Legal Question in Real Estate Law in Texas

If the house you move into is not completely ready as in, cracking walls, no heat or air, gas leaks ect. and you refuse to pay rent after constant complaints are you required to pay rent? I have gotten an eviction notice, but I have picture evidence of the damage, can I be evicted? Will I lose if taken to court?


Asked on 11/11/10, 1:53 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Short answer is: Under the Texas Property Code, you can't stay in the property and refuse to pay rent. You have other remedies, but that isn't one of them.

The only issue in a forcible entry and detainer suit (like the one he filed) is who has the right to possession of the premises. Your suit for his breach of the lease would be a separate suit.

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Answered on 11/17/10, 5:56 am


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