76R12270 PAM-F By Dukes, Ehrhardt, Solis of Cameron, Maxey H.B. No. 2015 Substitute the following for H.B. No. 2015: By Dukes C.S.H.B. No. 2015 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to regulating leasing in certain manufactured home 1-3 communities; providing penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The legislature finds that unique circumstances 1-6 exist in the relationship between a landlord of a manufactured home 1-7 community and a tenant leasing a lot in a manufactured home 1-8 community. Because of these unique circumstances, inherently real 1-9 and substantial differences exist in this relationship as 1-10 distinguished from other landlord-tenant relationships. 1-11 SECTION 2. Title 8, Property Code, is amended by adding 1-12 Chapter 94 to read as follows: 1-13 CHAPTER 94. MANUFACTURED HOME TENANCIES 1-14 SUBCHAPTER A. GENERAL PROVISIONS 1-15 Sec. 94.001. DEFINITIONS. In this chapter: 1-16 (1) "Landlord" means the owner or manager of a 1-17 manufactured home community and includes an employee or agent of 1-18 the landlord. 1-19 (2) "Lease agreement" means a written agreement 1-20 between a landlord and a tenant that establishes the terms, 1-21 conditions, and other provisions for placing a manufactured home on 1-22 the premises of a manufactured home community. 1-23 (3) "Manufactured home" has the meaning assigned by 1-24 Section 3, Texas Manufactured Housing Standards Act (Article 5221f, 2-1 Vernon's Texas Civil Statutes). 2-2 (4) "Manufactured home lot" means the space allocated 2-3 in the lease agreement for the placement of the tenant's 2-4 manufactured home and the area adjacent to that space designated 2-5 for the tenant's exclusive use. 2-6 (5) "Manufactured home community" means a parcel of 2-7 land on which four or more lots are offered for lease for 2-8 installing and occupying manufactured homes. 2-9 (6) "Manufactured home community rules" means the 2-10 rules provided in a written document that establish the policies 2-11 and regulations relating to the use, occupancy, and quiet enjoyment 2-12 of and the health, safety, and welfare of tenants of the 2-13 manufactured home community. 2-14 (7) "Normal wear and tear" means deterioration that 2-15 results from intended use of the premises, including breakage or 2-16 malfunction due to age or deteriorated condition, but the term does 2-17 not include deterioration that results from negligence, 2-18 carelessness, accident, or abuse of the premises, equipment, or 2-19 chattels by the tenant, a member of the tenant's household, or a 2-20 guest or invitee of the tenant. 2-21 (8) "Premises" means a tenant's manufactured home lot, 2-22 any area or facility the lease authorizes the tenant to use, and 2-23 the appurtenances, grounds, and facilities held out for the use of 2-24 tenants generally. 2-25 (9) "Tenant" means a person who is authorized by a 2-26 lease agreement to occupy a lot in a manufactured home community. 2-27 Sec. 94.002. APPLICABILITY. (a) This chapter applies only 3-1 to the relationship between a landlord who leases property in a 3-2 manufactured home community and a tenant leasing property in the 3-3 manufactured home community. 3-4 (b) This chapter does not apply to the relationship between: 3-5 (1) a landlord who owns a manufactured home and a 3-6 tenant who leases the manufactured home from the landlord; or 3-7 (2) a landlord who leases property in a manufactured 3-8 home community and a tenant leasing property in the manufactured 3-9 home community for the placement of personal property to be used 3-10 for human habitation, including a recreational vehicle and 3-11 excluding a manufactured home. 3-12 Sec. 94.003. WAIVER OF RIGHTS AND OBLIGATIONS. A provision 3-13 in a lease agreement or a manufactured home community rule that 3-14 waives or limits a right granted to a tenant or an obligation 3-15 imposed on a landlord under this chapter is void and unenforceable. 3-16 Sec. 94.004. LANDLORD'S RIGHT OF ENTRY. (a) Except as 3-17 provided by this section, the landlord may not enter a tenant's 3-18 manufactured home unless: 3-19 (1) the tenant is present and gives consent; or 3-20 (2) the tenant has previously given written consent. 3-21 (b) The written consent under Subsection (a)(2) must specify 3-22 the date and time entry is permitted and is valid only for the date 3-23 and time specified. The tenant may revoke the consent without 3-24 penalty at any time by notifying the landlord in writing that the 3-25 consent has been revoked. 3-26 (c) The landlord may enter the tenant's manufactured home in 3-27 a reasonable manner and at a reasonable time if: 4-1 (1) an emergency exists; or 4-2 (2) the tenant abandons the manufactured home. 4-3 Sec. 94.005. COMMON AREA FACILITIES. Each common area 4-4 facility must be open or available to tenants. The landlord shall 4-5 post the hours of operation or availability of the facility in a 4-6 conspicuous place at the facility. 