Understanding Real Legal Defenses in a Texas Eviction

In an eviction case, the judge decides one main question: who has the right to actual possession of the property. It is not a trial about everything you may be unhappy about with your landlord. Under the Texas Supreme Court's 2026 eviction rules, counterclaims are not permitted in an eviction case, and a claim that can't be raised there can be brought in a separate case.

What your landlord has to show.

Your landlord has to show that they have the right to possession and that they gave you proper written notice before filing. If the notice wasn't proper, or the person who filed the case isn't the right one to bring it, that can be raised. But the 2026 changes may limit what you can argue in some cases, so it helps to have an advocate look at your papers.

Two defenses the law names.

Section 92.335 of the Texas Property Code says that in an eviction suit, retaliation by the landlord is a defense, and a rent deduction lawfully made by the tenant under that chapter is a defense to not paying the rent, to the extent the chapter allows.

Retaliation. A landlord may not retaliate against you for doing certain things in good faith, like using a right you have, giving your landlord a notice to repair, complaining to a government agency that enforces building or housing codes, or joining a tenant organization. The law says a landlord may not file an eviction within six months after you did one of those things. But there are exceptions. An eviction is not treated as retaliation if you were behind on rent when the landlord gave you notice or filed the case. Other exceptions include intentionally damaging property, threatening someone's safety, seriously breaking the lease, or staying after you gave notice that you were leaving. A landlord is also not liable if they prove the action was not for retaliation. If you think this applies to you, keep the dates and papers for what you did and when.

Rent deductions for repairs. Texas law lets a tenant have certain repairs made and deduct the cost from rent, but only in narrow situations and only if you follow the steps. It covers serious problems like sewage backup or flooding, water service that has totally stopped, heating or cooling that isn't working when an official has put in writing that it affects health or safety, or a condition that an official has said affects health or safety. You must give your landlord written notice, and one notice must say you intend to make the repair and describe it. There are waiting periods, often 3 or 7 days depending on the problem. The repair must be done by an independent, licensed company or contractor, not by you or your family. The deduction is limited to the larger of one month's rent or $500. Because the steps matter so much, talk to an advocate before you rely on this.

What usually isn't a defense on its own.

Not being able to afford rent, because of a job loss or medical bills, is generally not a defense in the hearing. A general complaint that your landlord never fixed things is also usually not a defense on its own. Section 92.335 says other court actions under that chapter may not be joined with an eviction suit or raised as a defense or crossclaim in it. Claims for damages or other complaints against your landlord usually have to be brought as a separate case. That doesn't mean they don't matter. Keep your records, because they can matter in a separate case.

What to gather.

Collect your lease, notices you received, written complaints and repair requests, copies of any letters from a code enforcement or housing official, repair invoices and receipts, photos, and texts or emails with your landlord. Having them organized makes it easier for an advocate or attorney to see whether a real defense exists. NeighborSTAND's Resources directory lists legal aid groups in Harris County.

Read the law yourself.

This is the wording from the Texas Legislature's own website, from Section 92.335 of the Property Code. Tap the picture to open the chapter.

Open Texas Property Code Chapter 92 on the Texas Legislature website