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For people moving from California to Texas (the direction of the migration is paramount and hard to dispute), and who may be familiar with the eviction process in California, what would be the differences with that in Texas?

For example, in Texas, I've noticed that a lot of agreements prohibit the tenant from withholding rent, whereas in California, tenants have the right to withhold rent and "repair and deduct" (for people in San Francisco who don't necessarily care about their credit, it might be cheaper to pay a retainer than continue paying rent, and under certain circumstances, they practically cannot be evicted through a jury trial).

E.g., what notices are required, how much time in advance, how soon does a case have to be heard etc.

  • The fact that a lease prohibits the tenant from withholding rent does not mean that the tenant cannot withhold rent. For example, if a landlord fails to correct a condition that threatens a tenant's health or safety, the tenant can correct the condition and deduct the cost from the rent, provided the tenant follows a certain procedure. See texasattorneygeneral.gov/cpd/tenant-rights – phoog Jul 6 '15 at 5:03

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