By Dukes H.B. No. 2015
76R867 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulating leasing in certain manufactured home
1-3 communities and to procedures for taking possession of a
1-4 manufactured home used as collateral; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 8, Property Code, is amended by adding
1-7 Chapter 94 to read as follows:
1-8 CHAPTER 94. MANUFACTURED HOME TENANCIES
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 94.001. DEFINITIONS. In this chapter:
1-11 (1) "Landlord" means an owner or manager of a
1-12 manufactured home community, including an employee or agent of the
1-13 landlord.
1-14 (2) "Lease agreement" means an agreement between a
1-15 landlord and a tenant that establishes the terms, conditions,
1-16 rules, and other provisions for placing a manufactured home on the
1-17 premises of a manufactured home community. A lease agreement
1-18 includes an agreement renewing the terms of a lease.
1-19 (3) "Manufactured home" has the meaning assigned by
1-20 Section 3, Texas Manufactured Housing Standards Act (Article 5221f,
1-21 Vernon's Texas Civil Statutes).
1-22 (4) "Manufactured home community" means a parcel of
1-23 land:
1-24 (A) on which four or more lots are offered for
2-1 lease for installing and occupying manufactured homes; and
2-2 (B) for which the primary use is for residential
2-3 purposes.
2-4 (5) "Premises" means a tenant's manufactured home lot,
2-5 any area or facility the lease authorizes the tenant to use, and
2-6 the appurtenances, grounds, and facilities held out for the use of
2-7 tenants generally.
2-8 (6) "Tenant" means a person who is authorized by a
2-9 lease to occupy a lot in a manufactured home community.
2-10 Sec. 94.002. APPLICABILITY. (a) This chapter applies only
2-11 to the relationship between landlords and tenants in a manufactured
2-12 home community.
2-13 (b) Chapter 91 does not apply to this chapter.
2-14 Sec. 94.003. WAIVER OF RIGHTS AND OBLIGATIONS. A provision
2-15 in a lease agreement or a manufactured home community rule that
2-16 waives or limits a right granted to a tenant or an obligation
2-17 imposed on a landlord under this chapter is void and unenforceable.
2-18 Sec. 94.004. LANDLORD'S RIGHT OF ENTRY. (a) Except as
2-19 provided by this section, the landlord may not enter a tenant's
2-20 manufactured home or the leased premises unless:
2-21 (1) the tenant is present and gives consent; or
2-22 (2) the tenant has previously given written consent.
2-23 (b) The written consent under Subsection (a)(2) must specify
2-24 the date and time entry is permitted and is valid only for the date
2-25 and time specified. The tenant may revoke the consent without
2-26 penalty at any time by notifying the landlord in writing that the
2-27 consent has been revoked.
3-1 (c) The landlord may enter the tenant's manufactured home in
3-2 a reasonable manner and at a reasonable time if:
3-3 (1) an emergency exists; or
3-4 (2) the tenant abandons the manufactured home.
3-5 (d) The landlord may enter the lot leased to a tenant in a
3-6 reasonable manner and at a reasonable time if:
3-7 (1) an emergency exists;
3-8 (2) the tenant abandons the manufactured home; or
3-9 (3) maintenance of utilities, maintenance of the
3-10 premises, or protection of the manufactured home community is
3-11 required.
3-12 Sec. 94.005. COMMON AREA FACILITIES. Each common area
3-13 facility must be open or available to tenants at all reasonable
3-14 hours. The landlord shall post the hours of operation or
3-15 availability of the common area facility in a conspicuous place at
3-16 the facility.
3-17 Sec. 94.006. MANUFACTURED HOME COMMUNITY RULES. (a) A
3-18 landlord may adopt reasonable rules governing the use of the
3-19 manufactured home community premises, including rules to address a
3-20 bona fide emergency relating to the health and safety of the
3-21 tenants of the manufactured home community.
3-22 (b) A manufactured home community rule is considered part of
3-23 the lease agreement.
3-24 Sec. 94.007. TENANT MEETINGS. A landlord may not interfere
3-25 with meetings by tenants of the manufactured home community
3-26 relating to manufactured home living or social or educational
3-27 issues.
4-1 Sec. 94.008. CASH RENTAL PAYMENTS. (a) A landlord shall
4-2 accept a tenant's cash rental payment unless the lease requires the
4-3 tenant to make rental payments by check, money order, or other
4-4 traceable or negotiable instrument.
4-5 (b) A landlord who receives a cash rental payment shall:
4-6 (1) provide the tenant with a written receipt; and
4-7 (2) enter the payment date and amount in a record book
4-8 maintained by the landlord.
4-9 (c) A tenant or a governmental entity or civic association
4-10 acting on the tenant's behalf may file suit against a landlord to
4-11 enjoin a violation of this section.
4-12 Sec. 94.009. NOTICE TO TENANT AT PRIMARY RESIDENCE. (a)
4-13 If, at the time of signing a lease or lease renewal, a tenant gives
4-14 written notice to the tenant's landlord that the tenant does not
4-15 occupy the leased premises as a primary residence and requests in
4-16 writing that the landlord send notices to the tenant at the
4-17 tenant's primary residence and provides to the landlord the address
4-18 of the tenant's primary residence, the landlord shall mail to the
4-19 tenant's primary residence all notices required by the lease
4-20 agreement, by this chapter, or by Chapter 24.
4-21 (b) The tenant shall notify the landlord in writing of any
4-22 change in the tenant's primary residence address. Oral notices of
4-23 change are insufficient.