4-7 Sec. 94.006. TENANT MEETINGS. (a) Except as provided by 4-8 Subsection (b), a landlord may not interfere with meetings by 4-9 tenants of the manufactured home community related to manufactured 4-10 home living. 4-11 (b) Any limitations on meetings by tenants in the common 4-12 area facilities must be included in the manufactured home community 4-13 rules. 4-14 Sec. 94.007. CASH RENTAL PAYMENTS. (a) A landlord shall 4-15 accept a tenant's cash rental payment unless the lease agreement 4-16 requires the tenant to make rental payments by check, money order, 4-17 or other traceable or negotiable instrument. 4-18 (b) A landlord who receives a cash rental payment shall: 4-19 (1) provide the tenant with a written receipt; and 4-20 (2) enter the payment date and amount in a record book 4-21 maintained by the landlord. 4-22 (c) A tenant or a governmental entity or civic association 4-23 acting on the tenant's behalf may file suit against a landlord to 4-24 enjoin a violation of this section. 4-25 Sec. 94.008. MANUFACTURED HOME COMMUNITY RULES. (a) A 4-26 landlord may adopt reasonable manufactured home community rules. 4-27 (b) Manufactured home community rules are considered part of 5-1 the lease agreement regardless of whether the rules are expressly 5-2 included in the lease. 5-3 (c) The landlord may add to or amend manufactured home 5-4 community rules. If the landlord adds or amends a rule, the rule 5-5 is not effective until the 30th day after the date each tenant is 5-6 provided with a written copy of the added or amended rule. 5-7 Sec. 94.009. NOTICE TO TENANT AT PRIMARY RESIDENCE. (a) 5-8 If, at the time of signing a lease agreement or lease renewal, a 5-9 tenant gives written notice to the tenant's landlord that the 5-10 tenant does not occupy the manufactured home lot as a primary 5-11 residence and requests in writing that the landlord send notices to 5-12 the tenant at the tenant's primary residence and provides to the 5-13 landlord the address of the tenant's primary residence, the 5-14 landlord shall mail to the tenant's primary residence all notices 5-15 required by the lease agreement, by this chapter, or by Chapter 24. 5-16 (b) The tenant shall notify the landlord in writing of any 5-17 change in the tenant's primary residence address. Oral notices of 5-18 change are insufficient. 5-19 (c) A notice to a tenant's primary residence under 5-20 Subsection (a) may be sent by regular United States mail and is 5-21 considered as having been given on the date of postmark of the 5-22 notice. 5-23 (d) If there is more than one tenant on a lease agreement, 5-24 the landlord is not required under this section to send notices to 5-25 the primary residence of more than one tenant. 5-26 (e) This section does not apply if notice is actually hand 5-27 delivered to and received by a person occupying the leased 6-1 premises. 6-2 Sec. 94.010. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A 6-3 landlord shall disclose to a tenant, or to any governmental 6-4 official or employee acting in an official capacity, according to 6-5 this section: 6-6 (1) the name and either a street or post office box 6-7 address of the holder of record title, according to the deed 6-8 records in the county clerk's office, of the premises leased by the 6-9 tenant or inquired about by the governmental official or employee 6-10 acting in an official capacity; and 6-11 (2) if an entity located off-site from the 6-12 manufactured home community is primarily responsible for managing 6-13 the leased premises, the name and street address of that entity. 6-14 (b) Disclosure to a tenant under Subsection (a) must be made 6-15 by: 6-16 (1) giving the information in writing to the tenant on 6-17 or before the seventh day after the date the landlord receives the 6-18 tenant's written request for the information; 6-19 (2) continuously posting the information in a 6-20 conspicuous place in the manufactured home community or the office 6-21 of the on-site manager or on the outside of the entry door to the 6-22 office of the on-site manager on or before the seventh day after 6-23 the date the landlord receives the tenant's written request for the 6-24 information; or 6-25 (3) including the information in a copy of the 6-26 tenant's lease or in written manufactured home community rules 6-27 given to the tenant before the tenant requests the information. 7-1 (c) Disclosure of information to a tenant may be made under 7-2 Subsection (b)(1) or (2) before the tenant requests the 7-3 information. 7-4 (d) Disclosure of information to a governmental official or 7-5 employee must be made by giving the information in writing to the 7-6 official or employee on or before the seventh day after the date 7-7 the landlord receives a written request for the information from 7-8 the official or employee. 7-9 (e) A correction to the information may be made by any of 7-10 the methods authorized and must be made within the period 7-11 prescribed by this section for providing the information. 