a general comment: there is typically an implied warrantly of habitability which may be breached by the noise issue. a breach of that implied warranty would be one type of "constructive eviction." The notice and time for repair statutes GENERALLY require the tenant to notify the landlord in writing of the concern; even if not required by statute, laying a paper trail would be a good idea.

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Answered on 6/09/03, 11:04 am
Cheryl Rivera Smith The Smith Law Firm

Re: Constructive Eviction ?

You can't determine that you are a victim of constructive eviction on your own. You may want to contact the Housing Crisis Center at 214-828-4244, 4210 Junius St., Dallas, TX or go to www.tenant.net for help with your problem.

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Answered on 6/08/03, 1:33 pm


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