4-24 (c) A notice to a tenant's primary residence under
4-25 Subsection (a) may be sent by regular United States mail and is
4-26 considered as having been given on the date of postmark of the
4-27 notice.
5-1 (d) If there is more than one tenant on a lease, the
5-2 landlord is not required under this section to send notices to the
5-3 primary residence of more than one tenant.
5-4 (e) This section does not apply if notice is actually hand
5-5 delivered to and received by a person occupying the leased
5-6 premises.
5-7 Sec. 94.010. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A
5-8 landlord shall disclose to a tenant, or to any governmental
5-9 official or employee acting in an official capacity, according to
5-10 this section:
5-11 (1) the name and either a street or post office box
5-12 address of the holder of record title, according to the deed
5-13 records in the county clerk's office, of the premises leased by the
5-14 tenant or inquired about by the governmental official or employee
5-15 acting in an official capacity; and
5-16 (2) if an entity located off-site from the
5-17 manufactured home community is primarily responsible for managing
5-18 the leased premises, the name and street address of that entity.
5-19 (b) Disclosure to a tenant under Subsection (a) must be made
5-20 by:
5-21 (1) giving the information in writing to the tenant on
5-22 or before the seventh day after the date the landlord receives the
5-23 tenant's request for the information;
5-24 (2) continuously posting the information in a
5-25 conspicuous place in the manufactured home community or the office
5-26 of the on-site manager or on the outside of the entry door to the
5-27 office of the on-site manager on or before the seventh day after
6-1 the date the landlord receives the tenant's request for the
6-2 information; or
6-3 (3) including the information in a copy of the
6-4 tenant's lease or in written rules given to the tenant before the
6-5 tenant requests the information.
6-6 (c) Disclosure of information to a tenant may be made under
6-7 Subsection (b)(1) or (2) before the tenant requests the
6-8 information.
6-9 (d) Disclosure of information to a governmental official or
6-10 employee must be made by giving the information in writing to the
6-11 official or employee on or before the seventh day after the date
6-12 the landlord receives the request from the official or employee for
6-13 the information.
6-14 (e) A correction to the information may be made by any of
6-15 the methods authorized and must be made within the period
6-16 prescribed by this section for providing the information.
6-17 (f) For the purposes of this section, an owner or property
6-18 manager may disclose either an actual name or names or an assumed
6-19 name if an assumed name certificate has been recorded with the
6-20 county clerk.
6-21 (g) A landlord who provides information under this section
6-22 violates this section if:
6-23 (1) the information becomes incorrect because a name
6-24 or address changes; and
6-25 (2) the landlord fails to correct the information on
6-26 or before the 15th day after the date the information becomes
6-27 incorrect.
7-1 Sec. 94.011. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (a)
7-2 In a lawsuit by a tenant to enforce a legal obligation of the owner
7-3 as landlord of the manufactured home community, the owner's agent
7-4 for service of process is determined according to this section.
7-5 (b) The owner's management company, on-site manager, or rent
7-6 collector for the manufactured home community is the owner's
7-7 authorized agent for service of process unless the owner's name and
7-8 business street address have been furnished in writing to the
7-9 tenant.
7-10 Sec. 94.012. VENUE. Venue for an action under this chapter
7-11 is governed by Section 15.0115, Civil Practice and Remedies Code.
7-12 (Sections 94.013-94.050 reserved for expansion
7-13 SUBCHAPTER B. LEASE AGREEMENT
7-14 Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE
7-15 TENANT. At the time a prospective tenant enters the premises of a
7-16 manufactured home community to discuss a prospective vacancy, the
7-17 landlord shall give the tenant a copy of:
7-18 (1) the proposed lease agreement for the manufactured
7-19 home community; and
7-20 (2) the manufactured home community rules.
7-21 Sec. 94.052. RIGHT TO CANCEL. A tenant who executes a lease
7-22 agreement may cancel the agreement by notifying the landlord in
7-23 writing not later than the fifth day after the date the tenant
7-24 executes the agreement.
7-25 Sec. 94.053. MINIMUM TERM OF LEASE. A lease agreement must
7-26 be for a term of at least four years.
7-27 Sec. 94.054. LEASE AMOUNT. During the first four-year lease
8-1 term, the landlord may set any rental amount, including an increase
8-2 in the rental amount, provided that the amount or method of
8-3 determining the increased amount is:
8-4 (1) fully and clearly determinable and disclosed in
8-5 the lease agreement; and
8-6 (2) binding on the landlord for the term of the lease
8-7 agreement.
8-8 Sec. 94.055. LEASE REQUIREMENTS AND DISCLOSURES. (a) A
8-9 lease agreement must be:
8-10 (1) written in plain language;
8-11 (2) printed in at least 10-point type or legible
8-12 handwriting; and
8-13 (3) signed by the landlord and the tenant.
8-14 (b) The landlord shall provide the tenant with a copy of the
8-15 lease agreement after the lease has been signed.
8-16 (c) A lease agreement must contain the following
8-17 information:
8-18 (1) a description of the tenant's manufactured home
8-19 lot, the address or number of the lot, and the number and location
8-20 of any accompanying parking spaces;
8-21 (2) the lease term and a disclosure informing the
8-22 tenant of the tenant's right to a four-year renewal term as
8-23 provided by Section 94.057;
8-24 (3) a prominent disclosure informing the tenant of the
8-25 tenant's statutory right to cancel the lease agreement as provided
8-26 by Section 94.052;
8-27 (4) the monthly rental amount and the method for
9-1 calculating the amount of any change in the rental amount during
9-2 the lease term, including clear and realistic examples of how the
9-3 calculation would apply in each year of the lease term or the
9-4 specific amount of any change in the rental amount during the lease
9-5 term;
9-6 (5) any late charge or fee or charge for any service
9-7 and facility and the method for calculating the amount of any
9-8 change in the fee or charge during the lease term, including clear
9-9 and realistic examples of how the calculation would apply in each
9-10 year of the lease term or the specific amount of any change in a
9-11 fee or charge during the lease term;
9-12 (6) the amount of any security deposit;
9-13 (7) a list of services and facilities the landlord
9-14 will provide;
9-15 (8) disclosure of the statutory warranty of
9-16 habitability provided by Section 94.151;
9-17 (9) a description of the landlord's maintenance
9-18 responsibilities;
9-19 (10) the name and telephone number of the person who
9-20 may be contacted for emergency maintenance;
9-21 (11) the landlord's name and address for the delivery
9-22 of official notices;
9-23 (12) the name and address of the owner of the
9-24 manufactured home community;
9-25 (13) the penalty the landlord may impose for the
9-26 tenant's early termination as provided by Section 94.201;
9-27 (14) the grounds for eviction as provided by
10-1 Subchapter E;
10-2 (15) a disclosure of the landlord's right to terminate
10-3 the lease agreement if there is a change in the land use of the
10-4 manufactured home community during the lease term as provided by
10-5 Section 94.205;
10-6 (16) the manufactured home community rules;
10-7 (17) a prominent disclosure informing the tenant that
10-8 Chapter 94, Property Code, governs certain rights granted to the
10-9 tenant and obligations imposed on the landlord by law;
10-10 (18) if there is a temporary zoning permit for the
10-11 land use of the manufactured home community, the date the zoning
10-12 permit expires; and
10-13 (19) any other terms or conditions of occupancy.
10-14 (d) A lease provision requiring an increase in rent or in
10-15 fees or charges during the lease term must be initialed by the
10-16 tenant or the provision is void.
10-17 (e) A lease agreement that contains a provision that is
10-18 illegal or unconscionable is void.
10-19 Sec. 94.056. STATUTORY LEASE TERMS IMPLIED AS MATTER OF LAW.
10-20 Each lease term required by this chapter is considered included in
10-21 a lease agreement as a matter of law.
10-22 Sec. 94.057. RENEWAL OF LEASE. (a) At the expiration of a
10-23 lease agreement, the agreement is automatically renewed for a term
10-24 of four years with the same terms as the previous lease agreement
10-25 unless:
10-26 (1) the tenant notifies the landlord not later than
10-27 the 30th day before the date the lease agreement terminates that
11-1 the tenant intends to surrender the premises; or
11-2 (2) the landlord changes the lease terms as provided
11-3 by this section.
11-4 (b) Six months before the date the lease agreement expires,
11-5 the landlord shall offer the tenant a renewal lease agreement with
11-6 a term of at least four years. The renewal offer must disclose the
11-7 proposed rental amount, any change in fees or charges, and any
11-8 other changes in the lease or the manufactured home community rules
11-9 for the renewal term.
11-10 Sec. 94.058. PENALTY FOR LATE PAYMENT. (a) A landlord may
11-11 assess a penalty for late payment of rent or another fee or charge
11-12 if the payment is not remitted before the 16th day after the date
11-13 the payment is due.
11-14 (b) The penalty for late payment may not exceed four percent
11-15 of the amount owed and may be imposed only once for each late
11-16 payment.
11-17 Sec. 94.059. USE-BASED FEES AND CHARGES. (a) For purposes
11-18 of this section, a use-based fee or charge is a fee or charge for a
11-19 service or facility that is based on the amount of the tenant's use
11-20 of the service or facility. A fee or charge is not use-based if a
11-21 tenant is assessed a fee or charge when the tenant does not use the
11-22 service or facility or if different tenants are assessed the same
11-23 fee or charge for using different levels of the service or
11-24 facility.
11-25 (b) A landlord may not assess a fee or charge to a tenant,
11-26 other than the rental payment, unless the fee or charge is a
11-27 use-based fee or charge disclosed in the lease agreement.
12-1 (c) A use-based fee or charge may only be increased as
12-2 disclosed in the lease agreement. Any increase must be reasonably
12-3 related to an increase in the landlord's costs for providing the
12-4 service or facility.
12-5 (d) The following fees and charges are prohibited, and a
12-6 provision in a lease agreement imposing the following fees or
12-7 charges is void:
12-8 (1) an entrance and exit fee or charge that exceeds
12-9 $30;
12-10 (2) a fee or charge for a tenant's resale of a
12-11 manufactured home, assignment of the lease, or sublease of the
12-12 premises that exceeds $30; and
12-13 (3) a fee or charge for renewing a lease.
12-14 Sec. 94.060. ASSIGNMENT OF LEASE AND SUBLEASE. (a) Except
12-15 as provided by this section, a tenant may:
12-16 (1) assign the lease agreement to the purchaser of the
12-17 tenant's manufactured home; or
12-18 (2) sublease the manufactured home lot.
12-19 (b) The tenant must provide the landlord with notice of an
12-20 assignment or sublease not later than the 30th day before the date
12-21 the assignment or sublease takes effect. Not later than the
12-22 seventh day before the date the assignment or sublease takes
12-23 effect, the landlord may refuse to permit the assignment or
12-24 sublease if:
12-25 (1) the landlord provides the tenant with a written
12-26 notice of the refusal that states the reasons for the refusal; and
12-27 (2) the reason for the refusal complies with
13-1 Subsection (c).
13-2 (c) The landlord may refuse to permit the assignment or
13-3 sublease only if the assignee or sublessee:
13-4 (1) is financially unable to pay the lease amount; or
13-5 (2) would pose a hazard to the safety or interfere
13-6 with the quiet enjoyment of the tenants of the manufactured home
13-7 community.
13-8 (d) The landlord may not:
13-9 (1) refuse to permit an assignment or sublease because
13-10 of the age or condition of the manufactured home;
13-11 (2) refuse to permit an assignment because the
13-12 assignment is from the tenant to the tenant's bona fide creditor;
13-13 or
13-14 (3) impose an application or other fee on the
13-15 prospective assignee or sublessee.
13-16 (Sections 94.061-94.100 reserved for expansion
13-17 SUBCHAPTER C. SECURITY DEPOSIT
13-18 Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security
13-19 deposit" means any advance of money, other than a rental
13-20 application deposit or an advance payment of rent, that is intended
13-21 primarily to secure performance under a lease of a lot in a
13-22 manufactured home community that has been entered into by a
13-23 landlord and a tenant.
13-24 Sec. 94.102. SECURITY DEPOSIT PERMITTED. (a) At the time
13-25 the tenant executes the initial lease agreement, the landlord may
13-26 require a security deposit in an amount equal to no more than one
13-27 month's rent.
14-1 (b) The landlord shall keep accurate records relating to
14-2 security deposits.
14-3 Sec. 94.103. OBLIGATION TO REFUND. (a) Except as provided
14-4 by Section 94.104, the landlord shall refund the security deposit
14-5 not later than the 30th day after the date the tenant surrenders
14-6 the premises.
14-7 (b) The tenant's claim to the security deposit takes
14-8 priority over the claim of any creditor of the landlord, including
14-9 a trustee in bankruptcy.
14-10 Sec. 94.104. RETENTION OF SECURITY DEPOSIT. (a) Before
14-11 returning the security deposit, the landlord may deduct unpaid
14-12 rent, damages, and charges for which the tenant is liable under the
14-13 lease agreement.
14-14 (b) The landlord may retain a portion of the security
14-15 deposit if the tenant fails to surrender the premises in a
14-16 condition that is reasonably clean and free of debris.
14-17 (c) The landlord may not retain any portion of a security
14-18 deposit to cover normal wear and tear. In this subsection, "normal
14-19 wear and tear" means deterioration that results from intended use
14-20 of the premises, including breakage or malfunction due to age or
14-21 deteriorated condition, but the term does not include deterioration
14-22 that results from negligence, carelessness, accident, or abuse of
14-23 the premises, equipment, or chattels by the tenant, a member of the
14-24 tenant's household, or a guest or invitee of the tenant.
14-25 Sec. 94.105. ACCOUNTING. Not later than the 30th day after
14-26 the date the tenant surrenders the premises, the landlord shall
14-27 mail to the tenant at the tenant's most recent mailing address as
15-1 reflected in the landlord's records the balance of the security
15-2 deposit, if any, together with a written description and an
15-3 itemized list of all deductions.
15-4 Sec. 94.106. LIABILITY OF LANDLORD. A landlord who fails to
15-5 comply with this subchapter is not entitled to recover amounts that
15-6 may be due under this chapter and must immediately remit to the
15-7 tenant the full amount of the security deposit.
15-8 (Sections 94.107-94.150 reserved for expansion
15-9 SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS
15-10 Sec. 94.151. WARRANTY OF HABITABILITY. By executing a lease
15-11 agreement, the landlord covenants and warrants that the leased
15-12 premises is fit for human habitation.
15-13 Sec. 94.152. LANDLORD'S MAINTENANCE OBLIGATIONS. The
15-14 landlord shall:
15-15 (1) comply with any code, statute, ordinance, and
15-16 administrative rule applicable to the manufactured home community;
15-17 (2) maintain all common areas of the manufactured home
15-18 community in a clean and safe condition;
15-19 (3) maintain in good working order appliances and
15-20 recreational facilities and all electrical, plumbing, and sanitary
15-21 systems provided by the landlord;
15-22 (4) maintain all utility lines over which the landlord
15-23 has control to the point at which those lines connect to the
15-24 manufactured home;
15-25 (5) maintain in a secure location individual mailboxes
15-26 for the tenants;
15-27 (6) maintain roads within the manufactured home
16-1 community in good and safe condition, including providing snow
16-2 removal, adequate drainage, and water supply, and assume
16-3 responsibility for any damage to a vehicle that is the direct
16-4 result of an unrepaired or poorly maintained road within the
16-5 manufactured home community;
16-6 (7) exterminate rodents and other pests dangerous to
16-7 the health and safety of tenants in the common areas of the
16-8 manufactured home community or in the interior of a manufactured
16-9 home if the infestation in the home exists as a result of
16-10 infestation in the common areas;
16-11 (8) maintain the premises as necessary to prevent the
16-12 accumulation of stagnant water and the detrimental effects of
16-13 moving water;
16-14 (9) maintain the integrity of the foundation of the
16-15 tenant's manufactured home;
16-16 (10) maintain the common areas so that those areas are
16-17 free from plant growth that is detrimental to the health of the
16-18 tenants; and
16-19 (11) remove garbage and other waste incidental to the
16-20 occupancy of the leased premises.
16-21 Sec. 94.153. LANDLORD'S REPAIR OBLIGATIONS. (a) The
16-22 landlord shall make repairs the landlord is obligated to make as
16-23 provided by statute or by the lease agreement or enter into a
16-24 contract with a third party to make the repairs.
16-25 (b) The landlord shall provide each tenant with the name and
16-26 telephone number of the person who may be contacted for emergency
16-27 repairs.
