Tex. Prop. Code Section 94.154
Burden of Proof


(a)

Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the landlord’s failure to repair or remedy a condition under Section 94.153 (Landlord’s Repair Obligations).

(b)

If the landlord does not provide a written explanation for delay in performing a duty to repair or remedy on or before the fifth day after receiving from the tenant a written demand for an explanation, the landlord has the burden of proving that the landlord made a diligent effort to repair and that a reasonable time for repair did not elapse.
Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.

Source: Section 94.154 — Burden of Proof, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­94.­htm#94.­154 (accessed Mar. 23, 2024).

94.001
Definitions
94.002
Applicability
94.003
Waiver of Rights and Duties
94.004
Landlord’s Right of Entry
94.005
Common Area Facilities
94.006
Tenant Meetings
94.007
Cash Rental Payments
94.008
Manufactured Home Community Rules
94.009
Notice to Tenant at Primary Residence
94.010
Disclosure of Ownership and Management
94.011
Landlord’s Agent for Service of Process
94.012
Venue
94.051
Information to Be Provided to Prospective Tenant
94.052
Term of Lease
94.053
Lease Requirements and Disclosures
94.054
Disclosure by Tenant Required
94.055
Notice of Lease Renewal
94.056
Penalty for Late Payment
94.057
Assignment of Lease and Sublease
94.101
Security Deposit
94.102
Security Deposit Permitted
94.103
Obligation to Refund
94.104
Conditions for Retention of Security Deposit or Rent Prepayment
94.105
Retention of Security Deposit
94.106
Cessation of Owner’s Interest
94.107
Tenant’s Forwarding Address
94.108
Liability for Withholding Last Month’s Rent
94.109
Liability of Landlord
94.151
Warranty of Suitability
94.152
Landlord’s Maintenance Obligations
94.153
Landlord’s Repair Obligations
94.154
Burden of Proof
94.155
Casualty Loss
94.156
Landlord Liability and Tenant Remedies
94.157
Tenant’s Repair and Deduct Remedies
94.158
Landlord Affidavit for Delay
94.159
Tenant’s Judicial Remedies
94.160
Landlord Remedy for Tenant Violation
94.161
Agents for Delivery of Notice
94.162
Effect on Other Rights
94.201
Landlord’s Remedy for Early Termination
94.202
Landlord’s Duty to Mitigate Damages
94.203
Eviction Procedures Generally
94.204
Nonrenewal of Lease for Change in Land Use
94.205
Termination and Eviction for Violation of Lease
94.206
Termination and Eviction for Nonpayment of Rent
94.251
Retaliation by Landlord
94.252
Restriction on Sale of Manufactured Home
94.253
Nonretaliation
94.254
Tenant Remedies
94.255
Invalid Complaints
94.256
Eviction Suits
94.257
Possession of Firearm or Firearm Ammunition on Leased Premises
94.301
Tenant’s Remedies
94.302
Landlord’s Remedies
94.303
Cumulative Remedies

Accessed:
Mar. 23, 2024

§ 94.154’s source at texas​.gov