My landlord is retaliating against me in Texas

What the law says

Texas protects tenants who use their rights. Section 92.331(a) of the Texas Property Code begins:

“A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:”

Section 92.331(a) of the Texas Property Code lists four protected acts. The tenant in good faith uses or tries to use a right or remedy under the lease, a municipal ordinance, or a federal or state statute. The tenant gives the landlord a notice to repair or to exercise a remedy under chapter 92. The tenant complains to a government body that enforces building or housing codes, a public utility, or a civic or nonprofit agency, about a code violation or utility problem the tenant believes in good faith is real. Or the tenant starts, tries to start, or takes part in a tenant organization.

The protection lasts six months. Under section 92.331(b) of the Texas Property Code, within six months after the tenant’s protected act, a landlord may not retaliate by filing an eviction, except on the grounds in section 92.332; depriving the tenant of the use of the home, except for reasons the law allows; decreasing services; increasing the rent or ending the lease; or engaging in bad faith in conduct that materially interferes with the tenant’s rights under the lease.

Retaliation costs the landlord. Under section 92.333 of the Texas Property Code, a tenant can recover a civil penalty of one month’s rent plus $500, actual damages, court costs and reasonable attorney’s fees, less any rent or other sums the tenant owes the landlord. If a government body pays some or all of the rent, the penalty under section 92.333 is the fair market rent plus $500.

Retaliation also works as a shield. Section 92.335 of the Texas Property Code says:

“In an eviction suit, retaliation by the landlord under Section 92.331 is a defense”

The same section 92.335 of the Texas Property Code says other claims under chapter 92 may not be joined to an eviction suit or raised in it as a defense or crossclaim.

What changes the answer

Unpaid rent. Under section 92.332(b) of the Texas Property Code, an eviction or lease termination is never retaliation if the tenant was behind on rent when the landlord gave notice to vacate or filed the eviction.

Other valid grounds. Section 92.332(b) of the Texas Property Code lists more: intentional damage to the property, or threats to the safety of the landlord, staff or another tenant, by the tenant, family or guests; a material breach of the lease, such as breaking written rules against serious misconduct or criminal acts; and certain cases where the tenant stays on after a notice to end the tenancy.

The reason behind the landlord’s action. Under section 92.332(a) of the Texas Property Code, the landlord is not liable if the landlord proves the action was not taken to retaliate. Nor is the landlord liable, unless the action breaks an earlier court order under section 92.0563, for a rent increase under an escalation clause in a written lease for utilities, taxes or insurance, or for increases or service cuts applied across a whole multidwelling project.

What an inspector finds. Under section 92.334(a) of the Texas Property Code, if a tenant’s claim rests on a complaint to a code authority or utility, and the inspector or utility representative visits and finds in writing that no violation or utility problem exists, the law presumes the tenant acted in bad faith, unless the tenant shows otherwise.

A claim brought in bad faith. Under section 92.334(b) of the Texas Property Code, a tenant who sues in bad faith can lose the home and owe the landlord one month’s rent plus $500, court costs and reasonable attorney’s fees.

Timing. The bar in section 92.331(b) of the Texas Property Code covers actions within six months of the tenant’s protected act; the section’s text does not extend the bar past that period.