Tex. Codes » Property Code · TITLE 8. LANDLORD AND TENANT · CHAPTER 92. RESIDENTIAL TENANCIES
Texas Codes

Tex. Prop. Code § 92.332 (2026)

Nonretaliation

✓ current as of May 2026
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Sec. 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, 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(b), (c) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2013–2025 · leading case: Alejandro Hernandez & Edith Roman v. Enrique Gallardo, 458 S.W.3d 544 (Tex. App. 2014).
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Alejandro Hernandez & Edith Roman v. Enrique Gallardo, 458 S.W.3d 544 (Tex. App. 2014). “Tex.Prop. Code Ann. § 92.332(b)(l)(West 2007).”
Reginald Darrel Taylor v. Lynn Realty Mgmt., LLC (Tex. App. 2025). · cites it 2× “TEX. PROP. CODE ANN. § 92.332(b)(1). Justin Lynn, part owner of LRM, testified that Taylor did not pay rent for May 2024.”
Gloria Allen-Mercer v. Roscoe Props., as Managing Agent for Connection Apts. (Tex. App. 2016). “” See Tex. Prop. Code § 92.332(b) (eviction or lease termination based on delinquent rent does not constitute retaliation).”
Shaneka Busby Baker v. Forrest Reggie Carr (Tex. App. 2017). “TEX. PROP. CODE ANN. § 92.332(b)(5). It is undisputed here that Landlord gave notice of non-renewal of the lease on April 15, 2015, that the lease term ended October 31, 2015, that Baker did not sue Landlord alleging retaliation until July 2015, and that Baker held over and did…”
Linda S. Nowlin v. Lori Keaton (Tex. App. 2019). “” See TEX. PROP. CODE ANN. § 92.332(b)(1). However, as previously addressed, in the instant case, the jury heard evidence that Keaton was not delinquent in her rent at the time Nowlin served the September 4, 2014 notice to vacate; in fact, it heard evidence that Keaton had…”
Felicia Brown v. Elysium Grand Apts. (Tex. App. 2023). “TEX. PROP. CODE ANN. § 92.332(b). Because we have already concluded Elysium met its burden to prove rightful possession to the apartment due to Brown’s failure to pay rent, Elysium as a matter of law did not retaliate against Brown by filing its lawsuit for eviction.”
John Hurt & Leslea Hurt v. Amalendu Goswami & Harsha Goswami (Tex. App. 2024). “See TEX. PROP. CODE ANN. § 92.332(b)(3). The Goswamis argued the eviction action was based on material breaches of the lease including the Hurts’ refusal to allow the Goswamis’ authorized agents access to the property to make repairs.”
Samuel Kadyebo v. Centennial Court (Tex. App. 2024). “See TEX. PROP. CODE § 92.332(b)(1). Centennial Court argued that Kadyebo admitted in his pleadings that he failed to pay rent in November 2022, December 2022, and January 2023.”
Payne v. City of San Antonio, Texas (W.D. Tex. 2021). “” Tex. Prop. Code § 92.332(b)(2). By Plaintiffs’ own allegations, Mr.”
Judith Holmes v. Shirley Al Jaafreh (Tex. App. 2013). “See TEX. PROP. CODE ANN. § 92.332(b)(5) (West 2007) (providing that an eviction or lease termination does not constitute retaliation if “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…”
— Tex. Prop. Code § 92.332(b) — 2 cases
Gloria Allen-Mercer v. Roscoe Props., as Managing Agent for Connection Apts. (Tex. App. 2016). “” See Tex. Prop. Code § 92.332(b) (eviction or lease termination based on delinquent rent does not constitute retaliation).”
Felicia Brown v. Elysium Grand Apts. (Tex. App. 2023). “TEX. PROP. CODE ANN. § 92.332(b). Because we have already concluded Elysium met its burden to prove rightful possession to the apartment due to Brown’s failure to pay rent, Elysium as a matter of law did not retaliate against Brown by filing its lawsuit for eviction.”
— Tex. Prop. Code § 92.332(b)(1) — 3 cases
Reginald Darrel Taylor v. Lynn Realty Mgmt., LLC (Tex. App. 2025). “TEX. PROP. CODE ANN. § 92.332(b)(1). Justin Lynn, part owner of LRM, testified that Taylor did not pay rent for May 2024.”
Linda S. Nowlin v. Lori Keaton (Tex. App. 2019). “” See TEX. PROP. CODE ANN. § 92.332(b)(1). However, as previously addressed, in the instant case, the jury heard evidence that Keaton was not delinquent in her rent at the time Nowlin served the September 4, 2014 notice to vacate; in fact, it heard evidence that Keaton had…”
Samuel Kadyebo v. Centennial Court (Tex. App. 2024). “See TEX. PROP. CODE § 92.332(b)(1). Centennial Court argued that Kadyebo admitted in his pleadings that he failed to pay rent in November 2022, December 2022, and January 2023.”
— Tex. Prop. Code § 92.332(b)(2) — 1 case
Payne v. City of San Antonio, Texas (W.D. Tex. 2021). “” Tex. Prop. Code § 92.332(b)(2). By Plaintiffs’ own allegations, Mr.”
— Tex. Prop. Code § 92.332(b)(3) — 1 case
John Hurt & Leslea Hurt v. Amalendu Goswami & Harsha Goswami (Tex. App. 2024). “See TEX. PROP. CODE ANN. § 92.332(b)(3). The Goswamis argued the eviction action was based on material breaches of the lease including the Hurts’ refusal to allow the Goswamis’ authorized agents access to the property to make repairs.”
— Tex. Prop. Code § 92.332(b)(5) — 2 cases
Shaneka Busby Baker v. Forrest Reggie Carr (Tex. App. 2017). “TEX. PROP. CODE ANN. § 92.332(b)(5). It is undisputed here that Landlord gave notice of non-renewal of the lease on April 15, 2015, that the lease term ended October 31, 2015, that Baker did not sue Landlord alleging retaliation until July 2015, and that Baker held over and did…”
Judith Holmes v. Shirley Al Jaafreh (Tex. App. 2013). “See TEX. PROP. CODE ANN. § 92.332(b)(5) (West 2007) (providing that an eviction or lease termination does not constitute retaliation if “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…”
— Tex. Prop. Code § 92.332(b)(l) — 1 case
Alejandro Hernandez & Edith Roman v. Enrique Gallardo, 458 S.W.3d 544 (Tex. App. 2014). “Tex.Prop. Code Ann. § 92.332(b)(l)(West 2007).”
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