Texas Property Code Title 8, Chapter 94 - Manufactured Home Tenancies

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 94.001 - Definitions
  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)...
• Texas Section 94.002 - Applicability
  (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...
• Texas Section 94.003 - Waiver Of Rights And Duties
  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...
• Texas Section 94.004 - Landlord's Right Of Entry
  (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;...
• Texas Section 94.005 - Common Area Facilities
  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...
• Texas Section 94.006 - Tenant Meetings
  (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...
• Texas Section 94.007 - Cash Rental Payments
  (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,...
• Texas Section 94.008 - Manufactured Home Community Rules
  (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...
• Texas Section 94.009 - Notice To Tenant At Primary Residence
  (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...
• Texas Section 94.010 - Disclosure Of Ownership And Management
  (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)...
• Texas Section 94.011 - Landlord's Agent For Service Of Process
  (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...

SUBCHAPTER B LEASE AGREEMENT

• Texas Section 94.012 - Venue
  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,...
• Texas Section 94.051 - Information To Be Provided To Prospective Tenant
  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...
• Texas Section 94.052 - Term Of 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...
• Texas Section 94.053 - Lease Requirements And Disclosures
  (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...
• Texas Section 94.054 - Disclosure By Tenant Required
  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...
• Texas Section 94.055 - Notice Of Lease Renewal
  (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...
• Texas Section 94.056 - Penalty For Late Payment
  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...

SUBCHAPTER C SECURITY DEPOSIT

• Texas Section 94.057 - Assignment Of Lease And Sublease
  (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...
• Texas Section 94.101 - Security Deposit
  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...
• Texas Section 94.102 - Security Deposit Permitted
  (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...
• Texas Section 94.103 - Obligation To Refund
  (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...
• Texas Section 94.104 - Conditions For Retention Of Security Deposit Or Rent Prepayment
  (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...
• Texas Section 94.105 - Retention Of Security Deposit; Accounting
  (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...
• Texas Section 94.106 - Cessation Of Owner's Interest
  (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...
• Texas Section 94.107 - Tenant's Forwarding Address
  (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...
• Texas Section 94.108 - Liability For Withholding Last Month's Rent
  (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...

SUBCHAPTER D PREMISES CONDITION, MAINTENANCE, AND REPAIRS

• Texas Section 94.109 - Liability Of Landlord
  (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...
• Texas Section 94.151 - Warranty Of Suitability
  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...
• Texas Section 94.152 - Landlord's Maintenance Obligations
  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...
• Texas Section 94.153 - Landlord's Repair Obligations
  (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...
• Texas Section 94.154 - Burden Of Proof
  (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...
• Texas Section 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...
• Texas Section 94.156 - Landlord Liability And Tenant Remedies; Notice And Time For Repair
  (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...
• Texas Section 94.157 - Tenant's Repair And Deduct Remedies
  (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...
• Texas Section 94.158 - Landlord Affidavit For Delay
  (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...
• Texas Section 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...
• Texas Section 94.160 - Landlord Remedy For Tenant Violation
  (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...
• Texas Section 94.161 - Agents For Delivery Of Notice
  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...

SUBCHAPTER E TERMINATION, EVICTION, AND FORECLOSURE

• Texas Section 94.162 - Effect On Other Rights
  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...
• Texas Section 94.201 - Landlord's Remedy For Early Termination
  (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...
• Texas Section 94.202 - Landlord's Duty To Mitigate Damages
  (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)...
• Texas Section 94.203 - Eviction Procedures Generally
  (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...
• Texas Section 94.204 - Nonrenewal Of Lease For Change In Land Use
  (a) A landlord may choose not to renew a lease agreement to change the manufactured home community's land use only if not later than the...
• Texas Section 94.205 - Termination And Eviction For Violation Of Lease
  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...

SUBCHAPTER F PROHIBITED ACTS

• Texas Section 94.206 - Termination And Eviction For Nonpayment Of Rent
  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...
• Texas Section 94.251 - Retaliation By Landlord
  (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...
• Texas Section 94.252 - Restriction On Sale Of Manufactured Home
  (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...
• Texas Section 94.253 - Nonretaliation
  (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,...
• Texas Section 94.254 - Tenant Remedies
  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...
• Texas Section 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...

SUBCHAPTER G REMEDIES

• Texas Section 94.256 - Eviction Suits
  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...
• Texas Section 94.301 - Tenant's Remedies
  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'...
• Texas Section 94.302 - Landlord's Remedies
  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...
• Texas Section 94.303 - Cumulative Remedies
  (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: September 28, 2016