Landlord Retaliation Against Tenants | Texas Law Help (2024)

FAQs

How to deal with building manager retaliation against a tenant in Texas? ›

File a lawsuit.

If talking does not work, you can consider filing a lawsuit in Justice Court. You can use this form from the Texas Low-Income Housing Information Service to file a lawsuit against retaliation. The form comes with instructions.

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."

The Texas Workforce Commission ("TWC") is the entity responsible for enforcing the Fair Housing Act in the State of Texas. You have one year after an alleged violation to file a complaint, but you should file it as soon as possible. The following information will be requested: Your name and address.

Section 92.331 - Retaliation By Landlord (a) 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 ...

If you believe your employer has retaliated against you, you can file a retaliation complaint with the Labor Commissioner's Office.

Lying or intimidating a tenant. Giving a “three-day notice” or other eviction notice that is based on false charges. Using fighting words or threatening bodily harm. Refusing to do repairs that are required by law.

The state law prohibiting retaliation is Chapter 21 of the Texas Labor Code. Federal laws prohibiting retaliation include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. These laws contain strong protections against retaliation.

If a tenant followed the correct procedure and the landlord failed to make the repairs, the tenant can sue. Section 92.0563 of the Texas Property Code allows a judge to order the landlord to do any of the following: Take reasonable action to repair the problem.

Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. As EEOC works to address this issue, you can help. Learn more about what constitutes retaliation, why it happens, and how to prevent it.

If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: End the lease; Have the problem repaired and deduct the cost of the repair from your rent; or. File suit to force the landlord to make the repairs.

How often do landlords have to replace carpet in Texas? ›

IRS Publication 527 states that carpet in a residential rental property wears out after 5 years, at least for tax purposes, based on the general depreciation system.

(a) If the justice court enters judgment for the landlord in a residential eviction case based on nonpayment of rent, the court shall determine the amount of rent to be paid each rental pay period during the pendency of any appeal and shall note that amount in the judgment.

24.004. JURISDICTION; DISMISSAL. (a) Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits. Eviction suits include forcible entry and detainer and forcible detainer suits.

51.006. DEED-OF-TRUST FORECLOSURE AFTER DEED IN LIEU OF FORECLOSURE. (a) This section applies to a holder of a debt under a deed of trust who accepts from the debtor a deed conveying real property subject to the deed of trust in satisfaction of the debt.

Retaliatory actions are broadly defined to harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions.

Some examples of retaliation would be a termination or failure to hire, a demotion, a decrease in pay, a decrease in the number of hours that you've worked. The cause will be obvious things such as a reprimand, a warning or lowering of your evaluation scores.

In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm. Still, the right to file a suit does not mean the court will agree and award damages.

Under Texas law, criminal harassment occurs when “an act meant to annoy, torment, embarrass, abuse, alarm, or harass another person.” On the other hand, civil harassment is any action that causes “an injury to a person based on their protected status,” such as disability, sex, or religion.

How do I sue my landlord for unsafe living conditions in Texas? ›

First, notify your landlord or property manager about the issues and request action to be taken. This can be done in writing, preferably through certified mail for proof of notice. Once the landlord or property manager is notified, they should follow up with you and give you a timeline of what to expect.

Any of the following conduct could constitute unlawful retaliation: Denying an employee a promotion. Denying an employee a reasonable request for a transfer to a new position or more convenient location. Denying an employee a bonus or other benefit.

Penalties for Retaliation and Obstruction

At a minimum, retaliation and obstruction are considered felonies of the third degree in Texas. A third-degree felony conviction can be penalized with two to ten years in prison and a fine that may be as high as $10,000.

You can submit your complaint online with the Employment Discrimination Complaint Form. You can also submit your complaint by email, by postal mail or in person. Submit a complaint via email at EEOintake@twc.texas.gov. If you have questions, call: 512-463-2642 or 888-452-4778.

Of course, justice court has limitations — for example, the most you can sue for is $20,000. So, if you think the landlord owes you more than $20,000 you should file in a different kind of court and consider getting an attorney if your claim is worth that much.

In Texas, the statute of limitations for personal injury claims is two years, which means that you will have two years from the date of your accident to sue a negligent landlord.

Generally, a landlord has up to 4 to 6 years to sue for damages as long as they have proof of the damage incurred by the tenant and records of the cost of repairs.

What is a whistleblower's burden to prove retaliation under SOX? A whistleblower may meet this burden by proffering circ*mstantial evidence, such as: Direct evidence of retaliatory motive, i.e., “statements or acts that point toward a discriminatory motive for the adverse employment action.”[iii]

It is essentially aggression to get revenge on another person. A very primal example would be a wolf who bites another wolf in its pack. The second wolf bites the first wolf as a reaction to the bite and to retaliate for being bitten.

Subtle forms of retaliation can include: Transferring a worker to a less-desirable department. Transferring a worker to a less-desirable shift. Preventing the worker from attending meetings or events. Increasing an employee's workload.

What is Section 92.056 of the Texas Property Code? ›

Section 92.056 of the Texas Property Code requires a tenant to take several steps before the landlord is considered to be liable to them. A landlord's liability allows a tenant to to take certain actions like ending the lease or deducting the cost of repairs from the rent.

Rent withholding: The tenant stops paying rent and claims the mold makes the dwelling unlivable. Landlords in Texas must abide by the "implied warranty of habitability." This legal doctrine requires the landlord to provide a property in a livable condition.

Texas Landlord Tenant Laws are in place to establish laws and statutes governing the rental of residential properties. The statutes are set forth primarily in the Texas Property Code Title 8, Chapter 92. Additional statutes are found in other chapters, such as in Chapter 24, which discusses eviction actions.

No state law requires landlords to repaint a rental unit in between tenants. Some local (city or county) ordinances might require landlords to repaint under certain circ*mstances.

The verdict. Based on these, it is the landlord's responsibility to clean the carpets in a rental, as long as the rug only suffers from normal wear-and-tear. However, if the damage is deemed to be the result of a tenant's negligence, the tenant must pay for the cleaning of the carpet.

For most problems, landlords are required to have the problem fixed, or at least make a diligent effort toward doing so, within seven days of being notified of it. However, in situations that involve a lack of heating, air conditioning, or water, the landlord only has three days to fix the issue.

If the property management company fails to maintain the property or respond to tenant complaints, causing damage or injury to the property or tenants, the property owner can sue a property management company for negligence.

Code of Ethics Violations. Common real estate ethics complaints can include: Not acting in the best interests of clients. Revealing private or confidential information. Advertising a listed property without disclosing their Realtor status.

No written lease

If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave. When there is a verbal agreement but no written lease, whatever terms specified verbally must still be honored.

Section 92.109 - Liability of Landlord (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.

What is Section 92.104 of the Texas Property Code? ›

Section 92.104 - Retention of Security Deposit; Accounting (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.

Sec. 92.008. INTERRUPTION OF UTILITIES. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.

§ 51.001. EFFECT ON OTHER LIENS. Except as provided by Chapter 59, this subtitle does not affect: (1) the right to create a lien by special contract or agreement; or (2) a lien that is not treated in this subtitle, including a lien arising under common law, in equity, or under another statute of this state.

(d) Any money received by a lender from a private mortgage guaranty insurer shall be credited to the account of the borrower before the lender brings an action at law for any deficiency owed by the borrower.

93.003. COMMERCIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (a) If a landlord has locked a tenant out of leased premises in violation of Section 93.002, the tenant may recover possession of the premises as provided by this section.

Section 92.156 - Rekeying or Change of Security Devices (a) Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date.

91.004. LANDLORD'S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.

In court, the attorney is the one who addresses the judge, and the property owner and property manager typically do not speak unless called upon by the judge. It's best to have an attorney available to handle evictions and legal matters related to managing a residential property.

An employer may not fire, demote, harass or otherwise retaliate against an individual for submitting a complaint of discrimination, participating in a discrimination proceeding or otherwise opposing discrimination.

What are three actions that constitute retaliation? ›

After receiving notice, in the event your Landlord 1) fails to repair a condition which materially affects your physical health and safety or 2) fails to return your security deposit within 30 days from your departure of the property AND fails to give you an itemized accounting for deductions, then the next step is to ...

You can sue for intentional infliction of emotional distress if you can prove that there was intentional conduct involved. This is often the case in “road rage” cases that lead to bodily injury.

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

Texas courts have held that a landlord may not enter your home unless you allow the entry or the lease gives the landlord specific reasons to enter.

The Texas Real Estate Commission (TREC) is a regulatory body in Texas that oversees, among other things, residential property management. Property managers of single-family homes in Texas are usually required to have a broker's license.

Retaliation harassment in the workplace refers to unlawful prejudice when an employment agency, employer, or labor association takes damaging action against an individual, applicant, or another involved person for engaging in a protected action.

What activity is protected by the prohibition against retaliation? An individual engages in protected activity when they: (1) oppose a practice they consider to be discriminatory; (2) participate in an employment discrimination proceeding; or (3) engage in other protected EEO activity.