Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.159
TENANT'S JUDICIAL REMEDIES.
Operative Text
Sec. 94.159. TENANT'S JUDICIAL REMEDIES. (a) A tenant's judicial remedies under Section 94.156 shall include:(1) an order directing the landlord to take reasonable action to repair or remedy the condition;(2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the reduced rental value resulting from the condition until the condition is repaired or remedied;(3) a judgment against the landlord for a civil penalty of one month's rent plus $500;(4) a judgment against the landlord for the amount of the tenant's actual damages; and(5) court costs and attorney's fees, excluding any attorney's fees for a cause of action for damages relating to a personal injury.(b) A landlord who knowingly violates Section 94.003 by contracting with a tenant to waive the landlord's duty to repair under this subchapter shall be liable to the tenant for actual damages, a civil penalty of one month's rent plus $2,000, and reasonable attorney's fees. For purposes of this subsection, there shall be a rebuttable presumption that the landlord acted without knowledge of the violation. The tenant shall have the burden of pleading and proving a knowing violation. If the lease is not in violation of Section 94.003, the tenant's proof of a knowing violation must be clear and convincing. A mutual agreement for tenant repair under Section 94.157(i) is not a violation of Section 94.003.(c) The justice, county, and district courts have concurrent jurisdiction of an action under Subsection (a), except that the justice court may not order repairs under Subsection (a)(1). Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Texas Property Code § 94.159 sets out the court-ordered remedies available to a manufactured-home community tenant when a landlord fails to repair or remedy a condition as required under the subchapter. A court may order the landlord to make repairs, reduce the tenant's rent proportionally from the date of the first repair notice, and award a civil penalty of one month's rent plus $500, along with actual damages, court costs, and attorney's fees. If a landlord knowingly includes an illegal lease clause waiving the duty to repair under § 94.003, the penalty increases to one month's rent plus $2,000, and the landlord may also owe actual damages and reasonable attorney's fees.
Plain English — not legal advice.
Under § 94.159, property owners and managers in manufactured-home communities who fail to address repair obligations face a range of court-ordered consequences, including mandatory repair orders, proportional rent reductions dating back to the first repair notice, and civil penalties. Compliant operators generally respond promptly to written repair notices, avoid lease provisions that attempt to waive statutory repair duties under § 94.003, and document all maintenance actions taken. Because a knowing violation of § 94.003 carries a heightened penalty of one month's rent plus $2,000, operators typically ensure their lease agreements are reviewed for compliance with the repair-duty requirements of this subchapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 94.159 of the Texas Property Code outlines the judicial remedies a manufactured-home community tenant may pursue when a landlord fails to repair or remedy a condition after proper notice under § 94.156. Available remedies can include a court order compelling repairs, a rent reduction calculated from the date of the first repair notice, a civil penalty, actual damages, and attorney's fees. Tenants who believe their landlord has violated these provisions may file in justice, county, or district court—noting that justice courts cannot order repairs—and may also consider reaching out to a local tenant-rights organization for general information about the process.
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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