Texas Property Code - Section 92.334. Invalid Complaints
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§ 92.334. INVALID COMPLAINTS. (a) If a tenant files or
prosecutes a suit for retaliatory action based on a complaint
asserted under Section 92.331(a)(3), and the government building or
housing inspector or utility company representative visits the
premises and determines in writing that a violation of a building or
housing code does not exist or that a utility problem does not
exist, there is a rebuttable presumption that the tenant acted in
bad faith.
(b) If a tenant files or prosecutes a suit under this
subchapter in bad faith, the landlord may recover possession of the
dwelling unit and may recover from the tenant a civil penalty of one
month's rent plus $500, court costs, and reasonable attorney's
fees. If the tenant's rent payment to the landlord is subsidized in
whole or in part by a governmental entity, the civil penalty granted
under this section shall reflect the fair market rent of the
dwelling plus $500.
Added by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1, 1996.
Section: 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 93.001 93.002
Last modified: August 11, 2007
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