Texas Codes

Tex. Prop. Code § 92.335 (2026)

Eviction Suits

✓ current as of May 2026

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Sec. 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, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 11, eff. Aug. 28, 1989. Renumbered from Property Code Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.

SUBCHAPTER I. RENTAL APPLICATION

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2011–2024 · leading case: the Hous. Auth. of the City of Dallas Texas v. Kimberly Nelson,et Al (Tex. App. 2015).

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the Hous. Auth. of the City of Dallas Texas v. Kimberly Nelson,et Al (Tex. App. 2015). · cites it 2× “See TEX. PROP. CODE ANN. § 92.331(a) (West 2014) (retaliation by landlord); see also TEX.”

Gloria Allen-Mercer v. Roscoe Props., as Managing Agent for Connection Apts. (Tex. App. 2016). “”), and that, in reality, Connection was retaliating against her for exercising “her rights under the law and the lease by making legitimate complaints regarding the noise of her neighbors,” see Tex. Prop. Code § 92.335 (retaliation under section 92.”

Brittany Retledge & Arnold Lamotte, Jr. v. Misty Santana (Tex. App. 2021). “See TEX. PROP. CODE § 92.335 (in eviction suit, tenant may plead retaliation as defense to nonpayment of rent, but tenant may not assert affirmative claim for retaliation); TEX.”

Cynthia v. Bolinger v. Maria Guadalupe Contreras (Tex. App. 2021). “See TEX. PROP. CODE ANN. § 92.335; TEX. R. CIV.”

Pamela Jimison v. MAEDC-Hulen Bend Senior Cmty., L.P. (Tex. App. 2024). “”); see also Tex. Prop. Code Ann. § 92.335 (providing that while “retaliation by the landlord under Section 92.”

Patricia Martin v. Gregg Brinkley & Sarah Brinkley (Tex. App. 2015). “See TEX. PROP. CODE ANN. § 92.335 (West 2014) (although retaliation is a defense available to the tenant in an eviction suit, “[o]ther judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit”).”

Geneva Colbert v. Langwick Senior Residences (Tex. App. 2011). “See Tex. Prop. Code § 92.335. Among other prohibitions, section 92.”

Charles McElroy v. Teague Hous. Auth. (Tex. App. 2012). “335 (West 2007); (3) evidence objections, only one of which was made in the county court (a hearsay objection to a document that was proved up and admitted as a business record); (4) the Authority’s refusal to accept McElroy’s second cat as an “assistance animal;” (5) the county…”

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