17-1 Sec. 94.154. TENANT'S REPAIR AND DEDUCT REMEDY. (a) If the
17-2 landlord fails to comply with this subchapter, the tenant may
17-3 notify the landlord of the tenant's intent to correct the condition
17-4 at the landlord's expense.
17-5 (b) If the landlord does not correct the condition before
17-6 the 16th day after the date the tenant provides the notice under
17-7 Subsection (a) or more promptly as emergency conditions reasonably
17-8 require, the tenant may have the condition repaired or remedied by
17-9 a contractor and, after submitting to the landlord an itemized
17-10 statement, deduct the actual and reasonable cost of the work from a
17-11 subsequent rent payment.
17-12 (c) The tenant may recover damages as provided by Subchapter
17-13 I in addition to the remedy provided by this section.
17-14 (Sections 94.155-94.200 reserved for expansion
17-15 SUBCHAPTER E. TERMINATION, EVICTION, AND FORECLOSURE
17-16 Sec. 94.201. LANDLORD'S REMEDY FOR EARLY TERMINATION. (a)
17-17 Except as provided by Subsection (b), the maximum amount a landlord
17-18 may recover as damages for a tenant's early termination of a lease
17-19 agreement is an amount equal to three months' rent.
17-20 (b) If the tenant's leased premises is reoccupied before the
17-21 21st day after the date the tenant surrenders the premises, the
17-22 maximum amount the landlord may obtain as damages is an amount
17-23 equal to one month's rent.
17-24 Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A
17-25 landlord has a duty to mitigate damages if a tenant abandons the
17-26 leased premises in violation of the lease.
17-27 (b) A provision of a lease that purports to waive a right or
18-1 to exempt a landlord from a liability or duty under this section is
18-2 void.
18-3 Sec. 94.203. LANDLORD'S TERMINATION OF LEASE PERMITTED IN
18-4 LIMITED CIRCUMSTANCES. A landlord may terminate or refuse to renew
18-5 a lease agreement only as provided by this subchapter.
18-6 Sec. 94.204. EVICTION PROCEDURES GENERALLY. (a) A landlord
18-7 may prevent a tenant from entering the leased premises, evict a
18-8 tenant, or require the removal of a manufactured home from the
18-9 leased premises only after obtaining a writ of possession under
18-10 Chapter 24.
18-11 (b) In addition to making the determinations required in a
18-12 forcible detainer action under Chapter 24, the court shall
18-13 determine if the grounds for eviction as provided by this
18-14 subchapter are established.
18-15 (c) If the court finds that the landlord initiated the
18-16 eviction proceeding to retaliate against the tenant in violation of
18-17 Section 94.302, the court may not approve the eviction of the
18-18 tenant.
18-19 (d) Notwithstanding other law, a court may not issue a writ
18-20 of possession in favor of a landlord before the 45th day after the
18-21 date the judgment for possession is rendered.
18-22 (e) Not later than the 10th day after the date a judgment
18-23 for possession is rendered in favor of the landlord, the landlord
18-24 shall send written notice that the judgment has been rendered to
18-25 the owner of the manufactured home if the tenant is not the owner
18-26 and if the landlord is given written notice of the owner's name and
18-27 address.
19-1 (f) If, after executing a writ of possession for the leased
19-2 premises, the landlord removes the manufactured home from the
19-3 leased premises, the landlord not later than the 10th day after the
19-4 date the manufactured home is removed shall send a written notice
19-5 regarding the location of the manufactured home to the tenant at
19-6 the tenant's most recent mailing address as reflected in the
19-7 landlord's records and, if different, to the owner if the landlord
19-8 is given written notice of the owner's name and address.
19-9 Sec. 94.205. TERMINATION FOR CHANGE IN LAND USE. (a) A
19-10 landlord may terminate a lease agreement to change the manufactured
19-11 home community's land use only if:
19-12 (1) not later than the 12th month before the date the
19-13 land use changes, the landlord sends notice to the tenant and, if
19-14 different, to the owner of the manufactured home:
19-15 (A) specifying the date that the land use will
19-16 change; and
19-17 (B) informing the tenant and owner that the
19-18 owner may relocate the manufactured home as provided by this
19-19 section;
19-20 (2) not later than the 12th month before the date the
19-21 land use changes, the landlord posts in a conspicuous place in the
19-22 manufactured home community a notice stating that the land use will
19-23 change and specifying the date that the land use will change;
19-24 (3) the landlord compensates or relocates the tenant
19-25 and, if different, the owner as provided by this section; and
19-26 (4) the landlord has taken action to change the land
19-27 use to a use other than use as a manufactured home community for at
20-1 least a two-year period.
20-2 (b) The landlord is required to give the owner of the
20-3 manufactured home notice under Subsection (a)(1) only if the
20-4 landlord is given written notice of the name and address of the
20-5 owner.
20-6 (c) Not later than the sixth month after the date the tenant
20-7 and, if different, the owner receive notice of the changed land use
20-8 as provided by Subsection (a)(1), the owner may:
20-9 (1) relocate the home as provided by Subsection (d);
20-10 and
20-11 (2) select any date for the relocation if that date
20-12 occurs before the date the land use changes.
20-13 (d) If the owner of the manufactured home chooses to
20-14 relocate the manufactured home, the landlord shall relocate the
20-15 home at the landlord's expense to any site designated by the owner
20-16 that is located within a 100-mile radius of the manufactured home
20-17 community. The landlord's duty to relocate includes:
20-18 (1) disconnecting and transporting the home to the new
20-19 location;
20-20 (2) establishing the home, including connecting the
20-21 home to utilities and performing any other site-related activities
20-22 such that the home is in substantially the same condition as before
20-23 the relocation;
20-24 (3) making any repairs to the home for damages that
20-25 occur during the relocation; and
20-26 (4) providing suitable substitute lodging for the
20-27 tenant until the relocation is completed.
