Texas Property Code

§ 94.253 — NONRETALIATION

PR § 94.253Title 8. LANDLORD AND TENANT · Ch. 94. MANUFACTURED HOME TENANCIES · Art. F. PROHIBITED ACTS

Statute text

(a)A 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 94.159, 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 manufactured home community.

(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 or other amounts due under the lease that in the aggregate equal the amount of at least one month's 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

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.