Texas Statutes
Subchapter D. Premises Condition, Maintenance, and Repairs
Section 94.154. Burden of Proof

Sec. 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.
(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.

Structure Texas Statutes