Texas Property Code

Sec. § 92.165
Tenant Remedies for Other Landlord Violations


If a landlord does not comply with a tenant’s request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156 (Rekeying or Change of Security Devices)(b), 92.157 (Security Devices Requested by Tenant), or 92.158 (Landlord’s Duty to Repair or Replace Security Device) 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 Section 92.166 (Notice of Tenant’s Deduction of Repair Costs From Rent);

(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.
Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Source

Last accessed
Jun. 7, 2021