Some tenants fear that their landlord will punish them if they complain about problems with their apartment. This kind of punishment is called "retaliation." Section 92.331 of the Texas Property Code describesunlawfullandlord retaliation, noting:
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;
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(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.
Under this law, a landlord may not retaliate by:
- Filing eviction proceedings (unless in certain circ*mstances listed in Section 92.332, like when a tenant is behind in rent, has intentionally damaged the property, or remains in the property after their lease has ended);
- Depriving the tenant of use of the premises;
- Decreasing services to the tenant;
- Raising the rent or ending the lease; or
- "[E]ngaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease."
Section 92.333 goes on to describe what remedies a tenant may pursue, including, "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."
I've delved into real estate law, particularly the Texas Property Code, Section 92.331, which addresses unlawful landlord retaliation. This section is crucial in protecting tenants from repercussions when they exercise their rights or report issues within their rented property. It's a vital piece of legislation that shields tenants from retaliatory actions that landlords might take when tenants act within their rights.
The key facets of this law revolve around safeguarding tenants who, in good faith, exercise their rights granted by the lease, municipal ordinance, or federal/state statutes. Additionally, tenants are protected when they notify landlords about necessary repairs, complaints to governing bodies regarding building or housing code violations, and when they participate in or establish tenant organizations.
The law explicitly lists actions landlords cannot take in retaliation, such as filing unwarranted eviction proceedings, depriving tenants of premises' use, reducing services, hiking rent, or terminating leases without proper cause. Moreover, it prohibits landlords from engaging in bad-faith conduct that substantially interferes with a tenant's rights under the lease.
Section 92.333 outlines the remedies available to tenants who face retaliation, including seeking a civil penalty equivalent to one month's rent plus $500, actual damages, court costs, reasonable attorney's fees, recovery of property damages, moving costs, expenses, civil penalties, or declaratory/injunctive relief. This section provides tenants with a recourse avenue to address any violations and obtain appropriate compensation or relief.
Understanding these sections of the Texas Property Code is crucial for tenants to assert their rights confidently without fear of reprisal from landlords. It's a legal safeguard ensuring fair and habitable living conditions, protecting tenants from undue harm or retaliation when exercising their rights as renters.
