Texas Property Code - Section 92.332. Nonretaliation
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§ 92.332. NONRETALIATION. (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;
(3) the tenant has materially breached the lease,
other than by holding over, by an action such as violating written
lease provisions prohibiting serious misconduct or criminal acts,
except as provided by this section;
(4) the tenant holds over after giving notice of
termination or intent to vacate;
(5) the tenant holds over after the landlord gives
notice of termination at the end of the rental term and the tenant
does not take action under Section 92.331 until after the landlord
gives notice of termination; or
(6) the tenant holds over and the landlord's notice of
termination is motivated by a good faith belief that the tenant, a
member of the tenant's family, or a guest or invitee of the tenant
might:
(A) adversely affect the quiet enjoyment by other
tenants or neighbors;
(B) materially affect the health or safety of the
landlord, other tenants, or neighbors; or
(C) damage the property of the landlord, other
tenants, or neighbors.
Acts 1983, 68th Leg., p. 3637, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 650, § 9, eff. Aug. 28,
1989; Acts 1993, 73rd Leg., ch. 48, § 16, eff. Sept. 1, 1993.
Redesignated from V.T.C.A., Property Code § 92.057(b), (c) and
amended by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1, 1996.
Section: 92.259 92.260 92.261 92.2611 92.262 92.301 92.331 92.332 92.333 92.334 92.335 92.351 92.352 92.353 92.354
Last modified: August 11, 2007
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