Texas Property Code
§ 94.158 — LANDLORD AFFIDAVIT FOR DELAY
PR § 94.158Title 8. LANDLORD AND TENANT · Ch. 94. MANUFACTURED HOME TENANCIES · Art. D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS
Statute text
View on source(a)The tenant must delay contracting for repairs under Section 94.157 if, before the tenant contracts for the repairs, the landlord delivers to the tenant an affidavit signed and sworn to under oath by the landlord or the landlord's authorized agent and complying with this section.
(b)The affidavit must summarize the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairers contacted by the owner.
(c)Affidavits under this section may delay repair by the tenant for:
(1)15 days if the landlord's failure to repair is caused by a delay in obtaining necessary parts for which the landlord is not at fault; or
(2)30 days if the landlord's failure to repair is caused by a general shortage of labor or materials for repair following a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm.
(d)Affidavits for delay based on grounds other than those listed in Subsection (c) are unlawful and, if used, are of no effect. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant.
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Legislative history
Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.