Sec. 92.331. RETALIATION BY LANDLORD. (a) 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.
(b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by:
(1) filing an eviction proceeding, except for the grounds stated by Section 92.332;
(2) depriving the tenant of the use of the premises, except for reasons authorized by law;
(3) decreasing services to the tenant;
(4) increasing the tenant's rent or terminating the tenant's lease; or
(5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease.
Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(a) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 588 (S.B. 630), Sec. 2, eff. January 1, 2014.
Section: Previous 92.261 92.2611 92.262 92.263 92.264 92.301 92.302 92.331 92.332 92.333 92.334 92.335 92.351 92.3515 92.352 NextLast modified: September 28, 2016