7-12 (f) For the purposes of this section, an owner or property 7-13 manager may disclose either an actual name or an assumed name if an 7-14 assumed name certificate has been recorded with the county clerk. 7-15 (g) A landlord who provides information under this section 7-16 violates this section if: 7-17 (1) the information becomes incorrect because a name 7-18 or address changes; and 7-19 (2) the landlord fails to correct the information 7-20 given to a tenant on or before the 15th day after the date the 7-21 information becomes incorrect. 7-22 Sec. 94.011. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (a) 7-23 In a lawsuit by a tenant to enforce a legal obligation of the owner 7-24 as landlord of the manufactured home community, the owner's agent 7-25 for service of process is determined according to this section. 7-26 (b) The owner's management company, on-site manager, or rent 7-27 collector for the manufactured home community is the owner's 8-1 authorized agent for service of process unless the owner's name and 8-2 business street address have been furnished in writing to the 8-3 tenant. 8-4 Sec. 94.012. VENUE. Venue for an action under this chapter 8-5 is governed by Section 15.0115, Civil Practice and Remedies Code. 8-6 (Sections 94.013-94.050 reserved for expansion 8-7 SUBCHAPTER B. LEASE AGREEMENT 8-8 Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE 8-9 TENANT. At the time the landlord receives an application from a 8-10 prospective tenant, the landlord shall give the tenant a copy of: 8-11 (1) the proposed lease agreement for the manufactured 8-12 home community; and 8-13 (2) any manufactured home community rules. 8-14 Sec. 94.052. TERM OF LEASE. (a) A landlord shall offer the 8-15 tenant a lease agreement with a term of one year, six months, or 8-16 one month. The tenant may choose any lease term offered. 8-17 (b) This section does not apply to the landlord of a 8-18 manufactured home community who only offers lease agreements with a 8-19 term of one year or more. 8-20 Sec. 94.053. LEASE REQUIREMENTS AND DISCLOSURES. (a) A 8-21 lease agreement must be: 8-22 (1) typed or printed in legible handwriting; and 8-23 (2) signed by the landlord and the tenant. 8-24 (b) The landlord shall provide the tenant with a copy of the 8-25 lease agreement after the lease has been signed. 8-26 (c) A lease agreement must contain the following 8-27 information: 9-1 (1) the address or number of the manufactured home lot 9-2 and the number and location of any accompanying parking spaces; 9-3 (2) the lease term and a disclosure informing the 9-4 tenant of the tenant's right to renew the lease as provided by 9-5 Section 94.055; 9-6 (3) the rental amount and the method for calculating 9-7 the amount of any change in the rental amount during the lease 9-8 term; 9-9 (4) the interval at which rent must be paid and the 9-10 date on which periodic rental payments are due; 9-11 (5) any late charge or fee or charge for any service 9-12 or facility and the method for calculating the amount of any change 9-13 in the fee or charge during the lease term; 9-14 (6) the amount of any security deposit; 9-15 (7) a description of the landlord's maintenance 9-16 responsibilities; 9-17 (8) the telephone number of the person who may be 9-18 contacted for emergency maintenance; 9-19 (9) the name and address of the person designated to 9-20 accept official notices for the landlord; 9-21 (10) the penalty the landlord may impose for the 9-22 tenant's early termination as provided by Section 94.201; 9-23 (11) the grounds for eviction as provided by 9-24 Subchapter E; 9-25 (12) a disclosure of the landlord's right to terminate 9-26 the lease agreement if there is a change in the land use of the 9-27 manufactured home community during the lease term as provided by 10-1 Section 94.205; 10-2 (13) the manufactured home community rules and a 10-3 description of the procedures for amending the rules; 10-4 (14) a prominent disclosure informing the tenant that 10-5 Chapter 94, Property Code, governs certain rights granted to the 10-6 tenant and obligations imposed on the landlord by law; 10-7 (15) if there is a temporary zoning permit for the 10-8 land use of the manufactured home community, the date the zoning 10-9 permit expires; and 10-10 (16) any other terms or conditions of occupancy. 10-11 (d) A lease provision requiring an increase in rent or in 10-12 fees or charges during the lease term must be initialed by the 10-13 tenant or the provision is void. 10-14 (e) A lease agreement that contains a provision that is 10-15 illegal or unconscionable is void. 10-16 Sec. 94.054. STATUTORY LEASE TERMS IMPLIED AS MATTER OF LAW. 10-17 Each lease term required by this chapter is considered included in 10-18 a lease agreement as a matter of law. 10-19 Sec. 94.055. RENEWAL OF LEASE. (a) At the expiration of a 10-20 lease agreement, the agreement is automatically renewed for the 10-21 lease period and under the same terms as the previous lease 10-22 agreement unless: 10-23 (1) the tenant notifies the landlord not later than 10-24 the 60th day before the date the lease agreement terminates that 10-25 the tenant intends to surrender the manufactured home lot; or 10-26 (2) the landlord changes the lease terms as provided 10-27 by this section. 