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Texas Property Code - Chapter 94 Manufactured Home TenanciesLegal Research Home > Texas Lawyer > Property Code > Texas Property Code - Chapter 94 Manufactured Home Tenancies In this chapter: (1) "Landlord" means the owner or manager of a manufactured home community and includes an employee or agent of the landlord. (2) ... (a) This chapter applies only to the relationship between a landlord who leases property in a manufactured home community and a tenant leasing property in ... A provision in a lease agreement or a manufactured home community rule that purports to waive a right or to exempt a landlord or a ... (a) Except as provided by this chapter, the landlord may not enter a tenant's manufactured home unless: (1) the tenant is present and gives consent; ... Each common area facility, if any, must be open or available to tenants. The landlord shall post the hours of operation or availability of the ... (a) Except as provided by Subsection (b), a landlord may not interfere with meetings by tenants of the manufactured home community related to manufactured home ... (a) A landlord shall accept a tenant's cash rental payment unless the lease agreement requires the tenant to make rental payments by check, money order, ... (a) A landlord may adopt manufactured home community rules that are not arbitrary or capricious. (b) Manufactured home community rules are considered part of the ... (a) If, at the time of signing a lease agreement or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant ... (a) A landlord shall disclose to a tenant, or to any governmental official or employee acting in an official capacity, according to this section: (1) ... (a) In a lawsuit by a tenant to enforce a legal obligation of the owner as landlord of the manufactured home community, the owner's agent ... Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. Added by Acts 2001, 77th Leg., ch. 801, ... At the time the landlord receives an application from a prospective tenant, the landlord shall give the tenant a copy of: (1) the proposed lease ... (a) A landlord shall offer the tenant a lease agreement with an initial lease term of at least six months. If the tenant requests a ... (a) A lease agreement must be: (1) typed or printed in legible handwriting; and (2) signed by the landlord and the tenant. (b) The landlord ... A tenant shall disclose to the landlord before the lease agreement is signed the name and address of any person who holds a lien on ... (a) The landlord shall provide a tenant a notice to vacate the leased premises or an offer of lease renewal: (1) not later than the ... A landlord may assess a penalty for late payment of rent or another fee or charge if the payment is not remitted on or before ... (a) A landlord may prohibit a tenant from assigning a lease agreement or subleasing the leased premises if the prohibition is included in the lease ... In this chapter, "security deposit" means any advance of money, other than a rental application deposit or an advance payment of rent, that is intended ... (a) At the time the tenant executes the initial lease agreement, the landlord may require a security deposit. (b) The landlord shall keep accurate records ... (a) Except as provided by this subchapter, the landlord shall refund the security deposit not later than the 30th day after the date the tenant ... (a) Except as provided by Subsection (b), a landlord who receives a security deposit or rent prepayment for a manufactured home lot from a tenant ... (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the ... (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is ... (a) A landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the ... (a) A tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid ... (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum ... By executing a lease agreement, the landlord warrants that the manufactured home lot is suitable for the installation of a manufactured home during the term ... The landlord shall: (1) comply with any code, statute, ordinance, and administrative rule applicable to the manufactured home community; (2) maintain all common areas, if ... (a) This section does not apply to a condition present in or on a tenant's manufactured home. (b) A landlord shall make a diligent effort ... (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 ... (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 ... (a) A landlord's liability under this section is subject to Section 94.153(c) regarding conditions that are caused by a tenant. (b) A landlord is liable ... (a) If the landlord is liable to the tenant under Section 94.156(b), the tenant may have the condition repaired or remedied and may deduct the ... (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 ... (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 ... (a) If a tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may ... A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by ... The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law ... (a) Except as provided by Subsection (b), the maximum amount a landlord may recover as damages for a tenant's early termination of a lease agreement ... (a) A landlord has a duty to mitigate damages if a tenant vacates the manufactured home lot before the end of the lease term. (b) ... (a) A landlord may prevent a tenant from entering the manufactured home lot, evict a tenant, or require the removal of a manufactured home from ... (a) A landlord may terminate a lease agreement to change the manufactured home community's land use only if: (1) not later than the 120th day ... A landlord may terminate the lease agreement and evict a tenant for a violation of a lease provision, including a manufactured home community rule incorporated ... A landlord may terminate the lease agreement and evict a tenant if: (1) the tenant fails to timely pay rent or other amounts due under ... (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises ... (a) The owner of a manufactured home may sell a home located on the leased premises if: (1) the purchaser is approved in writing by ... (a) A landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, ... In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord ... (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 ... In an eviction suit, retaliation by the landlord under Section 94.251 is a defense and a rent deduction lawfully made by the tenant under this ... A person may recover from a landlord who violates this chapter: (1) actual damages; (2) a civil penalty in an amount equal to two months' ... If the court finds that a tenant filed or prosecuted a suit under this chapter in bad faith or for purposes of harassment, the court ... (a) The provisions of this chapter are not exclusive and are in addition to any other remedy provided by other law. (b) A specific remedy ... Last modified: August 10, 2007 |