Texas Property Code 92.165 – Tenant Remedies for Other Landlord Violations
Terms Used In Texas Property Code 92.165
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Month: means a calendar month. See Texas Government Code 312.011
- Property: means real and personal property. See Texas Government Code 311.005
If a landlord does not comply with a tenant’s request regarding rekeying, changing, adding, repairing, or replacing a security device under § 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may:
(1) install, repair, change, replace, or rekey the security devices as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant’s next rent payment in accordance with § 92.166;
(2) unilaterally terminate the lease without court proceedings; and
(3) file suit against the landlord and obtain a judgment for:
(A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling;
(B) the tenant’s actual damages;
(C) punitive damages if the tenant suffers actual damages and the landlord’s failure to comply is intentional, malicious, or grossly negligent;
(D) a civil penalty of one month‘s rent plus $500;
(E) court costs; and
(F) attorney’s fees except in suits for recovery of property damages, personal injuries, or wrongful death.