11-1 (b) Not later than the 90th day before the date the lease 11-2 agreement terminates, the landlord shall offer the tenant a renewal 11-3 lease agreement. The renewal offer must disclose the proposed 11-4 rental amount and any other change in the lease terms. 11-5 Sec. 94.056. PENALTY FOR LATE PAYMENT. A landlord may 11-6 assess a penalty for late payment of rent or another fee or charge 11-7 if the payment is not remitted before the fifth day after the date 11-8 the payment is due. 11-9 (Sections 94.057-94.100 reserved for expansion 11-10 SUBCHAPTER C. SECURITY DEPOSIT 11-11 Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security 11-12 deposit" means any advance of money, other than a rental 11-13 application deposit or an advance payment of rent, that is intended 11-14 primarily to secure performance under a lease of a lot in a 11-15 manufactured home community that has been entered into by a 11-16 landlord and a tenant. 11-17 Sec. 94.102. SECURITY DEPOSIT PERMITTED. (a) At the time 11-18 the tenant executes the initial lease agreement, the landlord may 11-19 require a security deposit. 11-20 (b) The landlord shall keep accurate records relating to 11-21 security deposits. 11-22 Sec. 94.103. OBLIGATION TO REFUND. (a) Except as provided 11-23 by this subchapter, the landlord shall refund the security deposit 11-24 not later than the 30th day after the date the tenant surrenders 11-25 the manufactured home lot. 11-26 (b) The tenant's claim to the security deposit takes 11-27 priority over the claim of any creditor of the landlord, including 12-1 a trustee in bankruptcy. 12-2 Sec. 94.104. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR 12-3 RENT PREPAYMENT. (a) Except as provided by Subsection (b), a 12-4 landlord who receives a security deposit or rent prepayment for a 12-5 manufactured home lot from a tenant who fails to occupy the lot 12-6 according to a lease agreement between the landlord and the tenant 12-7 may not retain the security deposit or rent prepayment if: 12-8 (1) the tenant secures a replacement tenant 12-9 satisfactory to the landlord and the replacement tenant occupies 12-10 the lot on or before the commencement date of the lease; or 12-11 (2) the landlord secures a replacement tenant 12-12 satisfactory to the landlord and the replacement tenant occupies 12-13 the lot on or before the commencement date of the lease. 12-14 (b) If the landlord secures the replacement tenant, the 12-15 landlord may retain and deduct from the security deposit or rent 12-16 prepayment either: 12-17 (1) an amount agreed to in the lease agreement as a 12-18 lease cancellation fee; or 12-19 (2) actual expenses incurred by the landlord in 12-20 securing the replacement tenant, including a reasonable amount for 12-21 the time spent by the landlord in securing the replacement tenant. 12-22 Sec. 94.105. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) 12-23 Before returning a security deposit, the landlord may deduct from 12-24 the deposit damages and charges for which the tenant is legally 12-25 liable under the lease agreement or as a result of breaching the 12-26 lease. 12-27 (b) The landlord may not retain any portion of a security 13-1 deposit to cover normal wear and tear. 13-2 (c) If the landlord retains all or part of a security 13-3 deposit under this section, the landlord shall give to the tenant 13-4 the balance of the security deposit, if any, together with a 13-5 written description and itemized list of all deductions. The 13-6 landlord is not required to give the tenant a description and 13-7 itemized list of deductions if: 13-8 (1) the tenant owes rent when the tenant surrenders 13-9 possession of the manufactured home lot; and 13-10 (2) no controversy exists concerning the amount of 13-11 rent owed. 13-12 Sec. 94.106. LIABILITY OF LANDLORD. A landlord who fails to 13-13 comply with this subchapter is not entitled to recover amounts that 13-14 may be due under this chapter and must immediately remit to the 13-15 tenant the full amount of the security deposit. 