21-1 Sec. 94.206. TERMINATION AND EVICTION FOR VIOLATION OF
21-2 MANUFACTURED HOME COMMUNITY RULE. A landlord may terminate the
21-3 lease agreement and evict a tenant for a violation of a
21-4 manufactured home community rule if:
21-5 (1) the rule is reasonable; and
21-6 (2) the tenant's violation of the rule:
21-7 (A) is likely to continue or reoccur; and
21-8 (B) would have a significant adverse impact on
21-9 the manufactured home community.
21-10 Sec. 94.207. TERMINATION AND EVICTION FOR DISORDERLY OR
21-11 CRIMINAL CONDUCT. A landlord may terminate the lease agreement and
21-12 evict a tenant for engaging in disorderly or criminal conduct if:
21-13 (1) the conduct:
21-14 (A) disrupts the quiet enjoyment of other
21-15 tenants in the manufactured home community;
21-16 (B) endangers other tenants or the manufactured
21-17 home community personnel; or
21-18 (C) causes substantial damage to the
21-19 manufactured home community premises; and
21-20 (2) there is a likelihood that future conduct would
21-21 also be grounds for eviction under this section.
21-22 Sec. 94.208. TERMINATION AND EVICTION FOR NONPAYMENT OF
21-23 RENT. (a) A landlord may terminate the lease agreement and evict
21-24 a tenant if:
21-25 (1) the tenant fails to timely pay rent;
21-26 (2) the landlord notifies the tenant in writing that
21-27 the rent is delinquent; and
22-1 (3) the tenant has not tendered the delinquent payment
22-2 to the landlord before the 21st day after the date the tenant
22-3 receives the notice.
22-4 (b) A landlord may not terminate the lease agreement and
22-5 evict the tenant if the tenant fails to timely pay a fee or charge,
22-6 including a late charge, required under the lease agreement.
22-7 (c) A payment made by a tenant to a landlord is attributed
22-8 first to any delinquent rent payment, then to the current rent
22-9 payment, and last to any fee or charge, including a late charge.
22-10 (d) If a court renders a judgment for possession in favor of
22-11 the landlord based solely on nonpayment of rent, the tenant may
22-12 cure the default and reinstate the lease by paying into the court
22-13 registry an amount equal to the delinquent rent payment and any
22-14 fees and costs owed as determined by the court. If the tenant
22-15 cures the default as provided by this subsection, the judgment for
22-16 possession is released and a writ of possession in favor of the
22-17 landlord may not be issued.
22-18 Sec. 94.209. AFFIRMATIVE DEFENSE TO EVICTION FOR NONPAYMENT
22-19 OF RENT. (a) It is an affirmative defense in an eviction action
22-20 for nonpayment of rent that the landlord has breached the statutory
22-21 warranty of habitability, breached a provision of the lease
22-22 agreement, or violated this subchapter.
22-23 (b) A tenant who establishes that the landlord breached the
22-24 statutory warranty of habitability, breached a provision of the
22-25 lease agreement, or violated this subchapter may recover damages,
22-26 including:
22-27 (1) an amount equal to the reduction in the fair
23-1 market rental value of the leased premises that results from the
23-2 breach or violation;
23-3 (2) any amount reasonably spent by the tenant to
23-4 repair defects in the leased premises; and
23-5 (3) any damages permitted under Section 94.351.
23-6 (Sections 94.210-94.250 reserved for expansion
23-7 SUBCHAPTER F. SALE OR LEASE OF MANUFACTURED HOME COMMUNITY
23-8 Sec. 94.251. NOTICE OF SALE OR LEASE. (a) A landlord shall
23-9 notify the tenants of the manufactured home community of:
23-10 (1) a listing of the manufactured home community with
23-11 a realtor;
23-12 (2) an advertisement or other public notice, including
23-13 a foreclosure notice, that the manufactured home community is for
23-14 sale or lease; or
23-15 (3) a bona fide offer to purchase or lease the
23-16 manufactured home community that the landlord intends to accept.
23-17 (b) The landlord shall provide the notice under Subsection
23-18 (a) not later than the seventh day after the date an event
23-19 described by Subsection (a) occurs.
23-20 Sec. 94.252. TENANT'S RIGHT OF FIRST REFUSAL. (a) Except
23-21 as provided by Subsection (d), tenants of the manufactured home
23-22 community have the right of first refusal to purchase or lease the
23-23 manufactured home community if:
23-24 (1) not later than the 60th day after the date the
23-25 landlord provides the notice under Subsection (a), the tenants
23-26 submit a proposed purchase or lease agreement with substantially
23-27 equivalent terms and conditions as the offer to purchase or lease
24-1 that the landlord intends to accept; and
24-2 (2) not later than the 60th day after the date the
24-3 purchase or lease agreement is submitted, the tenants:
24-4 (A) tender the purchase amount or the
24-5 appropriate lease amount; or
24-6 (B) obtain the necessary financing to purchase
24-7 or lease the manufactured home community.
24-8 (b) The landlord may not unreasonably refuse to enter into
24-9 or unreasonably delay the execution of a purchase or lease
24-10 agreement with the tenants who have complied with this section.
24-11 The landlord may require tenants offering to lease the manufactured
24-12 home community to place in escrow an amount necessary to pay the
24-13 lease for a period of no more than one year from the effective date
24-14 of the lease agreement.
