Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.005
ATTORNEY'S FEES.
Operative Text
Sec. 92.005. ATTORNEY'S FEES. (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended.(b) This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act. Acts 1983, 68th Leg., p. 3631, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 2, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1439, Sec. 2, eff. Sept. 1, 1999.
Under Texas Property Code § 92.005, the party that wins a lawsuit brought under certain subchapters of the residential tenancy statutes (Subchapters A, B, E, or F) may be awarded their court costs and reasonable attorney's fees for work that was reasonably necessary to the case. However, this fee-shifting rule does not apply when the claims in a Subchapter E or F action involve property damage, personal injury, or criminal acts — in those situations, each side bears its own attorney's fees regardless of who prevails.
Plain English — not legal advice.
Property owners and managers involved in litigation under the Texas residential tenancy statutes should be aware that § 92.005 cuts both ways: a landlord who prevails in a covered suit may seek reimbursement of court costs and reasonable attorney's fees, but a prevailing tenant can seek the same. Compliant operators typically document their actions carefully so that, if litigation arises under Subchapters A, B, E, or F, they are positioned to demonstrate that their conduct aligned with statutory requirements. Keeping thorough records of lease terms, repair requests, security deposit handling, and communications is a standard practice that supports a clear factual record in any fee-shifting dispute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Texas Property Code § 92.005 gives tenants who win lawsuits under the covered subchapters the right to ask the court to order the landlord to pay their reasonable attorney's fees and court costs, which can make it more practical to pursue valid claims. This fee-shifting protection does not extend to claims for property damage, personal injury, or criminal acts brought under Subchapters E or F, so the nature of the underlying claim matters when evaluating available remedies. Tenants who believe they have a claim under these subchapters may find it useful to consult a tenant-rights organization or legal aid office to understand how § 92.005 might apply to their circumstances.
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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