Texas Demand Letter to Stop Retaliatory Eviction

[Your Name]
[Your Address]
[City, State ZIP]
[Email]

[DATE]

[Landlord/Property Manager]
[Landlord's Address]
[City, State ZIP]

RE: Notice of Retaliatory Eviction Defense - [Property Address]

Dear Sir or Madam:

Dear [Landlord Name]: I am writing in response to the [eviction notice/notice to vacate/lease termination notice] you served on me on [Date of Notice] regarding my rental unit at [Full Property Address]. Your action constitutes illegal retaliation prohibited by Texas Property Code § 92.331-92.333, and I will vigorously defend against any eviction proceeding. PROTECTED TENANT ACTIVITY On [Date of Protected Activity], I exercised my legal rights as a tenant by: [Describe protected activity, e.g.: ☐ Submitting a written request for repairs to address [specific conditions] affecting health and safety, as is my right under Texas Property Code § 92.052 ☐ Filing a complaint with [city housing inspector/health department/code enforcement] regarding [code violations/health hazards] at the property ☐ Exercising my repair-and-deduct remedy under § 92.0561 after you failed to make necessary repairs ☐ Organizing with other tenants to collectively request repairs and improvements ☐ Asserting my right to [specific legal right] under Texas law/our lease agreement] I have attached copies of [repair request/complaint filing/demand letter/other documentation] dated [Date] proving I engaged in this protected activity. This activity is explicitly protected under Texas Property Code § 92.331(a), which states that a landlord may not retaliate against a tenant who "in good faith" exercises or attempts to exercise rights under the lease or law. YOUR RETALIATORY ACTION On [Date], just [number of days/weeks] after I exercised my protected rights, you served me with [eviction notice/notice to vacate/lease termination] claiming: [Quote the stated reason from the notice, e.g.: "Non-payment of rent" "Lease violations" "No reason provided - month-to-month termination" "Unauthorized occupants" Etc.] Your stated reason is [choose applicable: ☐ pretextual and fabricated ☐ based on alleged violations that never occurred before I asserted my rights ☐ contradicted by my payment records showing I am current on all rent ☐ unsubstantiated and lacking any factual basis ☐ a sudden change from prior acceptance of the same conduct]. LEGAL PRESUMPTION OF RETALIATION Under Texas Property Code § 92.331(b), when a landlord takes action within six months of a tenant exercising protected rights, the law creates a rebuttable presumption that the action is retaliatory. Timeline: • [Date of Protected Activity]: I exercised protected rights by [activity] • [Date of Retaliatory Action]: You served me with [eviction/termination notice] • Time elapsed: [X] days ([X] weeks) - WELL WITHIN the 6-month presumption period Because you took this action within 6 months of my protected activity, Texas law presumes your eviction is retaliatory and illegal. The burden is on you to prove your action was not motivated by retaliation, which you cannot do given the obvious causal connection and timing. EVIDENCE OF RETALIATORY MOTIVE Your retaliatory motive is further evidenced by: [Include applicable evidence: ☐ Your statement on [date] that [quote showing retaliatory intent] ☐ The fact that I have been a tenant in good standing for [X years/months] with no prior complaints or eviction threats ☐ The timing - you never claimed these "violations" until immediately after I [requested repairs/filed complaint] ☐ Your refusal to respond to my repair requests, followed immediately by this eviction ☐ The pretextual nature of your claimed reasons, which are [false/exaggerated/inconsistent with prior conduct] ☐ Witness statements from [neighbors/other tenants] confirming you were angry about my complaint] These facts demonstrate that your true motive is retaliation for my exercising legal rights, not any legitimate landlord interest. PROHIBITION ON RETALIATORY EVICTION Texas Property Code § 92.332 defines retaliatory actions to include: • Filing or threatening to file an eviction proceeding • Terminating or refusing to renew a lease • Increasing rent or decreasing services • Harassing the tenant • Interfering with the tenant's rights under the lease Your [eviction filing/termination notice/rent increase/service reduction] falls squarely within these prohibited retaliatory actions. Under § 92.331(c), a landlord cannot engage in retaliatory conduct even if the tenant is behind on rent or has violated the lease, when the landlord's dominant purpose is retaliation for protected tenant activity. YOUR CLAIM IS PRETEXTUAL [Rebut the landlord's stated reason: If claiming non-payment: "You claim I