Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.260
TENANT REMEDIES.
Operative Text
Sec. 92.260. TENANT REMEDIES. A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies:(1) a court order directing the landlord to comply with the tenant's request if the tenant is in possession of the dwelling unit;(2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation;(3) a judgment against the landlord for a civil penalty of one month's rent plus $100 if the landlord violates Section 92.259(a)(2);(4) a judgment against the landlord for court costs;(5) a judgment against the landlord for attorney's fees in an action under Subdivision (1) or (3); and(6) unilateral termination of the lease without a court proceeding if the landlord violates Section 92.259(a)(2). Acts 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 869, Sec. 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, Sec. 3, eff. Sept. 1, 1995.
Texas Property Code § 92.260 sets out the remedies available to a tenant whose landlord has been found liable under § 92.259. Depending on the circumstances, those remedies can include a court order compelling compliance, monetary damages, a civil penalty equal to one month's rent plus $100, court costs, and attorney's fees. In cases involving a specific type of violation under § 92.259(a)(2), a tenant may also end the lease without going to court.
Plain English — not legal advice.
Under § 92.260, landlords who are found liable under § 92.259 face a range of potential court-ordered consequences, including compliance orders, damage awards, and a statutory civil penalty of one month's rent plus $100 for violations of § 92.259(a)(2). Compliant operators generally respond promptly to tenant requests covered by § 92.259 to avoid triggering these remedies. Keeping clear records of communications and actions taken in response to tenant requests is a practice commonly associated with demonstrating good-faith compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.260 of the Texas Property Code outlines several remedies a tenant may pursue when a landlord is liable under § 92.259, including asking a court to order the landlord to comply, seeking a money judgment for actual damages, and—for violations of § 92.259(a)(2)—claiming a civil penalty of one month's rent plus $100 or terminating the lease without a court proceeding. Attorney's fees and court costs may also be recoverable in certain actions under this section. Tenants who believe their landlord has violated § 92.259 may wish to consult a tenant-rights organization or legal aid office to understand which of these remedies may be available given 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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