reglab/housing_qa huggingface dataset:
TX Prop § 92.331 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter H. Retaliation|Section 92.331. Retaliation by Landlord

Sec. 92.331.  RETALIATION BY LANDLORD.  (a)  A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:(1)  in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;(2)  gives a landlord a notice to repair or exercise a remedy under this chapter;(3)  complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:(A)  claims a building or housing code violation or utility problem; and(B)  believes in good faith that the complaint is valid and that the violation or problem occurred; or(4)  establishes, attempts to establish, or participates in a tenant organization.(b)  A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by:(1)  filing an eviction proceeding, except for the grounds stated by Section 92.332;(2)  depriving the tenant of the use of the premises, except for reasons authorized by law;(3)  decreasing services to the tenant;(4)  increasing the tenant's rent or terminating the tenant's lease;  or(5)  engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease.|Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993.  Redesignated from Property Code Sec. 92.057(a) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 588 (S.B. 630), Sec. 2, eff. January 1, 2014.|
TX Prop § 92.332 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter H. Retaliation|Section 92.332. Nonretaliation

Sec. 92.332.  NONRETALIATION.  (a)  The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for:(1)  increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance;  or(2)  increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project.(b)  An eviction or lease termination based on the following circumstances, which are valid grounds for eviction or lease termination in any event, does not constitute retaliation:(1)  the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action;(2)  the tenant, a member of the tenant's family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord's employees, or another tenant;(3)  the tenant has materially breached the lease, other than by holding over, by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts, except as provided by this section;(4)  the tenant holds over after giving notice of termination or intent to vacate;(5)  the tenant holds over after the landlord gives notice of termination at the end of the rental term and the tenant does not take action under Section 92.331 until after the landlord gives notice of termination;  or(6)  the tenant holds over and the landlord's notice of termination is motivated by a good faith belief that the tenant, a member of the tenant's family, or a guest or invitee of the tenant might:(A)  adversely affect the quiet enjoyment by other tenants or neighbors;(B)  materially affect the health or safety of the landlord, other tenants, or neighbors;  or(C)  damage the property of the landlord, other tenants, or neighbors.|Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993.  Redesignated from Property Code Sec. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.|
TX Prop § 92.333 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter H. Retaliation|Section 92.333. Tenant Remedies

Sec. 92.333.  TENANT REMEDIES.  In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord.  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.|Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993.  Redesignated from Property Code Sec. 92.057(d) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.|
TX Prop § 92.334 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter H. Retaliation|Section 92.334. Invalid Complaints

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.|
TX Prop § 92.335 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter H. Retaliation|Section 92.335. Eviction Suits

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.|
TX Prop § 92.351 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter I. Rental Application|Section 92.351. Definitions

Sec. 92.351.  DEFINITIONS.  For purposes of this subchapter:(1)  "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant.(1-a)  "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant.(2)  "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling.(3)  "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants.(4)  "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution.(5)  "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling.(5-a)  "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord.(6)  "Required date" means the required date for any acceptance of the applicant under Section 92.352.|Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996.  Renumbered from Property Code Sec. 92.331 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 7, eff. January 1, 2008.|
TX Prop § 92.3515 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter I. Rental Application|Section 92.3515. Notice of Eligibility Requirements

Sec. 92.3515.  NOTICE OF ELIGIBILITY REQUIREMENTS.  (a)  At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's:(1)  criminal history;(2)  previous rental history;(3)  current income;(4)  credit history; or(5)  failure to provide accurate or complete information on the application form.(b)  If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available.  If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant.(c)  The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria.  The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history.  If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded."(d)  The acknowledgment may be part of the rental application if the notice is underlined or in bold print.(e)  If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit.(f)  If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant.|Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 8, eff. January 1, 2008.|
TX Prop § 92.352 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter I. Rental Application|Section 92.352. Rejection of Applicant

Sec. 92.352.  REJECTION OF APPLICANT.  (a)  The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the:(1)  date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord;  or(2)  date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form.(b)  A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants.|Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996.  Renumbered from Property Code Sec. 92.332 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.|
TX Prop § 92.353 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter I. Rental Application|Section 92.353. Procedures for Notice or Refund

Sec. 92.353.  PROCEDURES FOR NOTICE OR REFUND.  (a)  Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by:(1)  telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date;  or(2)  United States mail, addressed to the applicant and postmarked on or before the required date.(b)  If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant.(c)  If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday.|Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996.  Renumbered from Property Code Sec. 92.333 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.|
TX Prop § 92.354 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter I. Rental Application|Section 92.354. Liability of Landlord

Sec. 92.354.  LIABILITY OF LANDLORD.  A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees.|Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996.  Renumbered from Property Code Sec. 92.334 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 9, eff. January 1, 2008.|
TX Prop § 92.355 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter I. Rental Application|Section 92.355. Waiver

Sec. 92.355.  WAIVER.  A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void.|Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 10, eff. January 1, 2008.|
TX Prop § 94.001 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 94 - Manufactured Home Tenancies|Subchapter A. General Provisions|Section 94.001. Definitions

