Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.160
LANDLORD REMEDY FOR TENANT VIOLATION.
Operative Text
Sec. 94.160. LANDLORD REMEDY FOR TENANT VIOLATION. (a) If a tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may recover actual damages from the tenant. If, after a landlord has notified a tenant in writing of the illegality of the tenant's rent withholding or the tenant's proposed repair and the penalties of this subchapter, the tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in bad faith violation of this subchapter, the landlord may recover from the tenant a civil penalty of one month's rent plus $500.(b) Notice under this section must be in writing and may be given in person, by mail, or by delivery to the premises.(c) The landlord has the burden of pleading and proving, by clear and convincing evidence, that the landlord gave the tenant the required notice of the illegality and the penalties and that the tenant's violation was done in bad faith. In any litigation under this subsection, the prevailing party shall recover reasonable attorney's fees from the nonprevailing party. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Under Texas Property Code § 94.160, when a tenant withholds rent, arranges repairs, or deducts repair costs in a way that violates the relevant subchapter, the landlord is permitted to seek recovery of actual damages. If the landlord has first provided written notice of the alleged illegality and the applicable penalties, and the tenant then continues the conduct in bad faith, the landlord may additionally pursue a civil penalty equal to one month's rent plus $500. In any litigation over a bad-faith violation, the party that prevails is entitled to recover reasonable attorney's fees from the losing party.
Plain English — not legal advice.
Under § 94.160, landlords who believe a tenant is improperly withholding rent or arranging unauthorized repairs generally document the situation and deliver written notice—by hand, mail, or delivery to the premises—that specifically identifies the alleged illegality and the penalties provided by the subchapter. Maintaining clear records of that notice is important because the statute places the burden on the landlord to prove, by clear and convincing evidence, that proper notice was given and that any subsequent violation was made in bad faith. Operators who follow these procedural steps preserve their ability to seek both actual damages and, where bad faith is established, the civil penalty of one month's rent plus $500 described in § 94.160(a).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 94.160 of the Texas Property Code sets out the circumstances under which a landlord may seek damages or civil penalties against a tenant for rent withholding or repair-related deductions that fall outside what the subchapter permits. Tenants should be aware that the bad-faith penalty—one month's rent plus $500—can only be pursued after the landlord has delivered written notice of the alleged illegality, and the landlord bears the burden of proving bad faith by clear and convincing evidence. Tenants who receive such a written notice may wish to consult a tenant-rights organization or legal aid provider to understand whether their actions were permissible under the subchapter and what defenses or counterclaims, including attorney's fees, may be available under § 94.160(c).
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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