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Your Legal Protection

Retaliation Protection

Texas law protects tenants from landlord retaliation. Learn what's protected, how long protection lasts, and what to do if retaliation occurs.

Joining a tenant association is a legally protected activity under Texas Property Code §92.331

What Counts as Retaliation?

Under Texas Property Code §92.331, a landlord may NOT retaliate against you for exercising your legal rights. Retaliation includes:

Filing a complaint with a government agency
Complaining to the landlord about repairs
Joining or organizing a tenant association
Exercising rights under the lease
Reporting code violations
Testifying against the landlord

What Does Retaliation Look Like?

The law presumes retaliation if, within 6 months of your protected activity, the landlord:

Files an eviction lawsuit
Deprives you of use of the premises (locks changed, utilities cut)
Decreases services (stops repairs, removes amenities)
Increases rent beyond normal market increases
Refuses to renew your lease
Terminates your lease

The 6-Month Protection Window

Key Point: If the landlord takes negative action within 6 months of your protected activity, the law presumes it's retaliation.

This means the landlord must prove they had a legitimate, non-retaliatory reason. The burden of proof shifts to them, not you.

Timeline Example:

Jan 15
You report a mold problem in writing
Feb 1
You join the tenant association
Mar 10
Landlord sends non-renewal notice
Protected
Within 6 months - presumed retaliation

If You Experience Retaliation

1

Document Everything

Keep records of your protected activity and the landlord's response. Save all communications.

2

Note the Timeline

Record the exact dates of your protected activity and when retaliation occurred.

3

Contact the Association

Report the incident to us. We can help connect you with legal resources.

4

Seek Legal Help

Contact Texas RioGrande Legal Aid at (888) 529-5277 for free legal assistance.

Your Legal Remedies

If retaliation is proven, you may be entitled to:

Actual Damages

Compensation for any losses you suffered

One Month's Rent + $500

Statutory penalty for retaliation

Attorney's Fees

Landlord may have to pay your legal costs

Civil Penalty

Up to $1,000 for bad faith retaliation

Common Questions

Will joining the association get me evicted?

No. Joining a tenant organization is specifically protected under Texas law. Any eviction filed in retaliation would be presumed illegal if within 6 months of joining.

What if my lease is month-to-month?

The 6-month protection still applies. A non-renewal given within 6 months of protected activity is presumed retaliatory.

Can they raise my rent as retaliation?

An unusual rent increase within 6 months of protected activity may be considered retaliation. Normal market-rate increases at lease renewal are generally acceptable.

Legal Reference: Texas Property Code Chapter 92, Subchapter H (§92.331-92.335) - Retaliation. This information is for educational purposes. For legal advice about your specific situation, consult an attorney.

You're Protected When You Join

Don't let fear of retaliation stop you from exercising your rights. Texas law is on your side.