13-16 (Sections 94.107-94.150 reserved for expansion 13-17 SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS 13-18 Sec. 94.151. WARRANTY OF HABITABILITY. By executing a lease 13-19 agreement, the landlord covenants and warrants that the 13-20 manufactured home lot is suitable for the installation of a 13-21 manufactured home. 13-22 Sec. 94.152. LANDLORD'S MAINTENANCE OBLIGATIONS. The 13-23 landlord shall: 13-24 (1) comply with any code, statute, ordinance, and 13-25 administrative rule applicable to the manufactured home community; 13-26 (2) maintain all common areas of the manufactured home 13-27 community in a clean and useable condition; 14-1 (3) maintain all utility lines installed in the 14-2 manufactured home community by the landlord; 14-3 (4) maintain individual mailboxes for the tenants in 14-4 accordance with United States Postal Service regulations unless 14-5 mailboxes are permitted to be located on the tenant's manufactured 14-6 home lot; 14-7 (5) maintain roads in the manufactured home community 14-8 in a manner that provides access to each tenant's manufactured home 14-9 lot; 14-10 (6) exterminate rodents and other pests dangerous to 14-11 the health and safety of tenants in the common areas of the 14-12 manufactured home community; 14-13 (7) remove garbage and other waste incidental to the 14-14 occupancy of the manufactured home lot; 14-15 (8) repair or remedy conditions on the premises that 14-16 pose a substantial health or safety risk to tenants of the 14-17 manufactured home community; and 14-18 (9) maintain the integrity of the foundation of the 14-19 manufactured home lot unless the integrity of the foundation is 14-20 compromised as the result of: 14-21 (A) incorrect installation of the manufactured 14-22 home by a person other than the landlord; or 14-23 (B) negligent maintenance of the foundation by 14-24 the tenant, including the failure to periodically level the 14-25 manufactured home or prevent leaks originating within the 14-26 manufactured home. 14-27 Sec. 94.153. LANDLORD'S REPAIR OBLIGATIONS. (a) A landlord 15-1 shall make a diligent effort to repair or remedy a condition if: 15-2 (1) the tenant specifies the condition in a notice to 15-3 the person to whom or to the place at which rent is normally paid; 15-4 (2) the tenant is not delinquent in the payment of 15-5 rent at the time notice is given; and 15-6 (3) the condition materially affects the physical 15-7 health or safety of an ordinary tenant. 15-8 (b) Unless the condition was caused by normal wear and tear, 15-9 the landlord does not have a duty during the lease term or a 15-10 renewal or extension to repair or remedy a condition caused by: 15-11 (1) the tenant; 15-12 (2) a lawful occupant of the tenant's manufactured 15-13 home lot; 15-14 (3) a member of the tenant's family; or 15-15 (4) a guest or invitee of the tenant. 15-16 Sec. 94.154. TENANT'S REPAIR AND DEDUCTION REMEDIES. (a) 15-17 If the landlord fails to comply with Section 94.153, the tenant may 15-18 have the condition repaired or remedied and may deduct the cost 15-19 from a subsequent rent payment as provided by this section. 15-20 (b) Except as provided by this subsection, the tenant's 15-21 deduction for the cost of the repair or remedy may not exceed the 15-22 amount of one month's rent under the lease agreement or $500, 15-23 whichever is greater. If the tenant's rent is subsidized in whole 15-24 or in part by a governmental agency, the deduction limitation of 15-25 one month's rent means the fair market rent for the manufactured 15-26 home lot and not the rent that the tenant pays. The governmental 15-27 agency subsidizing the rent shall determine the fair market rent. 16-1 If the governmental agency does not make a determination, the fair 16-2 market rent means a reasonable amount of rent under the 16-3 circumstances. 16-4 (c) Repairs and deductions under this section may be made as 16-5 often as necessary provided that the total repairs and deductions 16-6 in any one month may not exceed one month's rent or $500, whichever 16-7 is greater. 16-8 (d) Repairs under this section may be made only if all of 16-9 the following requirements are met: 16-10 (1) the landlord has a duty to repair or remedy the 16-11 condition under Section 94.153 and the duty has not been waived by 16-12 the tenant in a written lease agreement; 16-13 (2) the tenant has given notice to the landlord in the 16-14 same manner as prescribed by Section 92.056(b)(1) and, if required 16-15 under Section 92.056(b)(3), a subsequent notice in the same manner 16-16 as prescribed by that subsection; and 16-17 (3) any one of the following events has occurred: 16-18 (A) the landlord has failed to remedy the backup 16-19 or overflow of raw sewage inside the tenant's manufactured home 16-20 that results from a condition in the utility lines installed in the 16-21 manufactured home community by the landlord; 16-22 (B) the landlord has expressly or impliedly 16-23 agreed in the lease agreement to furnish potable water to the 16-24 tenant's manufactured home lot and the water service to the lot has 16-25 totally ceased; or 16-26 (C) the landlord has been notified in writing by 16-27 the appropriate local housing, building, or health official or 17-1 other official having jurisdiction that a condition existing on the 17-2 manufactured home lot materially affects the health or safety of an 17-3 ordinary tenant. 17-4 (e) At least one of the notices given under Subsection 17-5 (d)(2) must state that the tenant intends to repair or remedy the 17-6 condition. The notice must also contain a reasonable description 17-7 of the intended repair or remedy. 