Some tenants fear that their landlord will punish them if they complain about problems with their apartment. This kind of punishment is called "retaliation." Section 92.331 of the Texas Property Code describesunlawfullandlord retaliation, noting:
A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:
(1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;
See AlsoWrongful Eviction in Texas | Everything You Need to KnowHow to Sue a Landlord in Texas | Steve Brannan, Attorney PCMy landlord wants to evict me. Can they lock me out of my home?7 Practical Tips for Landlords Dealing with Terrible Tenants(2) gives a landlord a notice to repair or exercise a remedy under this chapter;
(3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:
(A) claims a building or housing code violation or utility problem; and
(B) believes in good faith that the complaint is valid and that the violation or problem occurred; or
(4) establishes, attempts to establish, or participates in a tenant organization.
Under this law, a landlord may not retaliate by:
- Filing eviction proceedings (unless in certain circ*mstances listed in Section 92.332, like when a tenant is behind in rent, has intentionally damaged the property, or remains in the property after their lease has ended);
- Depriving the tenant of use of the premises;
- Decreasing services to the tenant;
- Raising the rent or ending the lease; or
- "[E]ngaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease."
Section 92.333 goes on to describe what remedies a tenant may pursue, including, "a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord."
I've got a pretty solid grip on tenant-landlord laws, particularly in Texas. Section 92.331 of the Texas Property Code deals specifically with landlord retaliation, prohibiting landlords from taking adverse actions against tenants who assert their rights or complain in good faith about issues in their rented property. This section safeguards tenants who exercise their rights granted by the lease, local ordinances, or state/federal laws, such as requesting repairs, reporting violations to authorities, or participating in tenant organizations.
Under this law, landlords can't retaliate by filing for eviction (except in certain specified situations), denying access to the premises, reducing services, raising rent, or ending the lease. Also, engaging in a course of conduct that substantially interferes with a tenant's rights is considered retaliation.
Section 92.333 outlines the remedies available to tenants if they face retaliation. This includes seeking compensation, such as a civil penalty equivalent to one month's rent plus $500, actual damages, legal fees, and court costs. These remedies aim to compensate tenants for property damages, moving expenses, civil penalties, or to seek injunctive relief.
The code essentially protects tenants from repercussions when they legitimately assert their rights or raise concerns about the property's condition or violations. Understanding these sections is crucial for tenants navigating potential conflicts with their landlords while upholding their rights under Texas law.
