Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.154
BURDEN OF PROOF.
Operative Text
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.
Under Texas Property Code § 94.154, when a tenant takes a landlord to court over a failure to repair or remedy a condition, the tenant generally bears the burden of proving their case. However, this shifts: if the landlord fails to provide a written explanation for any repair delay within five days of receiving the tenant's written request for one, the burden flips to the landlord, who must then prove they made a diligent repair effort and that a reasonable repair window had not yet passed. This burden-shifting rule is specific to manufactured home community tenancies governed by Chapter 94.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code § 94.154 should be aware that responding promptly and in writing to tenant requests for repair-delay explanations is a standard practice for maintaining their procedural position in any potential dispute. If a written explanation is not provided within five business days of receiving a tenant's written demand, the operator assumes the burden of demonstrating diligent repair efforts in court. Keeping dated records of repair requests, written responses, contractor communications, and completed work helps document compliance with the diligence standard the statute references.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 94.154 establishes that tenants in manufactured home communities generally carry the burden of proof when suing over a landlord's failure to repair, but this can change based on the landlord's responsiveness. If a tenant sends a written demand asking the landlord to explain a repair delay and the landlord does not respond in writing within five days, the law shifts the burden onto the landlord in any resulting court action. Tenants who believe their repair rights under Chapter 94 have been violated may consider documenting all written communications, consulting a tenant-rights organization, or exploring available judicial remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes that cite this regulation