Texas Supreme Court, 1991

Indart v. Bolin Development Corp.

Indart v. Bolin Development Corp.
Texas Supreme Court · Decided September 11, 1991
814 S.W.2d 750; 34 Tex. Sup. Ct. J. 816; 1991 Tex. LEXIS 99; 1991 WL 174899 (South Western Reporter, Second Series)

Indart v. Bolin Development Corp.

Opinion of the Court

PER CURIAM.

After a fire destroyed their rental property, Ken Indart and Ziea Tabani brought an action against their landlord that included an allegation of breach of the common-law warranty of habitability. In reversing the trial court’s judgment in favor of In-dart and Tabani, the court of appeals observed that the Legislature abrogated the common-law warranty of habitability in residential tenancies, substituting in its place the statutory rights and liabilities scheme in Chapter 92 of the Texas Property Code. In denying petitioners’ application for writ of error, we should not be taken as approving or disapproving of the court of appeals’ discussion of actual damages under this statute.

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