Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.255
INVALID COMPLAINTS.
Operative Text
Sec. 94.255. INVALID COMPLAINTS. (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 94.251(a)(3), and a government building or housing inspector or utility company representative visits the manufactured home community and determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith.(b) If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the leased premises and may recover from the tenant a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this subsection shall reflect the fair market rent of the leased premises plus $500. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Section 94.255 of the Texas Property Code addresses situations where a tenant's retaliation complaint is found to be without merit in a manufactured home community context. If a government inspector or utility representative visits the property and issues a written determination that no code violation or utility problem exists, the law establishes a rebuttable presumption that the tenant acted in bad faith when filing or pursuing the suit. A tenant who is found to have acted in bad faith may face financial consequences, while a landlord who successfully establishes bad faith may be entitled to recover possession of the premises along with monetary damages.
Plain English — not legal advice.
Under Tex. Prop. Code § 94.255, operators of manufactured home communities have a defined path when a tenant pursues a retaliatory-action suit that lacks merit. Compliant operators generally document all inspection outcomes carefully, particularly written determinations from government building or housing inspectors or utility company representatives confirming that no violation or utility problem exists, as these records support the rebuttable presumption of bad faith. When bad faith is established, § 94.255 allows a landlord to seek recovery of possession, a civil penalty equal to one month's rent plus $500 (or fair market rent plus $500 if the tenant receives a government rent subsidy), court costs, and reasonable attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 94.255 of the Texas Property Code creates real consequences for tenants in manufactured home communities who file or pursue retaliation suits based on complaints that are later found to be unfounded. If a government inspector or utility representative issues a written finding that no code violation or utility problem exists, a court may presume the tenant acted in bad faith — though that presumption can be rebutted with evidence. Tenants who believe their complaint is legitimate may wish to consult a tenant-rights organization or legal aid provider familiar with § 94.255 to understand how the bad-faith standard applies and what documentation may help support their position.
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 In
Rules and statutes that cite this regulation