Sec. 92.053. 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 92.052.
(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 he made a diligent effort to repair and that a reasonable time for repair did not elapse.
Acts 1983, 68th Leg., p. 3633, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Structure Texas Statutes
Chapter 92 - Residential Tenancies
Subchapter B. Repair or Closing of Leasehold
Section 92.052. Landlord's Duty to Repair or Remedy
Section 92.053. Burden of Proof
Section 92.055. Closing the Rental Premises
Section 92.056. Landlord Liability and Tenant Remedies; Notice and Time for Repair
Section 92.0561. Tenant's Repair and Deduct Remedies
Section 92.0562. Landlord Affidavit for Delay
Section 92.0563. Tenant's Judicial Remedies
Section 92.058. Landlord Remedy for Tenant Violation
Section 92.060. Agents for Delivery of Notice