Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.334
INVALID COMPLAINTS.
Operative Text
Sec. 92.334. INVALID COMPLAINTS. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith.(b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500. Added by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
Texas Property Code § 92.334 addresses situations where a tenant files a retaliation lawsuit based on a complaint about a building, housing, or utility code violation, but an official inspector or utility representative subsequently determines in writing that no such violation exists. When that happens, the law creates a rebuttable presumption — meaning it is assumed, unless disproven — that the tenant acted in bad faith. If a court finds that a tenant pursued such a suit in bad faith, the landlord becomes entitled to recover possession of the unit, a civil penalty equal to one month's rent plus $500 (adjusted to fair market rent plus $500 when rent is government-subsidized), court costs, and reasonable attorney's fees.
Plain English — not legal advice.
Under § 92.334, landlords who face a retaliation suit tied to a code or utility complaint have a potential avenue for relief if an official inspector or utility representative visits the property and issues a written finding that no violation exists. Operators who maintain well-documented property conditions and promptly facilitate official inspections are generally better positioned to establish that a written no-violation determination was obtained. When a bad-faith finding is made by a court, § 92.334 allows recovery of possession, a civil penalty of one month's rent plus $500 (or fair market rent plus $500 for subsidized tenancies), court costs, and reasonable attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.334 of the Texas Property Code means that tenants who bring a retaliation claim based on a code or utility complaint should be aware that if an official inspector or utility representative visits and issues a written finding that no violation exists, a court may presume the complaint was made in bad faith. Tenants who believe a genuine violation exists may want to document conditions thoroughly before and after any inspection, and to understand that the presumption created by § 92.334 can be rebutted with sufficient evidence. Tenant-rights organizations and legal aid services can help individuals understand what evidence may be relevant and what general options exist when facing this type of presumption.
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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