Texas Codes

Tex. Prop. Code § 92.331 (2026)

Retaliation By Landlord

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 28 cases (9 in the last 5 years), 2008–2025 · leading case: Chavez v. Aber, 122 F. Supp. 3d 581 (W.D. Tex. 2015).

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Chavez v. Aber, 122 F. Supp. 3d 581 (W.D. Tex. 2015). · cites it 4× “Plaintiffs sufficiently pleaded a claim for retaliation under Texas Property Code § 92.331 Defendants argue that because “no executed lease existed between the parties after 2010 .”

Haddix v. Am. Zurich Ins. Co., 253 S.W.3d 339 (Tex. App. 2008). “Tex. PROp.Code Ann. § 92.331 (Vernon 2007) prohibits retaliation by a landlord against a tenant for exercising, in good faith, a right granted to the tenant by state law.”

Barnes v. Stone Way Ltd. P'ship, 330 S.W.3d 925 (Tex. App. 2011). “Barnes also contends that Stone Way retaliated against her in violation of chapter 92 of the Texas Property Code, which prohibits retaliation by a landlord against a tenant and provides that retaliation is an absolute defense in a suit for eviction.”

Alejandro Hernandez & Edith Roman v. Enrique Gallardo, 458 S.W.3d 544 (Tex. App. 2014). “Tex.Prop.Code Ann. § 92.331 (West Supp. 2014).”

Linda S. Nowlin v. Lori Keaton (Tex. App. 2019). · cites it 3× “v. Smith, No. 04-10-00759-CV, 2011 WL 3627699 , at *2 (Tex.”

Holly Brooke Schaumleffel v. GS/TPRF III Houston Med. CTR., LP (Tex. App. 2019). · cites it 3× “See TEX. PROP. CODE § 92.331 (prohibiting retaliation by landlord for certain acts taken by residential tenants); id.”

in Re: Richard Kirby & Julie Kirby (Tex. App. 2021). · cites it 2× “See TEX. PROP. CODE ANN. § 92.331 (West 2014) (retaliation by landlord).”

the Hous. Auth. of the City of Dallas Texas v. Kimberly Nelson,et Al (Tex. App. 2015). · cites it 3× “In the de novo appeal to the trial court, Nelson alleged that DHA retaliated against her in violation of the Texas Property Code. See TEX. PROP. CODE ANN.”

Joan H. Hughes v. Armadillo Props. for Lina Roberts (Tex. App. 2016). “See Tex. Prop. Code § 92.331 (addressing retaliation by landlord); College Station Terrace Pines Apts.”

Wingrove Robinson v. Raintree Tower Apts. (Tex. App. 2016). “See generally Tex. Prop. Code Ann. § 92.331 (a)(1) (West 2014).”

Shaneka Busby Baker v. Forrest Reggie Carr (Tex. App. 2017). “See TEX. PROP. CODE ANN. § 92.331 (West 2014) (stating landlord may not retaliate against tenant by taking certain actions).”

Stephanie Ingram v. Alberto Barragan (Tex. Crim. App. 2018). “TEX. PROP. CODE ANN. § 92.331 (West 2014).”

Show all 28 citing cases →

— Tex. Prop. Code § 92.331(a) — 2 cases

Linda S. Nowlin v. Lori Keaton (Tex. App. 2019). “v. Smith, No. 04-10-00759-CV, 2011 WL 3627699 , at *2 (Tex.”

the Hous. Auth. of the City of Dallas Texas v. Kimberly Nelson,et Al (Tex. App. 2015). “In the de novo appeal to the trial court, Nelson alleged that DHA retaliated against her in violation of the Texas Property Code. See TEX. PROP. CODE ANN.”

— Tex. Prop. Code § 92.331(a)(1) — 2 cases

Chavez v. Aber, 122 F. Supp. 3d 581 (W.D. Tex. 2015). “Plaintiffs sufficiently pleaded a claim for retaliation under Texas Property Code § 92.331 Defendants argue that because “no executed lease existed between the parties after 2010 .”

Adam McNitt v. Lakeline Crossing Phase 2 LP & AVBH Lakeline Crossing, LLC (Tex. App. 2025).

— Tex. Prop. Code § 92.331(b) — 1 case

Holly Brooke Schaumleffel v. GS/TPRF III Houston Med. CTR., LP (Tex. App. 2019). “See TEX. PROP. CODE § 92.331 (prohibiting retaliation by landlord for certain acts taken by residential tenants); id.”

— Tex. Prop. Code § 92.331(b)(1) — 2 cases

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