Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.253
NONRETALIATION.
Operative Text
Sec. 94.253. NONRETALIATION. (a) A 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 94.159, 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 manufactured home community.(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 or other amounts due under the lease that in the aggregate equal the amount of at least one month's 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 94.251 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. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Section 94.253 of the Texas Property Code defines circumstances under which a landlord's actions in a manufactured home community cannot be treated as illegal retaliation. Certain rent increases—such as those tied to escalation clauses for utilities, taxes, or insurance, or those applied uniformly across an entire community—are explicitly excluded from retaliation claims. Additionally, evictions or lease terminations grounded in specific tenant conduct, such as nonpayment of rent, property damage, material lease violations, threats to safety, or holding over after proper notice, are deemed valid on their own merits and do not constitute retaliation regardless of other circumstances.
Plain English — not legal advice.
Operators of manufactured home communities governed by Tex. Prop. Code § 94.253 generally document the business rationale behind rent adjustments and service changes, particularly when those changes apply community-wide or follow a written escalation clause, in order to demonstrate that such actions are not retaliatory in nature. Compliant operators also maintain clear records of tenant conduct issues—such as delinquent rent, property damage, safety threats, or material lease violations—before initiating eviction or lease termination proceedings, since § 94.253(b) recognizes these as independently valid grounds. Keeping thorough documentation of notices, lease terms, and community-wide policy changes helps establish that actions were taken for legitimate operational reasons rather than in response to protected tenant activity.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Tex. Prop. Code § 94.253, tenants in manufactured home communities have the right to raise retaliation as a defense when facing eviction or adverse action by a landlord, though the statute identifies specific situations—such as rent delinquency, property damage, safety threats, or holding over—where a landlord's action will not be considered retaliatory. If a tenant believes an eviction or rent increase was motivated by retaliation rather than a legitimate reason listed in § 94.253, that claim can potentially be raised as a defense in an eviction proceeding or through other legal channels. Tenant-rights organizations in Texas can help residents of manufactured home communities understand how this provision interacts with other protections under 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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