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Can I evict my tenants for threatening me without facing retaliation claims?

Can I evict my tenants for threatening me without facing retaliation claims?

Q: Can a landlord evict a tenant for threatening behavior?

Yes, a landlord can evict a tenant for threatening behavior. Such threats are considered a valid reason for eviction under Texas law, specifically if they endanger the landlord's safety or involve criminal acts. This type of eviction is not classified as retaliation, allowing landlords to protect themselves and their property.

Q: What should I do if my tenant threatens me?

If your tenant threatens you, it's important to document the threat and consider your safety first. You can then proceed with eviction based on the threat, as it is a valid reason under Texas law. It may also be wise to consult with a legal professional to ensure you follow the proper procedures and protect your rights.

Full question:

I have, unfortunately, ended up renting out my property to two uni students who have started acting up recently. One of ‘em outright threatened to harm me when I questioned their unbecoming behavior. If I evict them, will I be held liable for retaliation?

Category: Landlord Tenant
Date: 04/07/2025
State: Texas

Answer:

No, you will not be held liable for retaliation if you evict your tenants for threatening your safety and damaging the rental property. In Texas, landlords can evict tenants for these reasons without it being considered retaliation. According to Texas Property Code § 94.253, valid grounds for eviction include:

Delinquency in rent or other amounts due.
Intentional damage to the property or threats to the landlord's safety.
Material breach of the lease, such as serious misconduct or criminal acts.
Holding over after notice of termination.
Good faith belief that the tenant may adversely affect the health or safety of others.

Since your situation involves a threat to your personal safety, this grounds for eviction does not constitute retaliation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are valid reasons for evicting a tenant in Texas?

In Texas, valid reasons for evicting a tenant include not paying rent, causing intentional damage to the property, threatening the landlord's safety, breaching lease terms, or staying in the property after receiving a termination notice. These grounds are outlined in Texas Property Code § 94.253. If you have a legitimate reason, you can proceed with eviction without fear of retaliation claims.

Can a landlord evict a tenant for threatening behavior?

What constitutes retaliation in a landlord-tenant relationship?

Retaliation in a landlord-tenant relationship occurs when a landlord takes adverse action against a tenant for exercising their legal rights, such as reporting unsafe conditions or filing a complaint. However, if the eviction is based on legitimate concerns, like threats to safety or property damage, it is not considered retaliation under Texas law.