Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.206
LANDLORD'S DEFENSE.
Operative Text
Sec. 92.206. LANDLORD'S DEFENSE. A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice required by either of those sections. Rent delinquency is not a defense for a violation of Section 92.204. Acts 1983, 68th Leg., p. 3648, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Section 92.206 of the Texas Property Code establishes a conditional defense available to landlords in disputes arising under Sections 92.202 and 92.203, which relate to providing certain rental information. If a tenant is behind on rent at the time they deliver the required notice under those sections, the landlord may invoke that delinquency as a defense against liability. However, this same defense is explicitly unavailable for violations of Section 92.204, meaning a tenant's unpaid rent does not excuse a landlord's noncompliance with that separate obligation.
Plain English — not legal advice.
Under § 92.206, operators who face a claim under Sections 92.202 or 92.203 may have a defense available if the tenant was in arrears on rent when they submitted the triggering notice. Compliant property managers typically keep accurate, dated records of rent payment status so that any delinquency at the time of a tenant's notice can be documented and substantiated if needed. Importantly, this defense does not extend to alleged violations of Section 92.204, so operators generally treat compliance with that section as a separate and unconditional obligation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.206 means that if a tenant owed rent on the date they gave notice under Sections 92.202 or 92.203, a landlord may use that delinquency to defend against a liability claim under those sections. Tenants should be aware that this defense does not apply to Section 92.204 violations, so a landlord cannot rely on unpaid rent to escape obligations under that provision. Tenants who believe their rights under these sections have been violated may consider consulting a tenant-rights organization or reviewing resources provided by Texas legal aid programs to understand available enforcement paths.
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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