Texas Property Code 92.053 – Burden of Proof
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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 § 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.
Terms Used In Texas Property Code 92.053
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005