17-8 (f) If the requirements prescribed by Subsections (d) and 17-9 (e) are met, a tenant may: 17-10 (1) have the condition repaired or remedied 17-11 immediately following the tenant's notice of intent to repair if 17-12 the condition involves the backup or overflow of sewage; 17-13 (2) have the condition repaired or remedied if the 17-14 condition involves a cessation of potable water if the landlord has 17-15 failed to repair or remedy the condition before the fourth day 17-16 after the date the tenant delivers a notice of intent to repair; or 17-17 (3) have the condition repaired or remedied if the 17-18 condition is not covered by Subsection (d)(3)(A) or (d)(3)(B) and 17-19 involves a condition affecting the physical health or safety of the 17-20 ordinary tenant if the landlord has failed to repair or remedy the 17-21 condition before the eighth day after the date the tenant delivers 17-22 a notice of intent to repair. 17-23 (g) Repairs made based on a tenant's notice must be made by 17-24 a company, contractor, or repairman listed at the time of the 17-25 tenant's notice of intent to repair in the yellow or business pages 17-26 of the telephone directory or in the classified advertising section 17-27 of a newspaper of the municipality or county in which the 18-1 manufactured home community is located or in an adjacent county. 18-2 Unless the landlord and tenant agree otherwise under Subsection 18-3 (i), repairs may not be made by the tenant, the tenant's immediate 18-4 family, the tenant's employer or employees, or a company in which 18-5 the tenant has an ownership interest. Repairs may not be made to 18-6 the foundation or load-bearing structural elements of the 18-7 manufactured home lot. 18-8 (h) Repairs made based on a tenant's notice must comply with 18-9 applicable building codes, including any required building permit. 18-10 (i) A landlord and a tenant may mutually agree for the 18-11 tenant to repair or remedy, at the landlord's expense, any 18-12 condition on the manufactured home lot regardless of whether it 18-13 materially affects the health or safety of an ordinary tenant. 18-14 (j) The tenant may not contract for labor or materials in 18-15 excess of the amount the tenant may deduct under this section. The 18-16 landlord is not liable to repairmen, contractors, or material 18-17 suppliers who furnish labor or materials to repair or remedy the 18-18 condition. A repairman or supplier does not have a lien for 18-19 materials or services arising out of repairs contracted for by the 18-20 tenant under this section. 18-21 (k) When deducting the cost of repairs from the rent 18-22 payment, the tenant shall furnish the landlord, along with payment 18-23 of the balance of the rent, a copy of the repair bill and the 18-24 receipt for its payment. A repair bill and receipt may be the same 18-25 document. 18-26 (l) If the landlord repairs or remedies the condition after 18-27 the tenant has contacted a repairman but before the repairman 19-1 commences work, the landlord is liable for the cost incurred by the 19-2 tenant for the repairman's charge for traveling to the premises, 19-3 and the tenant may deduct the charge from the tenant's rent as if 19-4 it were a repair cost. 19-5 (Sections 94.155-94.200 reserved for expansion 19-6 SUBCHAPTER E. TERMINATION, EVICTION, 19-7 AND FORECLOSURE 19-8 Sec. 94.201. LANDLORD'S REMEDY FOR EARLY TERMINATION. (a) 19-9 Except as provided by Subsection (b), the maximum amount a landlord 19-10 may recover as damages for a tenant's early termination of a lease 19-11 agreement is an amount equal to three months' rent. 19-12 (b) If the tenant's manufactured home lot is reoccupied 19-13 before the 21st day after the date the tenant surrenders the lot, 19-14 the maximum amount the landlord may obtain as damages is an amount 19-15 equal to one month's rent. 19-16 Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A 19-17 landlord has a duty to mitigate damages if a tenant vacates the 19-18 manufactured home lot before the end of the lease term. 19-19 (b) A provision of a lease agreement that purports to waive 19-20 a right or to exempt a landlord from a liability or duty under this 19-21 section is void. 19-22 Sec. 94.203. LANDLORD'S TERMINATION OF LEASE PERMITTED IN 19-23 LIMITED CIRCUMSTANCES. A landlord may terminate or refuse to renew 19-24 a lease agreement only as provided by this subchapter. 19-25 Sec. 94.204. EVICTION PROCEDURES GENERALLY. (a) A landlord 19-26 may prevent a tenant from entering the manufactured home lot, evict 19-27 a tenant, or require the removal of a manufactured home from the 20-1 manufactured home lot only after obtaining a writ of possession 20-2 under Chapter 24. 20-3 (b) In addition to making the determinations required in an 20-4 eviction proceeding under Chapter 24, the court shall determine if 20-5 the grounds for eviction as provided by this subchapter are 20-6 established. 20-7 (c) If the court finds that the landlord initiated the 20-8 eviction proceeding to retaliate against the tenant in violation of 20-9 Section 94.251, the court may not approve the eviction of the 20-10 tenant. 