24-15 (c) The right of first refusal authorized by this section
24-16 applies to:
24-17 (1) each substantially different bona fide offer to
24-18 purchase or lease the manufactured home community; and
24-19 (2) each substantially equivalent bona fide offer to
24-20 purchase or lease the manufactured home community that is made no
24-21 earlier than the 90th day after the date of the previous
24-22 substantially equivalent offer.
24-23 (d) This section does not apply to:
24-24 (1) a governmental taking by eminent domain or
24-25 negotiated purchase;
24-26 (2) a foreclosure action;
24-27 (3) a transfer by gift, devise, or operation of law;
25-1 or
25-2 (4) a sale to a person who would be entitled to an
25-3 interest in the property if the landlord died intestate.
25-4 Sec. 94.253. AFFIDAVIT OF COMPLIANCE. If the tenants of the
25-5 manufactured home community are not able to purchase or lease the
25-6 manufactured home community, the landlord who sold or leased the
25-7 property shall, not later than the seventh day after the date the
25-8 sale or lease agreement is executed:
25-9 (1) execute an affidavit stating the facts that
25-10 demonstrate that the landlord complied with this section; and
25-11 (2) file the affidavit with the county clerk of each
25-12 county in which all or part of the property is located.
25-13 (Sections 94.254-94.300 reserved for expansion
25-14 SUBCHAPTER G. PROHIBITED ACTS
25-15 Sec. 94.301. UNFAIR PRACTICES. (a) A landlord may
25-16 not engage in unfair or deceptive acts or practices or unfair
25-17 methods of competition.
25-18 (b) A violation of this section is considered a deceptive
25-19 trade practice for purposes of Subchapter E, Chapter 17, Business &
25-20 Commerce Code.
25-21 Sec. 94.302. RETALIATORY CONDUCT. (a) A landlord may not
25-22 retaliate against a tenant after the tenant:
25-23 (1) has complained or expressed an intention to
25-24 complain to a governmental agency regarding a condition in the
25-25 manufactured home community;
25-26 (2) has made a complaint in good faith to the
25-27 landlord;
26-1 (3) has filed or expressed an intention to file a
26-2 civil or administrative action against the landlord;
26-3 (4) has organized or joined a tenant association; or
26-4 (5) has performed or expressed an intention to perform
26-5 any other act to assert, protect, or invoke the protection of a
26-6 right granted to tenants by the lease or by federal, state, or
26-7 local law.
26-8 (b) A landlord creates a rebuttable presumption that the
26-9 landlord is retaliating against a tenant if, within six months
26-10 after the date the tenant has taken an action described by
26-11 Subsection (a), the landlord:
26-12 (1) files an eviction action, other than for
26-13 nonpayment of rent;
26-14 (2) deprives the tenant of the use of the leased
26-15 premises, other than for reasons authorized by law;
26-16 (3) decreases services to the tenant;
26-17 (4) increases the tenant's rent or terminates the
26-18 tenant's lease;
26-19 (5) refuses or threatens to refuse to renew the
26-20 tenant's lease;
26-21 (6) files or threatens to file a civil action against
26-22 the tenant;
26-23 (7) changes a manufactured home community rule; or
26-24 (8) engages in bad faith in conduct that materially
26-25 interferes with the tenant's rights under the lease.
26-26 Sec. 94.303. RESTRICTION ON CHOICE OF PROVIDER. (a) A
26-27 landlord may not:
27-1 (1) restrict the choice of providers from whom a
27-2 tenant may purchase goods or services; or
27-3 (2) engage in any conduct that discourages a tenant
27-4 from selecting the provider of the tenant's choice.
27-5 (b) This subsection does not apply to:
27-6 (1) a nondiscriminatory prohibition against sales
27-7 solicitations within the manufactured home community; or
27-8 (2) site-maintenance services, including lawn care and
27-9 snow removal, performed by the landlord if the tenant fails to
27-10 fulfill the tenant's site-maintenance obligations under the lease
27-11 agreement.
27-12 (c) For purposes of Subsection (b)(2), the landlord may not
27-13 impose a charge for site-maintenance services performed by the
27-14 landlord unless the tenant, if available, is given notice and a
27-15 reasonable opportunity to perform the tenant's obligation under the
27-16 lease agreement. Any charge for site-maintenance services
27-17 authorized under this subsection must be:
27-18 (1) reasonable;
27-19 (2) disclosed in the lease agreement; and
27-20 (3) limited to the landlord's actual costs for
27-21 providing the site-maintenance service.
27-22 (d) A landlord who provides cable or other television
27-23 services at a charge above that prevailing in the vicinity creates
27-24 a presumption that a manufactured home community rule restricting
27-25 antennas or otherwise restricting a tenant's access or choice of
27-26 television service is void.
27-27 Sec. 94.304. RESTRICTION ON SALE OF MANUFACTURED HOME. A
28-1 landlord may not:
28-2 (1) prohibit the owner of a manufactured home located
28-3 on the leased premises from selling the manufactured home;
28-4 (2) interfere with the sale of a manufactured home
28-5 located on the leased premises;
28-6 (3) require the owner of the manufactured home to
28-7 remove the manufactured home from the lot solely because of the
28-8 sale of the home;
28-9 (4) limit the sale of a manufactured home because of
28-10 the home's age or physical condition;
28-11 (5) require the owner of a manufactured home located
28-12 on the leased premises to contract with the landlord to act as
28-13 agent or broker in the sale of a manufactured home located on the
28-14 leased premises;
28-15 (6) require the owner to pay a commission or fee from
28-16 the sale of a manufactured home located on the leased premises; or
28-17 (7) place unreasonable, unfair, or discriminatory
28-18 restrictions:
28-19 (A) on a "For Sale" sign displayed in the
28-20 manufactured home community; or
28-21 (B) on access to the manufactured home community
28-22 by a prospective purchaser or a realtor.
