Property Bar Practice Exam

The warranty of habitability in Texas refers to the implied promise that residential rental properties are fit for human habitation. Typically, a landlord cannot waive this warranty unless a tenant explicitly agrees to the waiver. In the context of this question, providing an express warranty for quality effectively creates an alternative agreement between the landlord and the tenant regarding the condition of the property. This express warranty may outline various qualities or conditions that the landlord guarantees, thereby overriding the implied warranty of habitability, which pertains to basic living conditions.

When an express warranty is provided, it indicates that the landlord is taking responsibility for specific conditions or qualities in the rental property, which may lead to a situation where the implication of the habitability warranty becomes waived. This action reflects a significant change in the contractual relationship, where the focus moves from the implied conditions of a habitable residence to those conditions that have been expressly guaranteed. Thus, the act of providing an express warranty aligns with the waiver of the habitability warranty because it leads tenants to rely on those specific assurances rather than the general expectation of a habitable living environment.

Concealing serious defects, failing to disclose small defects, or offering a quitclaim deed do not create a contractual understanding that would waive the habitability warranty. These actions can