Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.256
EVICTION SUITS.
Operative Text
Sec. 94.256. EVICTION SUITS. In an eviction suit, retaliation by the landlord under Section 94.251 is a defense and a rent deduction lawfully made by the tenant under this chapter is a defense for nonpayment of the rent to the extent allowed by this chapter. Other judicial actions under this chapter, excluding an action that would be permitted under Chapter 24, may not be joined with an eviction suit or asserted as a defense or cross-claim in an eviction suit. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Section 94.256 of the Texas Property Code governs what defenses and claims may be raised in an eviction suit involving a manufactured home community. Under this provision, a tenant may assert landlord retaliation (as defined in § 94.251) or a lawful rent deduction made under Chapter 94 as a defense to a nonpayment-of-rent eviction. However, other legal claims arising under Chapter 94 that fall outside the scope of Chapter 24 (the general eviction statute) cannot be joined to, or raised as a defense or cross-claim within, an eviction proceeding.
Plain English — not legal advice.
Landlords operating manufactured home communities in Texas should be aware that § 94.256 limits the scope of eviction proceedings. A compliant operator avoids taking retaliatory actions against tenants, since retaliation under § 94.251 is an expressly recognized defense that a tenant may raise in court. Operators also understand that eviction suits are generally kept narrow in scope—claims beyond those permitted under Chapter 24 must be pursued in separate legal actions rather than folded into an eviction case.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 94.256 gives tenants in manufactured home communities specific tools to use in an eviction proceeding. If a landlord has retaliated against you as defined in § 94.251, or if you made a rent deduction that is lawfully permitted under Chapter 94, those facts can serve as defenses in an eviction suit for nonpayment of rent. Tenants who believe these defenses may apply to their situation can consult a tenant-rights organization or legal aid provider familiar with Texas manufactured housing law to understand the available options.
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.
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