Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.004
HARASSMENT.
Operative Text
Sec. 92.004. HARASSMENT. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. Acts 1983, 68th Leg., p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Section 92.004 of the Texas Property Code establishes a penalty for abusing the court system in certain landlord-tenant disputes. When a party—whether a landlord or a tenant—files or pursues a lawsuit under the covered subchapters in bad faith or solely to harass the other side, that party can be held liable to the defendant for one month's rent, an additional $100, and attorney's fees. The provision is designed to deter frivolous or retaliatory litigation in the specific subchapters it covers.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.004, landlords who initiate or continue litigation under the covered subchapters—such as those addressing repairs, security deposits, or utility cutoffs—with a genuine, good-faith legal basis are acting consistently with the statute's intent. Compliant operators generally document the factual and legal grounds for any suit before filing and avoid using litigation as a pressure tactic against tenants. A court finding of bad faith or harassment can result in liability for one month's rent, $100, and the tenant's attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.004 protects defendants—including tenants—from lawsuits that are filed in bad faith or for the purpose of harassment under the covered subchapters. If a tenant believes a landlord has filed such a suit against them without legitimate grounds, they may raise the bad-faith or harassment issue as a defense or counterclaim within the litigation. Tenants facing this situation may find it helpful to consult a tenant-rights organization or legal aid office to understand what options are available under this provision.
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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