failed to pay rent, but I have receipts proving I paid rent on [dates] totaling [amount]. I am current on all rent owed. [Attach payment records.]" If claiming lease violations: "You claim I violated the lease by [alleged violation], but [explain why false/why you didn't violate/why landlord previously accepted same conduct]. You never raised this issue during [X months/years] of tenancy until immediately after I requested repairs." If month-to-month termination without stated cause: "While month-to-month leases can generally be terminated without cause, § 92.331 prohibits termination when the dominant motive is retaliation. The timing and circumstances prove your motive is retaliatory."] DEMAND TO WITHDRAW EVICTION/TERMINATION I demand that you immediately: 1. Withdraw the [eviction notice/notice to vacate/lease termination] dated [Date] 2. Provide written confirmation that you will not pursue eviction or termination 3. Allow me to continue my tenancy under the current lease terms 4. [If applicable: Make the repairs I requested on [Date] as required under § 92.052] 5. Cease all retaliatory conduct, harassment, and interference with my tenant rights You must provide this written confirmation within 7 days of receiving this letter. CONSEQUENCES IF YOU PROCEED WITH EVICTION If you proceed with the eviction or refuse to withdraw your retaliatory action, I will: 1. Assert Retaliation as a Complete Defense: Under § 92.331, retaliation is an absolute defense to eviction. I will present evidence of the timing, your retaliatory motive, and the pretextual nature of your claims. The court will dismiss your eviction case. 2. File Counterclaims for Damages: Under Texas Property Code § 92.333, I am entitled to recover: • Civil penalty of one month's rent ($[rent amount]) plus $500 • Actual damages including moving costs, attorney's fees, emotional distress, and harm to my rental history • Court costs and reasonable attorney's fees • Injunctive relief prohibiting further retaliation 3. Seek Attorney's Fees: Texas courts routinely award attorney's fees to tenants who successfully defend retaliatory evictions. You will be ordered to pay my legal costs. 4. Report Violations: I will report your retaliatory conduct to: • [Local housing authority] • [Texas Attorney General Consumer Protection Division] • [Better Business Bureau] • [Rental listing websites where your properties are advertised] PRESERVATION OF EVIDENCE I have preserved comprehensive evidence of your retaliatory conduct including: • Copies of my protected activity ([repair requests, complaint filings, etc.]) with dates and delivery proof • Your eviction notice and stated reasons • Timeline demonstrating the retaliatory timing • Payment records disproving any rent non-payment claims • [Communications showing retaliatory motive] • [Witness statements] • Records of my tenancy showing I was a tenant in good standing before exercising my rights This evidence will be presented to the court to prove your retaliatory motive. PROTECTION UNDER FEDERAL AND STATE LAW In addition to Texas anti-retaliation protections, if my protected activity involved [reporting habitability issues/lead paint/fair housing complaints], I may also have federal protections under [Fair Housing Act/HUD regulations] prohibiting retaliation. OFFER TO RESOLVE WITHOUT LITIGATION I do not want to engage in costly litigation if it can be avoided. If you: 1. Immediately withdraw your eviction/termination notice 2. Confirm in writing I can continue my tenancy 3. [If applicable: Complete the repairs I requested] 4. Agree to no further retaliation Then I will not pursue civil penalties or damages against you at this time, and we can maintain a professional landlord-tenant relationship. However, if you proceed with this retaliatory eviction, I will vigorously defend my rights and pursue all available legal remedies, including substantial damages and attorney's fees at your expense. RESPONSE REQUIRED WITHIN 7 DAYS Respond to this letter within seven (7) days by: Phone: [Your Phone] Email: [Your Email] Mail: [Your Address] Provide written confirmation that you are withdrawing the eviction/termination and will cease all retaliatory conduct. If I do not receive this confirmation within 7 days, I will assume you are proceeding with the unlawful retaliation and will take all necessary legal action to protect my rights. Sincerely, [Your Signature] [Your Printed Name] [Your Address] [Date] Enclosures: • Copy of repair request/complaint dated [Date] • Copy of eviction/termination notice dated [Date] • Timeline demonstrating retaliation • [Payment records/other evidence] CC: [Property Management Company] [My Attorney, if applicable]

Sincerely,

[Your Signature]
[Your Printed Name]