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 (Tenant’s Judicial Remedies), for:
increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or
increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire manufactured home community.
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:
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;
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;
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;
the tenant holds over after giving notice of termination or intent to vacate;
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 (Retaliation by Landlord) until after the landlord gives notice of termination; or
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:
adversely affect the quiet enjoyment by other tenants or neighbors;
materially affect the health or safety of the landlord, other tenants, or neighbors; or
damage the property of the landlord, other tenants, or neighbors.Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.