What is landlord retaliation?

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 describes unlawful landlord 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

    (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.

What is prohibited?

Under this law, a landlord may not retaliate by:

• filing eviction proceedings (unless in certain circumstances 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."

What remedies does a tenant have?

Section 92.333 says a tenant may recover the following from a landlord:

• a civil penalty of one month's rent plus $500;
• actual damages;
• court costs; and
• reasonable attorney's fees.

The statute has more details about the types of suits a tenant could file. It also says that the court will subtract delinquent rents or other debts the tenant owes.

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