Sec. 94.255. INVALID COMPLAINTS. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 94.251(a)(3), and a government building or housing inspector or utility company representative visits the manufactured home community and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith.
(b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the leased premises and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this subsection shall reflect the fair market rent of the leased premises plus $500.
Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Structure Texas Statutes
Chapter 94 - Manufactured Home Tenancies
Section 94.251. Retaliation by Landlord
Section 94.252. Restriction on Sale of Manufactured Home
Section 94.253. Nonretaliation
Section 94.254. Tenant Remedies
Section 94.255. Invalid Complaints
Section 94.256. Eviction Suits
Section 94.257. Possession of Firearm or Firearm Ammunition on Leased Premises