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Texas Property Code

§ 92.053 — BURDEN OF PROOF

PR § 92.053Title 8. LANDLORD AND TENANT · Ch. 92. RESIDENTIAL TENANCIES · Art. B. REPAIR OR CLOSING OF LEASEHOLD

Statute text

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(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.

Legislative history

Acts 1983, 68th Leg., p. 3633, ch. 576, Sec. 1, eff. Jan. 1, 1984.