Property Management
Under Texas Property Code § 92.061, a tenant may not waive their rights under the warranty of habitability because:
ATREC prohibits lease waiver clauses
BThese are mandatory protections under Texas law that cannot be waived by contract✓ Correct
COnly commercial tenants can waive habitability rights
DHUD regulations override any state waiver provisions
Explanation
Texas Property Code makes certain tenant rights (including the right to habitable premises) non-waivable. Lease provisions that purport to waive these rights are void. Landlords cannot contractually eliminate their duty to maintain habitable conditions.
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