Texas Property Code

§ 92.332 — NONRETALIATION

PR § 92.332Title 8. LANDLORD AND TENANT · Ch. 92. RESIDENTIAL TENANCIES · Art. H. RETALIATION

Statute text

(a)The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for:

(1)increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or

(2)increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project.

(b)An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation:

(1)the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action;

(2)the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant;

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Legislative history

Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.