28-23 (Sections 94.305-94.350 reserved for expansion
28-24 SUBCHAPTER H. REMEDIES
28-25 Sec. 94.351. TENANT'S REMEDIES. (a) A person may recover
28-26 from a landlord who violates this chapter:
28-27 (1) actual damages;
29-1 (2) a civil penalty in an amount equal to two months'
29-2 rent and $500; and
29-3 (3) reasonable attorney's fees and costs.
29-4 (b) If the court finds that a landlord recklessly violated
29-5 this chapter or acted in bad faith, the court shall award an amount
29-6 equal to at least treble the damages awarded under Subsection (a)
29-7 and may award additional punitive damages. A landlord who attempts
29-8 to unlawfully evict a tenant, terminate a tenant's utility service,
29-9 or prevent a tenant from entering the tenant's leased premises is
29-10 presumed to have acted in bad faith, knowingly, or recklessly.
29-11 (c) The court may order:
29-12 (1) appropriate injunctive relief to prevent a
29-13 violation or threatened violation of this chapter; and
29-14 (2) any other appropriate equitable relief, including
29-15 the appointment of a receiver to operate the manufactured home
29-16 community.
29-17 (d) A person has a lien against the property on which the
29-18 manufactured home community is located for:
29-19 (1) any amount owed the tenant under the lease;
29-20 (2) any amount owed to the tenant under this chapter;
29-21 and
29-22 (3) reasonable attorney's fees and costs associated
29-23 with enforcing the lien.
29-24 Sec. 94.352. LANDLORD'S REMEDIES. If the court finds that a
29-25 tenant filed or prosecuted a suit under this chapter in bad faith
29-26 or for purposes of harassment, the court shall award the landlord:
29-27 (1) an amount equal to one month's rent and $500; and
30-1 (2) reasonable attorney's fees and costs associated
30-2 with defending the action.
30-3 Sec. 94.353. STATE REMEDIES. (a) If a landlord has
30-4 violated or is threatening to violate this chapter, the attorney
30-5 general or the district or county attorney for a county in which
30-6 all or part of the manufactured home community is located may
30-7 institute an action for:
30-8 (1) injunctive relief;
30-9 (2) a civil penalty in the amount of $5,000 for each
30-10 violation or threatened violation; and
30-11 (3) restitution on behalf of a tenant injured by a
30-12 violation.
30-13 (b) The court shall award reasonable attorney's fees and
30-14 costs to the state if the state prevails in an action under
30-15 Subsection (a).
30-16 (c) The attorney general or the district or county attorney
30-17 for a county in which all or part of the manufactured home
30-18 community is located may request the court to appoint a receiver to
30-19 operate the manufactured home community if:
30-20 (1) the landlord is financially unable to operate the
30-21 manufactured home community; or
30-22 (2) the appointment is the most effective means of
30-23 ensuring compliance with a court order.
30-24 Sec. 94.354. CUMULATIVE REMEDIES. The provisions of this
30-25 chapter are not exclusive and are in addition to any other
30-26 procedure or remedy provided by other law.
30-27 Sec. 94.355. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE.
31-1 This chapter does not prohibit the adoption of a local ordinance
31-2 that provides for additional enforcement of this chapter if the
31-3 local ordinance is consistent with this chapter.
31-4 SECTION 2. Section 9.503, Business & Commerce Code, is
31-5 amended to read as follows:
31-6 Sec. 9.503. SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER
31-7 DEFAULT. (a) Unless otherwise agreed a secured party has on
31-8 default the right to take possession of the collateral.
31-9 (b) In taking possession a secured party:
31-10 (1) must proceed by judicial process if the collateral
31-11 is a manufactured home as defined by Section 94.001, Property Code;
31-12 and
31-13 (2) may proceed without judicial process if this can
31-14 be done without breach of the peace or may proceed by action in all
31-15 other circumstances.
31-16 (c) If the security agreement so provides the secured party
31-17 may require the debtor to assemble the collateral and make it
31-18 available to the secured party at a place to be designated by the
31-19 secured party which is reasonably convenient to both parties.
31-20 (d) Without removal a secured party may render equipment
31-21 unusable, and may dispose of collateral on the debtor's premises
31-22 under Section 9.504.
31-23 SECTION 3. This Act takes effect September 1, 2000.
31-24 SECTION 4. (a) The changes in law made by Chapter 94,
31-25 Property Code, as added by this Act, apply only to a lease
31-26 agreement entered into on or after the effective date of this Act.
31-27 A lease agreement entered into before the effective date of this
32-1 Act is governed by the law in effect when the lease agreement was
32-2 entered into, and the former law is continued in effect for that
32-3 purpose.
32-4 (b) The change in law made by Section 9.503, Business &
32-5 Commerce Code, as amended by this Act, applies only to a default
32-6 that occurs on or after the effective date of this Act. A default
32-7 that occurred before the effective date of this Act is governed by
32-8 the law in effect when the default occurred, and the former law is
32-9 continued in effect for that purpose.
32-10 SECTION 5. The importance of this legislation and the
32-11 crowded condition of the calendars in both houses create an
32-12 emergency and an imperative public necessity that the
32-13 constitutional rule requiring bills to be read on three several
32-14 days in each house be suspended, and this rule is hereby suspended.