Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.335
EVICTION SUITS.
Operative Text
Sec. 92.335. EVICTION SUITS. In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Other judicial actions under this chapter may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit. Acts 1983, 68th Leg., p. 3638, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 11, eff. Aug. 28, 1989. Renumbered from Property Code Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996. SUBCHAPTER I. RENTAL APPLICATION
Section 92.335 of the Texas Property Code governs what claims and defenses may be raised in an eviction (forcible detainer) suit. A tenant facing eviction may assert landlord retaliation under Section 92.331 as a defense, and may also raise a lawful rent deduction made under the chapter as a defense to a nonpayment-of-rent claim. However, other legal claims arising under this chapter cannot be bundled into an eviction suit—they must be pursued in separate proceedings.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.335, landlords pursuing eviction suits should be aware that tenants are permitted to raise retaliation and lawful rent deductions as defenses within that proceeding. Operators who maintain clear records of repair requests, rent payments, and any deductions are generally better positioned to address such defenses when they arise. Claims beyond those specifically permitted by § 92.335 cannot be joined to or asserted as crossclaims in an eviction action, so landlords typically address other disputes in separate civil proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.335 gives tenants specific tools when facing an eviction suit: if a landlord has retaliated against a tenant in violation of Section 92.331, that retaliation can be raised as a defense in the eviction proceeding. Similarly, if a tenant has lawfully deducted rent under the chapter's provisions, that deduction can serve as a defense to a nonpayment claim. Tenants should be aware that other claims under this chapter generally cannot be raised as defenses or crossclaims in the eviction suit itself, and may need to be pursued separately—consulting a tenant-rights organization can help clarify available options.
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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