Was It Retaliation?

Is landlord booting out tenant because of a deck dispute, asks John Keslo in the Austin American Statesman.

Section 92.331 of the Texas Property Code prohibits retaliation by a landlord because the tenant:

1. 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; or
3. Complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency.

The landlord may not, within six months after the date of the tenant’s action, 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 a course of conduct that materially interferes with the tenant’s rights under the tenant’s lease.