Sec. 94.001.  DEFINITIONS.  In this chapter:(1)  "Landlord" means the owner or manager of a manufactured home community and includes an employee or agent of the landlord.(2)  "Lease agreement" means a written agreement between a landlord and a tenant that establishes the terms, conditions, and other provisions for placing a manufactured home on the premises of a manufactured home community.(3)  "Manufactured home" has the meaning assigned by Section 1201.003, Occupations Code.(4)  "Manufactured home community" means a parcel of land on which four or more lots are offered for lease for installing and occupying manufactured homes.(5)  "Manufactured home community rules" means the rules provided in a written document that establish the policies and regulations of the manufactured home community, including regulations relating to the use, occupancy, and quiet enjoyment of and the health, safety, and welfare of tenants of the manufactured home community.(6)  "Manufactured home lot" means the space allocated in the lease agreement for the placement of the tenant's manufactured home and the area adjacent to that space designated in the lease agreement for the tenant's exclusive use.(7)  "Normal wear and tear" means deterioration that results from intended use of the premises, including breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, a member of the tenant's household, or a guest or invitee of the tenant.(8)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 613, Sec. 8, eff. September 1, 2013.(9)  "Premises" means a tenant's manufactured home lot, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally.(10)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 613, Sec. 8, eff. September 1, 2013.(11)  "Tenant" means a person who is:(A)  authorized by a lease agreement to occupy a lot to the exclusion of others in a manufactured home community;  and(B)  obligated under the lease agreement to pay rent, fees, and other charges.|Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 75, Sec. 1, eff. May 16, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.808, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 2, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 8, eff. September 1, 2013.|
TX Prop § 94.002 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 94 - Manufactured Home Tenancies|Subchapter A. General Provisions|Section 94.002. Applicability

Sec. 94.002.  APPLICABILITY.  (a)  This chapter applies only to the relationship between a landlord who leases property in a manufactured home community and a tenant leasing property in the manufactured home community for the purpose of situating a manufactured home on the property.(b)  This chapter does not apply to the relationship between:(1)  a landlord who owns a manufactured home and a tenant who leases the manufactured home from the landlord;(2)  a landlord who leases property in a manufactured home community and a tenant leasing property in the manufactured home community for the placement of personal property to be used for human habitation, excluding a manufactured home; or(3)  a landlord and an employee or an agent of the landlord.|Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 3, eff. September 1, 2013.|
TX Prop § 94.003 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 94 - Manufactured Home Tenancies|Subchapter A. General Provisions|Section 94.003. Waiver of Rights and Duties

Sec. 94.003.  WAIVER OF RIGHTS AND DUTIES.  A provision in a lease agreement or a manufactured home community rule that purports to waive a right or to exempt a landlord or a tenant from a duty or from liability under this chapter is void.|Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.|
TX Prop § 94.004 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 94 - Manufactured Home Tenancies|Subchapter A. General Provisions|Section 94.004. Landlord's Right of Entry

Sec. 94.004.  LANDLORD'S RIGHT OF ENTRY.  (a)  Except as provided by this chapter, the landlord may not enter a tenant's manufactured home unless:(1)  the tenant is present and gives consent;  or(2)  the tenant has previously given written consent.(b)  The written consent under Subsection (a)(2) must specify the date and time entry is permitted and is valid only for the date and time specified.  The tenant may revoke the consent without penalty at any time by notifying the landlord in writing that the consent has been revoked.(c)  The landlord may enter the tenant's manufactured home in a reasonable manner and at a reasonable time if:(1)  an emergency exists;  or(2)  the tenant abandons the manufactured home.|Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.|
TX Prop § 94.005 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 94 - Manufactured Home Tenancies|Subchapter A. General Provisions|Section 94.005. Common Area Facilities

Sec. 94.005.  COMMON AREA FACILITIES.  Each common area facility, if any, must be open or available to tenants.  The landlord shall post the hours of operation or availability of the facility in a conspicuous place at the facility.|Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.|
TX Prop § 94.006 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 94 - Manufactured Home Tenancies|Subchapter A. General Provisions|Section 94.006. Tenant Meetings

Sec. 94.006.  TENANT MEETINGS.  (a)  Except as provided by Subsection (b), a landlord may not interfere with meetings by tenants of the manufactured home community related to manufactured home living.(b)  Any limitations on meetings by tenants in the common area facilities must be included in the manufactured home community rules.|Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.|
TX Prop § 94.007 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 94 - Manufactured Home Tenancies|Subchapter A. General Provisions|Section 94.007. Cash Rental Payments

Sec. 94.007.  CASH RENTAL PAYMENTS.  (a)  A landlord shall accept a tenant's cash rental payment unless the lease agreement requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument.(b)  A landlord who receives a cash rental payment shall:(1)  provide the tenant with a written receipt;  and(2)  enter the payment date and amount in a record book maintained by the landlord.(c)  A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section.|Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.|
TX Prop § 94.008 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 94 - Manufactured Home Tenancies|Subchapter A. General Provisions|Section 94.008. Manufactured Home Community Rules

Sec. 94.008.  MANUFACTURED HOME COMMUNITY RULES.  (a)  A landlord may adopt manufactured home community rules that are not arbitrary or capricious.(b)  Manufactured home community rules are considered part of the lease agreement.(c)  The landlord may add to or amend manufactured home community rules.  If the landlord adds or amends a rule:(1)  the rule is not effective until the 30th day after the date each tenant is provided with a written copy of the added or amended rule;  and(2)  if a tenant is required to take any action that requires the expenditure of funds in excess of $25 to comply with the rule, the landlord shall give the tenant at least 90 days after the date each tenant is provided with a written copy of the added or amended rule to comply with the rule.|Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.|