Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.023
TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY.
Operative Text
Sec. 92.023. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. If a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for:(1) the full amount of the tenant's security deposit;(2) the pro rata portion of any rental payment the tenant has paid in advance;(3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and(4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord. Added by Acts 2011, 82nd Leg., R.S., Ch. 512 (H.B. 1862), Sec. 1, eff. September 1, 2011.
Under Texas Property Code § 92.023, when a municipality or county revokes a certificate of occupancy for a rental property because the landlord failed to maintain it, the landlord becomes financially liable to any tenant who is not in default on the lease. That liability covers the return of the security deposit in full, any prepaid rent on a prorated basis, actual out-of-pocket damages such as moving costs and lost wages, and the tenant's court costs and attorney's fees if litigation follows. The rule effectively ties the landlord's maintenance obligations to concrete financial consequences triggered by a government action—the revocation itself.
Plain English — not legal advice.
Property owners and managers subject to Texas Property Code § 92.023 generally keep rental units in a condition that satisfies local building and habitability codes, since a government-issued revocation of a certificate of occupancy due to maintenance failures triggers broad financial exposure. Compliant operators typically conduct regular inspections, respond promptly to repair requests, and address code violations before they escalate to the point where a municipality or county takes formal action. Maintaining documentation of maintenance activities and communications with tenants can be an important part of demonstrating ongoing compliance with local standards.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Texas Property Code § 92.023 gives tenants who are current on their lease a set of financial remedies if a local government revokes the property's certificate of occupancy because the landlord failed to maintain it—including full return of the security deposit, prorated prepaid rent, actual damages like moving and storage costs, and attorney's fees. Tenants in this situation may consider documenting all related expenses and communications, and can explore filing a complaint with the local municipality or county that oversees code enforcement. Tenant-rights organizations in Texas can help explain how these remedies work in practice and what options may be available for pursuing them.
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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