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:
- State: Texas
Answer:
No. You will not be held liable for retaliation if you evict them for damaging the rental property and threatening your personal safety. The law in Texas states that a landlord may evict or terminate the lease if the tenant intentionally damages the rental property and by word or by conduct threatens the personal safety of the landlord. An eviction on the above-mentioned grounds does not constitute retaliation. The relevant statutory provision in this regard is stated below.Tex. Prop. Code § 94.253 states:
“(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 or other amounts due under the lease that in the aggregate equal the amount of at least one month's 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 94.251 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.”
(1) the tenant is delinquent in rent or other amounts due under the lease that in the aggregate equal the amount of at least one month's 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 94.251 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.”
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.
