Learn how to handle landlord retaliation if you are a tenant in Texas. Landlords are not allowed to take actions such as eviction, denying use of the premises, or reducing services in response to a tenant's protected actions, like requesting repairs or filing a complaint. But landlords can evict tenants for breaking the lease or not paying rent. If you think your landlord is retaliating, try talking to them and sending a letter to ask them to stop. If this doesn't work, seek legal help.
Retaliation is when your landlord wrongfully acts against you for doing something that you had the right to do. If a landlord ends your lease after you complain about something, for example, this could be retaliation. It is important to know your rights because retaliation is often illegal.
According to Texas Property Code 92.331, a landlord may not retaliate against you for any of the following actions:
Note: Actions you take as a tenant must be in good faith. This means that you must be honest. Do not make up a false violation just to get your landlord in trouble.
After you perform any protected action, such as asking for repairs, Texas Property Code 92.331 kicks in. This statute protects you for six months. During these six months, there is a presumption that the landlord cannot do any of the following:
Presumption: The "presumption" means that a court will assume the law prohibits the landlord from taking these actions unless the landlord shows otherwise.
Yes. If your landlord can prove that they did not retaliate against you, your landlord will not be liable for violating the six-month protection period. Generally, if your landlord is acting according to the terms of the contract, they will not be liable. If your landlord is treating other tenants similarly, your landlord will likely not be liable either.
For example: Your landlord sends out a notice to the entire apartment complex that rent will increase by $25 next year. This would not be retaliation because your landlord is treating each person the same way.
The protection period starts when you take the action that your landlord does not like. The protection period does not affect anything your landlord has done prior to your action.
For example: Your landlord notified you one month ago that your lease was not going to be renewed. Two weeks after you received that notice, you file a request for repairs. In this situation, you would not be protected against the landlord ending your lease. This is because your landlord ended your lease before you asked for repairs.
Yes. Your landlord can still evict you under certain conditions, including for any reason set out in law or in your lease. For example, your landlord can still evict you for nonpayment of rent, illegal activity, or damaging the property.
Yes. Here is an example: You spot mold in your apartment. You notify your landlord that you want it taken care of. This begins a period of six-months where your landlord cannot retaliate against you. One month later you get a dog, which violates your lease. Your landlord then evicts you for violating your lease.
In this situation, your landlord could prove that they did not retaliate against you. Instead, your behavior violated the terms of your lease. This lease violation would be a valid reason for your landlord to evict you.
Tell them to stop.
If your landlord retaliates against you, first try talking to them. Talking may solve the problem without any further issues. You can also use this letter from the Texas Low-Income Housing Information Service to demand that your landlord cease retaliation. This form asks that your landlord stop any further retaliation.
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.
Yes. If a court decides your landlord has retaliated against you, there may be a penalty. You may be entitled to the following:
Yes. You should be careful not to file a lawsuit based on something that you know is false. Under Texas Property Code 92.334, if you knowingly file a false lawsuit based on a housing code violation, your landlord might be entitled to:
If an inspector comes to your home and does not find the problem you mentioned in your lawsuit, that can be evidence that you acted in bad faith.
The bottom line: Never file a lawsuit based on something that you know is false. If there is no housing code violation, do not claim that there is one.
Texas Property Code 94.251 through 94.255 gives you the same protections against retaliation that you would have if you lived in a traditional rental home. This means that you have the same six-month protection period. You also are entitled to the same compensation if your landlord violates the law. Everything in this article applies to you.
Note: Recreational vehicles are generally not considered homes and may not have the same protections.
Yes. Document and date any actions that you take. Document and date any actions that your landlord takes as well. This can be extremely helpful later on. Being able to point to a specific date when something actually took place will save you a headache in the future. Always make copies for your records and make sure that you date every document as well.
No, even if your landlord is being unreasonable. Never try to take matters into your own hands. At best, it could worsen the situation between you and your landlord. It could also end up with you being evicted and owing fines.
Try to talk with your landlord first. If that doesn’t work, consider involving the court system by filing a lawsuit.
No. Withholding rent is almost always a bad idea. Withholding rent is only allowed in certain, very specific situations, and usually only after getting a court's permission. Just as with any other type of self-help remedy, you might end up facing eviction or having to pay fines.
No. This would not be retaliation. However, a landlord cannot discriminate against you due to COVID-19. A landlord cannot evict you or force you to move out because you have COVID-19. Read Rights for Tenants with Health Issues for more information on tenant rights relating to COVID-19 and other health problems.
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