TEXAS PROPERTY CODE TITLE 8. LANDLORD AND TENANT CHAPTER 92. RESIDENTIAL TENANCIES SUBCHAPTER H. RETALIATION § 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; 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 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, § 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(a) and amended by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1, 1996. § 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. § 92.333. TENANT REMEDIES. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. 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. 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(d) and amended by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1, 1996. § 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. § 92.335. EVICTION SUITS. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. Acts 1983, 68th Leg., p. 3638, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, § 11, eff. Aug. 28, 1989. Renumbered from V.T.C.A., Property Code § 92.059 and amended by Acts 1995, 74th Leg., ch. 869, § 5, eff. Jan. 1, 1996.