20-11 (d) Notwithstanding other law, a court may not issue a writ 20-12 of possession in favor of a landlord before the 30th day after the 20-13 date the judgment for possession is rendered. 20-14 (e) Not later than the 10th day after the date a judgment 20-15 for possession is rendered in favor of the landlord, the landlord 20-16 shall send written notice that the judgment has been rendered to 20-17 the tenant or to the owner of the manufactured home if the tenant 20-18 is not the owner and if the landlord is given written notice of the 20-19 owner's name and address. 20-20 (f) If, after executing a writ of possession for the 20-21 manufactured home lot, the landlord removes the manufactured home 20-22 from the lot, the landlord not later than the 10th day after the 20-23 date the manufactured home is removed shall send a written notice 20-24 regarding the location of the manufactured home to the tenant at 20-25 the tenant's most recent mailing address as reflected in the 20-26 landlord's records and, if different, to the owner if the landlord 20-27 is given written notice of the owner's name and address. 21-1 Sec. 94.205. TERMINATION FOR CHANGE IN LAND USE. (a) A 21-2 landlord may terminate a lease agreement to change the manufactured 21-3 home community's land use only if: 21-4 (1) not later than the 12th month before the date the 21-5 land use changes, the landlord sends notice to the tenant and, if 21-6 different, to the owner of the manufactured home: 21-7 (A) specifying the date that the land use will 21-8 change; and 21-9 (B) informing the tenant and owner that the 21-10 owner must relocate the manufactured home; and 21-11 (2) not later than the 12th month before the date the 21-12 land use changes, the landlord posts in a conspicuous place in the 21-13 manufactured home community a notice stating that the land use will 21-14 change and specifying the date that the land use will change. 21-15 (b) The landlord is required to give the owner of the 21-16 manufactured home notice under Subsection (a)(1) only if the 21-17 landlord is given written notice of the name and address of the 21-18 owner. 21-19 Sec. 94.206. TERMINATION AND EVICTION FOR VIOLATION OF 21-20 LEASE. A landlord may terminate the lease agreement and evict a 21-21 tenant for a violation of a lease provision, including a 21-22 manufactured home community rule incorporated in the lease, if: 21-23 (1) the provision is reasonable; and 21-24 (2) the tenant's violation of the provision: 21-25 (A) is likely to continue or reoccur; 21-26 (B) would have a significant adverse impact on 21-27 the manufactured home community; or 22-1 (C) poses a substantial health or safety risk to 22-2 other tenants in the manufactured home community. 22-3 Sec. 94.207. TERMINATION AND EVICTION FOR NONPAYMENT OF 22-4 RENT. (a) A landlord may terminate the lease agreement and evict 22-5 a tenant if: 22-6 (1) the tenant fails to timely pay rent; 22-7 (2) the landlord notifies the tenant in writing that 22-8 the rent is delinquent; and 22-9 (3) the tenant has not tendered the delinquent payment 22-10 to the landlord before the 10th day after the date the tenant 22-11 receives the notice. 22-12 (b) A landlord may not terminate the lease agreement and 22-13 evict the tenant if the tenant fails to timely pay a fee or charge, 22-14 including a late charge, required under the lease agreement. 22-15 (c) Except as provided by Subsection (d), if a court renders 22-16 a judgment for possession in favor of the landlord based solely on 22-17 nonpayment of rent, the tenant may cure the default and reinstate 22-18 the lease agreement by paying into the court registry an amount 22-19 equal to the delinquent rent payment and any fees and costs owed as 22-20 determined by the court. If the tenant cures the default as 22-21 provided by this subsection, the judgment for possession is 22-22 released and a writ of possession in favor of the landlord may not 22-23 be issued. 22-24 (d) A tenant may cure a default and reinstate the lease 22-25 agreement under Subsection (c) only once during the lease term. 22-26 (Sections 94.208-94.250 reserved for expansion 22-27 SUBCHAPTER F. PROHIBITED ACTS 23-1 Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may 23-2 not retaliate against a tenant by taking an action described by 23-3 Subsection (b) because the tenant: 23-4 (1) in good faith exercises or attempts to exercise 23-5 against a landlord a right or remedy granted to the tenant by the 23-6 lease agreement, a municipal ordinance, or a federal or state 23-7 statute; 23-8 (2) gives a landlord a notice to repair or exercise a 23-9 remedy under this chapter; or 23-10 (3) complains to a governmental entity responsible for 23-11 enforcing building or housing codes, a public utility, or a civic 23-12 or nonprofit agency, and the tenant: 23-13 (A) claims a building or housing code violation 23-14 or utility problem; and 23-15 (B) believes in good faith that the complaint is 23-16 valid and that the violation or problem occurred. 