Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.058
LANDLORD REMEDY FOR TENANT VIOLATION.
Operative Text
Sec. 92.058. LANDLORD REMEDY FOR TENANT VIOLATION. (a) If the tenant withholds rents, 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 (1) the illegality of the tenant's rent withholding or the tenant's proposed repair and (2) 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. Acts 1983, 68th Leg., p. 3638, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 10, eff. Aug. 28, 1989.
Under Texas Property Code § 92.058, when a tenant withholds rent, arranges repairs, or deducts repair costs in a way that violates the relevant subchapter, the landlord is permitted to seek recovery of actual damages. If the landlord has first provided written notice of the specific illegality and the applicable penalties, and the tenant then continues the conduct in bad faith, the landlord may also pursue a civil penalty equal to one month's rent plus $500. In any litigation over a bad-faith violation, the prevailing party is entitled to recover reasonable attorney's fees from the losing party.
Plain English — not legal advice.
Under § 92.058, operators who believe a tenant is improperly withholding rent or making unauthorized repair deductions generally document the situation carefully and deliver written notice—in person, by mail, or to the premises—that identifies the specific illegality and the statutory penalties before pursuing the enhanced civil penalty. Establishing the bad-faith standard requires clear and convincing evidence, so maintaining thorough records of all written communications and the tenant's subsequent conduct is a practice commonly associated with successful claims. The burden of proof under § 92.058 rests entirely on the landlord, making contemporaneous documentation of notice and tenant behavior especially important.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.058 of the Texas Property Code sets out the conditions under which a landlord may seek damages or a civil penalty against a tenant for rent withholding or repair deductions that fall outside the bounds of the subchapter. Tenants should be aware that the landlord must prove by clear and convincing evidence both that proper written notice was given and that any violation was made in bad faith—a meaningful legal threshold. Tenants who receive a written notice under § 92.058 or who face a related claim may benefit from reviewing the full subchapter, consulting a tenant-rights organization, or seeking independent legal guidance to understand whether the underlying conduct was actually permitted under the statute.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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