What is Landlord Retaliation?
Unlawful retaliation occurs when someone in a position of power, such as an employer or landlord, uses that power to punish an individual for making a reasonable complaint. In the context of real estate litigation, retaliation may occur when a landlord issues an eviction notice after receiving multiple requests for repairs or complaints regarding the state of the property. In order to protect tenants who fear the loss or disruption of their current living situation, Texas has passed the Anti-Retaliation Statute.
What is the Anti-Retaliation Statute?
The Anti-Retaliation Statute both protects tenants who take certain actions while also prohibiting landlords from engaging in retaliatory behavior. A landlord is generally considered to be retaliating if he or she does any of the following within six months of his tenant taking a protected action:
- Filing an eviction proceeding
- Restricting the tenant’s use of the premises
- Increasing the tenant’s rent
- Terminating the tenant’s rent
- Interfering with the tenant’s rights under the lease agreement
While some landlords may wait until the six months have passed before engaging in retaliatory action, tenants are still able to seek justice. In these cases, the tenant will be responsible for providing evidence of retaliation rather than depending on the presumption that forces landlords to prove they did not retaliate.
Contact a Dallas Real Estate Lawyer for Help
Fearing the retaliation of a landlord can cause an individual a great amount of stress and frustration. If you or a loved one has been a victim of a Dallas landlord’s retaliation, contact the offices of Gagnon, Peacock & Vereeke, P.C., at (214) 317-4448 today to speak with a Dallas real estate lawyer who may protect your rights and interests throughout the legal process.