23-17 (b) A landlord may not, within six months after the date of 23-18 the tenant's action under Subsection (a), retaliate against the 23-19 tenant by: 23-20 (1) filing an eviction proceeding, except for the 23-21 grounds stated by Subchapter E; 23-22 (2) depriving the tenant of the use of the premises, 23-23 except for reasons authorized by law; 23-24 (3) decreasing services to the tenant unless the 23-25 decrease in services is part of a pattern of service reductions in 23-26 the entire manufactured home community; 23-27 (4) increasing the tenant's rent or terminating the 24-1 tenant's lease agreement; or 24-2 (5) engaging, in bad faith, in a course of conduct 24-3 that materially interferes with the tenant's rights under the 24-4 tenant's lease agreement. 24-5 Sec. 94.252. RESTRICTION ON SALE OF MANUFACTURED HOME. (a) 24-6 A landlord may not: 24-7 (1) prohibit the owner of a manufactured home located 24-8 on the premises from selling the manufactured home; 24-9 (2) interfere with the sale of a manufactured home 24-10 located on the premises; 24-11 (3) require the owner of the manufactured home to 24-12 remove the manufactured home from the manufactured home lot solely 24-13 because of the sale of the home; 24-14 (4) require the owner of a manufactured home located 24-15 on the premises to contract with the landlord to act as agent or 24-16 broker in the sale of a manufactured home located on the premises; 24-17 or 24-18 (5) require the owner to pay a commission or fee from 24-19 the sale of a manufactured home located on the premises. 24-20 (b) Any restrictions on or requirements for the sale of a 24-21 manufactured home located on the premises of a manufactured home 24-22 community must be expressly stated in the manufactured home 24-23 community rules. 24-24 (Sections 94.253-94.300 reserved for expansion 24-25 SUBCHAPTER G. REMEDIES 24-26 Sec. 94.301. TENANT'S REMEDIES. (a) A person may recover 24-27 from a landlord who violates this chapter: 25-1 (1) actual damages; 25-2 (2) a civil penalty in an amount equal to two months' 25-3 rent and $500; and 25-4 (3) reasonable attorney's fees and costs. 25-5 (b) If the court finds that a landlord recklessly violated 25-6 this chapter or acted in bad faith, the court shall award an amount 25-7 equal to at least treble the damages awarded under Subsection (a) 25-8 and may award additional punitive damages. A landlord who attempts 25-9 to unlawfully evict a tenant, terminate a tenant's utility service, 25-10 or prevent a tenant from entering the tenant's manufactured home 25-11 lot is presumed to have acted in bad faith, knowingly, or 25-12 recklessly. 25-13 (c) The court may order: 25-14 (1) appropriate injunctive relief to prevent a 25-15 violation or threatened violation of this chapter; and 25-16 (2) any other appropriate equitable relief, including 25-17 the appointment of a receiver to operate the manufactured home 25-18 community. 25-19 (d) A person has a lien against the property on which the 25-20 manufactured home community is located for: 25-21 (1) any amount owed the tenant under the lease 25-22 agreement; 25-23 (2) any amount owed to the tenant under this chapter; 25-24 and 25-25 (3) reasonable attorney's fees and costs associated 25-26 with enforcing the lien. 25-27 Sec. 94.302. LANDLORD'S REMEDIES. If the court finds that a 26-1 tenant filed or prosecuted a suit under this chapter in bad faith 26-2 or for purposes of harassment, the court shall award the landlord: 26-3 (1) an amount equal to two months' rent and $500; and 26-4 (2) reasonable attorney's fees and costs associated 26-5 with defending the action. 26-6 Sec. 94.303. CUMULATIVE REMEDIES. The provisions of this 26-7 chapter are not exclusive and are in addition to any other 26-8 procedure or remedy provided by other law. 26-9 Sec. 94.304. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE. 26-10 This chapter does not prohibit the adoption of a local ordinance 26-11 that provides for additional enforcement of this chapter if the 26-12 local ordinance is consistent with this chapter. 26-13 SECTION 3. This Act takes effect September 1, 2000. 26-14 SECTION 4. The changes in law made by Chapter 94, Property 26-15 Code, as added by this Act, apply only to a lease agreement entered 26-16 into on or after the effective date of this Act. A lease agreement 26-17 entered into before the effective date of this Act is governed by 26-18 the law in effect when the lease agreement was entered into, and 26-19 the former law is continued in effect for that purpose. 26-20 SECTION 5. The importance of this legislation and the 26-21 crowded condition of the calendars in both houses create an 26-22 emergency and an imperative public necessity that the 26-23 constitutional rule requiring bills to be read on three several 26-24 days in each house be suspended, and this rule is hereby suspended.