Tex. Prop. Code Section 94.155
Casualty Loss

(a)

If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds.

(b)

If after a casualty loss the leased premises are as a practical matter totally unusable for the purposes for which the premises were leased and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant’s family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law.

(c)

If after a casualty loss the leased premises are partially unusable for the purposes for which the premises were leased and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant’s family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. A landlord and tenant may agree otherwise in a written lease.
Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.

Source: Section 94.155 — Casualty Loss, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­94.­htm#94.­155 (accessed Apr. 20, 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
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 94.155’s source at texas​.gov