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;
(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
See AlsoWhat You Can Do When Facing An Eviction In TexasFrequently Asked Legal QuestionsCan I evict my girlfriend, or boyfriend in Texas?How to Kick Out Your Terrible Roommate Without Being a Jerk(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."
As a legal expert specializing in landlord-tenant relations, I have a comprehensive understanding of the intricacies surrounding tenant rights and landlord obligations. My expertise is grounded in extensive research, practical experience, and a nuanced comprehension of relevant legal codes and statutes.
The article you provided touches upon a crucial aspect of tenant protection within the framework of the Texas Property Code, specifically focusing on unlawful landlord retaliation. Section 92.331 of the Texas Property Code serves as the cornerstone for addressing tenant concerns related to potential retaliation. Let's break down the key concepts involved in this legal provision:
Section 92.331 of the Texas Property Code:
Tenant's Rights and Protections:
The law establishes that a landlord may not retaliate against a tenant for the following reasons:
-
Exercising Legal Rights:
- In good faith, exercising or attempting to exercise rights or remedies granted to the tenant by lease, municipal ordinance, or federal or state statute.
-
Notices and Complaints:
- Providing a notice to repair or exercising a remedy under the applicable chapter.
- Complaining to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency. This includes claims of building or housing code violations or utility problems, provided the complaint is made in good faith and is believed to be valid.
-
Tenant Organizations:
- Establishing, attempting to establish, or participating in a tenant organization.
Actions Prohibited by Landlords:
The law specifies that landlords are prohibited from retaliating by:
-
Eviction Proceedings:
- Filing eviction proceedings, unless under certain specified circ*mstances (as listed in Section 92.332).
-
Premises Use:
- Depriving the tenant of use of the premises.
-
Services Reduction:
- Decreasing services to the tenant.
-
Rent Increase or Lease Termination:
- Raising the rent or terminating the lease.
-
Bad Faith Conduct:
- Engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the lease.
Section 92.333 - Remedies for Tenants:
This section outlines the remedies available to tenants, including:
- Civil Penalty:
- Imposition of a civil penalty, which includes one month's rent plus $500.
- Actual Damages:
- Recovery of actual damages.
- Court Costs and Attorney's Fees:
- Reimbursem*nt for court costs and reasonable attorney's fees.
- Legal Actions:
- Pursuing legal actions for property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, with adjustments for delinquent rents or other sums owed to the landlord.
In summary, Section 92.331 and its related provisions aim to safeguard tenants from unlawful retaliation by landlords and provide clear avenues for legal recourse in the event of such actions. This legal framework underscores the importance of upholding tenant rights and maintaining a fair and just landlord-tenant relationship.
