Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.155
CASUALTY LOSS.
Operative Text
Sec. 94.155. CASUALTY LOSS. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds.(b) If after a casualty loss the leased premises are as a practical matter totally unusable for the purposes for which the premises were leased and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law.(c) If after a casualty loss the leased premises are partially unusable for the purposes for which the premises were leased and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, the tenant is entitled to reduction in the rent in an amount proportionate to the extent the premises are unusable because of the casualty, but only on judgment of a county or district court. A landlord and tenant may agree otherwise in a written lease. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Under Tex. Prop. Code § 94.155, when a manufactured home lot or leased premises suffers a casualty loss—such as fire, hail, or explosion—the timeline for completing repairs does not start until the landlord actually receives insurance proceeds. If the damage renders the premises totally unusable and the tenant was not at fault, either party may end the lease in writing before repairs are finished, with the tenant receiving a pro-rated rent refund and any security deposit return required by law. When damage only partially affects usability and the tenant bears no fault, the tenant may be entitled to a proportional rent reduction, but that reduction requires a court judgment unless the parties have agreed otherwise in a written lease.
Plain English — not legal advice.
Operators subject to Tex. Prop. Code § 94.155 should be aware that their repair clock does not begin running until insurance proceeds are actually in hand following a covered casualty event. If the damage is total and the tenant was not at fault, a compliant landlord who chooses to terminate the lease provides written notice before repairs are complete and promptly refunds pro-rated rent from the move-out date along with any security deposit owed under applicable law. For partial damage situations, landlords who have negotiated alternative rent-reduction arrangements should ensure those terms are clearly documented in a written lease, as the statute otherwise leaves the matter to county or district court determination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 94.155 provides tenants with specific protections when a casualty event damages their leased premises through no fault of the tenant, a household member, or a guest. If the premises become totally unusable, a tenant who was not at fault has the right to terminate the lease by written notice before repairs are finished and to receive a pro-rated rent refund plus any security deposit the law requires to be returned. When damage is only partial, a tenant who believes they are entitled to a proportional rent reduction may pursue that claim through a county or district court, or may consult a tenant-rights organization to understand the available options under this provision.
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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation