Sec. 94.251. RETALIATION BY LANDLORD    


Latest version.
  • (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 the lease agreement, a municipal ordinance, or a federal or state statute;

    (2) gives the landlord a notice to repair or exercise a remedy under this chapter; or

    (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.

    (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 Subchapter E;

    (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;

    (5) terminating the tenant's lease agreement; or

    (6) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease agreement.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.