Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.332
NONRETALIATION.
Operative Text
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.
Section 92.332 of the Texas Property Code defines circumstances under which a landlord's actions — such as raising rent, reducing services, or pursuing eviction — do not legally constitute retaliation against a tenant. The provision carves out specific situations, including rent increases tied to written lease escalation clauses and evictions based on tenant misconduct, delinquency, or holdover status, that are treated as valid independent grounds for landlord action. Even if a tenant has recently exercised a legal right, these enumerated circumstances can shield a landlord from a retaliation claim under this subchapter.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.332, operators who document legitimate, non-retaliatory reasons for rent increases, service changes, or eviction actions are generally in a stronger position to rebut retaliation claims. Compliant operators typically maintain written records showing that any rent increase flows from a lease escalation clause tied to utilities, taxes, or insurance, or that an eviction is grounded in tenant delinquency, material lease breach, property damage, safety threats, or holdover status. Keeping contemporaneous documentation of the specific factual basis for each adverse action is a common practice among property managers seeking to demonstrate that their conduct falls within the safe harbors described in § 92.332.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.332 of the Texas Property Code outlines the limits of retaliation protections — meaning that even if a tenant has recently exercised a legal right, a landlord may still lawfully raise rent, reduce services, or pursue eviction if the action fits one of the enumerated exceptions, such as genuine rent delinquency or a material lease breach. Tenants who believe an eviction or rent increase is retaliatory despite a landlord's stated justification may have grounds to raise retaliation as a defense in an eviction proceeding under this subchapter. Tenant-rights organizations and legal aid services can help tenants understand how § 92.332's exceptions interact with the broader retaliation protections found in the surrounding provisions of the Texas Property Code.
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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