You need to be very careful doing that. What you are doing could be construed as retaliatory/targeting.
However, if you can justify it reasonably, then go for it.
Good reasons:
" Mr. Jones consistently pays late, your Honor, so we believe the higher rent increase is justified."
" Your Honor, Mr. Jones has a dog that is constantly pooping in the common area and he refuses to clean it up"
“Mr. Jones has a premium spot with lots of trees, and it’s near the pool.”
Bad Reasons:
“Your Honor, we are trying to raise Mr. Jones’ rent so it’s too high for him and he needs to move out.”
“Your Honor, Mr. Jones and I got into an argument over XYZ a while back, and so I want to charge him more.”
“Mr. Jones complains a lot, and his neighbors don’t like him, so we gave him a bigger rent increase.”
I specifically worded this as if you are trying to defend yourself in court.
Texas Property Code § 92.331 and § 92.332
Sec. 92.331. RETALIATION BY LANDLORD. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:
(1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;
(2) gives a landlord a notice to repair or exercise a remedy under this chapter;
(3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:
(A) claims a building or housing code violation or utility problem; and
(B) believes in good faith that the complaint is valid and that the violation or problem occurred; or
(4) establishes, attempts to establish, or participates in a tenant organization.
(b) A landlord may not, within six months after the date of the tenant’s action under Subsection (a), retaliate against the tenant by:
(1) filing an eviction proceeding, except for the grounds stated by Section 92.332;
(2) depriving the tenant of the use of the premises, except for reasons authorized by law;
(3) decreasing services to the tenant;
(4) increasing the tenant’s rent or terminating the tenant’s lease; or
(5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant’s rights under the tenant’s lease.
Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(a) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 588 (S.B. 630), Sec. 2, eff. January 1, 2014.
Sec. 92.332. NONRETALIATION. (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, nor is the landlord liable, unless the action violates a prior court order under Section 92.0563, for:
(1) increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or
(2) increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project.
(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 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 92.331 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.
Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993. Redesignated from Property Code Sec. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1
Hernandez v. Gallardo
Dallas Housing Authority v. Nelson