Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.261
LANDLORD'S DEFENSES.
Operative Text
Sec. 92.261. LANDLORD'S DEFENSES. The landlord has a defense to liability under Section 92.259 if:(1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or(2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.258. Acts 1983, 68th Leg., p. 3653, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Section 92.261 of the Texas Property Code establishes two defenses a landlord may raise against liability claims brought under Section 92.259, which relates to utility cutoff violations. The first defense applies when a tenant has unpaid rent at the time they give the required notice. The second defense applies when a tenant has not fully paid costs that the landlord requested and that are authorized under Section 92.258 at the time the tenant terminates the lease or files suit.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.261, landlords who face claims under Section 92.259 may have a viable defense if the tenant owed unpaid rent at the time of their notice, or if the tenant had not fully paid landlord costs authorized by Section 92.258 when the lease was terminated or suit was filed. Compliant operators generally maintain clear, documented records of rent payment status and any cost requests made under Section 92.258. Keeping thorough payment histories and written communications can be important when these defenses become relevant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.261 means that a landlord accused of a utility cutoff violation under Section 92.259 can potentially avoid liability by pointing to unpaid rent or unpaid authorized costs on the tenant's part. Tenants who intend to raise a Section 92.259 claim should be aware that their own payment history may become a central issue in any dispute. Tenant-rights organizations in Texas can help renters understand how these defenses interact with their rights and what options may be available through the courts.
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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