What constitutes constructive eviction?

Prepare for the Texas Real Estate State Practice Exam with our targeted quiz. Utilize our flashcards and multiple-choice questions, each with hints and explanations, to get exam-ready!

Constructive eviction occurs when a landlord's actions or inactions create conditions that effectively force a tenant to leave the property, as these conditions make it unlivable or unsuitable for the intended purpose of residence. In this case, the failure of a landlord to maintain habitable conditions—such as not addressing significant issues like plumbing problems, unsafe electrical systems, or lack of heat—can compel the tenant to vacate the premises. The situation becomes so intolerable that a reasonable person would feel obligated to leave.

The other choices present scenarios that do not align with the definition of constructive eviction. For instance, raising the rent excessively could lead to disputes but does not directly constitute constructive eviction unless it significantly exacerbates an already uninhabitable situation. A tenant failing to pay rent is not a reflection of the landlord's responsibilities or actions, and serving an eviction notice is a legal procedure that does not necessarily relate to conditions of habitability or tenant rights. Hence, the focus on the landlord's failure to maintain a livable environment is the key factor that defines constructive eviction accurately.

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