Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.334

INVALID COMPLAINTS.

In Force
Verified 10/28/2026 · Next check 11/4/2026
effective 1/1/1996TexasRetaliation Protections

Operative Text

Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.334
Sec. 92.334. INVALID COMPLAINTS. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith.(b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. Added by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
Source: Legislative text reproduced verbatim
Plain English

Texas Property Code § 92.334 addresses situations where a tenant files a retaliation lawsuit based on a complaint about a building, housing, or utility code violation, but an official inspector or utility representative subsequently determines in writing that no such violation exists. When that happens, the law creates a rebuttable presumption — meaning it is assumed, unless disproven — that the tenant acted in bad faith. If a court finds that a tenant pursued such a suit in bad faith, the landlord becomes entitled to recover possession of the unit, a civil penalty equal to one month's rent plus $500 (adjusted to fair market rent plus $500 when rent is government-subsidized), court costs, and reasonable attorney's fees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under § 92.334, landlords who face a retaliation suit tied to a code or utility complaint have a potential avenue for relief if an official inspector or utility representative visits the property and issues a written finding that no violation exists. Operators who maintain well-documented property conditions and promptly facilitate official inspections are generally better positioned to establish that a written no-violation determination was obtained. When a bad-faith finding is made by a court, § 92.334 allows recovery of possession, a civil penalty of one month's rent plus $500 (or fair market rent plus $500 for subsidized tenancies), court costs, and reasonable attorney's fees.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 92.334 of the Texas Property Code means that tenants who bring a retaliation claim based on a code or utility complaint should be aware that if an official inspector or utility representative visits and issues a written finding that no violation exists, a court may presume the complaint was made in bad faith. Tenants who believe a genuine violation exists may want to document conditions thoroughly before and after any inspection, and to understand that the presumption created by § 92.334 can be rebutted with sufficient evidence. Tenant-rights organizations and legal aid services can help individuals understand what evidence may be relevant and what general options exist when facing this type of presumption.

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.

Effective Timeline

Current
Jan 1, 1996
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.156
Tex. Prop. Code § 92.162
Tex. Prop. Code § 92.153
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.153
Tex. Prop. Code § 92.156
Tex. Prop. Code § 92.166
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.157
Tex. Prop. Code § 92.162
Tex. Prop. Code § 92.156
Tex. Prop. Code § 92.166
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.016
Tex. Prop. Code § 92.017
Tex. Prop. Code § 92.014
Tex. Prop. Code § 92.016
Tex. Prop. Code § 92.052
Tex. Prop. Code § 92.0563
Tex. Prop. Code § 92.107
Tex. Prop. Code § 92.154
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.151
Tex. Prop. Code § 92.153
Tex. Prop. Code § 92.153
Tex. Prop. Code § 92.201
Tex. Prop. Code § 92.201
Tex. Prop. Code § 92.201
Tex. Prop. Code § 92.202
Tex. Prop. Code § 92.204
Tex. Prop. Code § 92.202
Tex. Prop. Code § 92.203
Tex. Prop. Code § 92.204
Tex. Prop. Code § 92.001
Tex. Prop. Code § 92.255
Tex. Prop. Code § 92.252
Tex. Prop. Code § 92.0081
Tex. Prop. Code § 92.008
Tex. Prop. Code § 92.151
Tex. Prop. Code § 92.0131
Tex. Prop. Code § 92.151
Tex. Prop. Code § 92.016
Tex. Prop. Code § 92.052
Tex. Prop. Code § 92.054
Tex. Prop. Code § 92.0561
Tex. Prop. Code § 92.0563
Tex. Prop. Code § 92.056
Tex. Prop. Code § 92.052
Tex. Prop. Code § 92.006
Tex. Prop. Code § 92.0562
Tex. Prop. Code § 92.0561
Tex. Prop. Code § 92.0563
Tex. Prop. Code § 92.056
Tex. Prop. Code § 92.056
Tex. Prop. Code § 92.006
Tex. Prop. Code § 92.0561
Tex. Prop. Code § 92.107
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.259
Tex. Prop. Code § 92.259
Tex. Prop. Code § 92.258
Tex. Prop. Code § 92.2611
Tex. Prop. Code § 92.301
Tex. Prop. Code § 92.332
Tex. Prop. Code § 92.0563
Tex. Prop. Code § 92.331
Tex. Prop. Code § 92.331
Tex. Prop. Code § 92.331
Tex. Prop. Code § 92.352
Tex. Prop. Code § 92.056

Related Rules

§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption
§ 47a-20
(Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.
§ 47a-20a
Actions deemed not retaliatory.

Source Information

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