Tex. Prop. Code § 94.160 · Subchapter D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS
LANDLORD REMEDY FOR TENANT VIOLATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. If, after a landlord has notified a tenant in writing of the illegality of the tenant's rent withholding or the tenant's proposed repair and the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500.
(b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises.
(c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.94.htm
- Text hash
- sha256 bf1c303a802c8729f4bd647d71a7627318bc72f755db5b25c4b9a7aa45c015a6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.