77R12141 PAM-F
By Dukes, Ehrhardt, Solis, Wohlgemuth H.B. No. 557
Substitute the following for H.B. No. 557:
By Dukes C.S.H.B. No. 557
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. Title 8, Property Code, is amended by adding
1-6 Chapter 94 to read as follows:
1-7 CHAPTER 94. MANUFACTURED HOME TENANCIES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 94.001. DEFINITIONS. In this chapter:
1-10 (1) "Landlord" means the owner or manager of a
1-11 manufactured home community and includes an employee or agent of
1-12 the landlord.
1-13 (2) "Lease agreement" means a written agreement
1-14 between a landlord and a tenant that establishes the terms,
1-15 conditions, and other provisions for placing a manufactured home on
1-16 the premises of a manufactured home community.
1-17 (3) "Manufactured home" has the meaning assigned by
1-18 Section 3, Texas Manufactured Housing Standards Act (Article 5221f,
1-19 Vernon's Texas Civil Statutes), and for purposes of this chapter, a
1-20 reference to a manufactured home includes a recreational vehicle.
1-21 (4) "Manufactured home community" means a parcel of
1-22 land on which four or more lots are offered for lease for
1-23 installing and occupying manufactured homes.
1-24 (5) "Manufactured home community rules" means the
2-1 rules provided in a written document that establish the policies
2-2 and regulations of the manufactured home community, including
2-3 regulations relating to the use, occupancy, and quiet enjoyment of
2-4 and the health, safety, and welfare of tenants of the manufactured
2-5 home community.
2-6 (6) "Manufactured home lot" means the space allocated
2-7 in the lease agreement for the placement of the tenant's
2-8 manufactured home and the area adjacent to that space designated in
2-9 the lease agreement for the tenant's exclusive use.
2-10 (7) "Normal wear and tear" means deterioration that
2-11 results from intended use of the premises, including breakage or
2-12 malfunction due to age or deteriorated condition, but the term does
2-13 not include deterioration that results from negligence,
2-14 carelessness, accident, or abuse of the premises, equipment, or
2-15 chattels by the tenant, a member of the tenant's household, or a
2-16 guest or invitee of the tenant.
2-17 (8) "Premises" means a tenant's manufactured home lot,
2-18 any area or facility the lease authorizes the tenant to use, and
2-19 the appurtenances, grounds, and facilities held out for the use of
2-20 tenants generally.
2-21 (9) "Recreational vehicle" means a motor vehicle
2-22 primarily designed as a temporary living quarters for recreational
2-23 camping or travel use.
2-24 (10) "Tenant" means a person who is:
2-25 (A) authorized by a lease agreement to occupy a
2-26 lot to the exclusion of others in a manufactured home community;
2-27 and
3-1 (B) obligated under the lease agreement to pay
3-2 rent, fees, and other charges.
3-3 Sec. 94.002. APPLICABILITY. (a) This chapter applies only
3-4 to the relationship between a landlord who leases property in a
3-5 manufactured home community and a tenant leasing property in the
3-6 manufactured home community for the purpose of situating a
3-7 manufactured home or a recreational vehicle on the property.
3-8 (b) This chapter does not apply to the relationship between:
3-9 (1) a landlord who owns a manufactured home and a
3-10 tenant who leases the manufactured home from the landlord;
3-11 (2) a landlord who leases property in a manufactured
3-12 home community and a tenant leasing property in the manufactured
3-13 home community for the placement of personal property to be used
3-14 for human habitation, excluding a manufactured home or a
3-15 recreational vehicle; or
3-16 (3) a landlord and an employee or an agent of the
3-17 landlord.
3-18 Sec. 94.003. WAIVER OF RIGHTS AND DUTIES. A provision in a
3-19 lease agreement or a manufactured home community rule that purports
3-20 to waive a right or to exempt a landlord or a tenant from a duty or
3-21 from liability under this chapter is void.
3-22 Sec. 94.004. LANDLORD'S RIGHT OF ENTRY. (a) Except as
3-23 provided by this chapter, the landlord may not enter a tenant's
3-24 manufactured home unless:
3-25 (1) the tenant is present and gives consent; or
3-26 (2) the tenant has previously given written consent.
3-27 (b) The written consent under Subsection (a)(2) must specify
4-1 the date and time entry is permitted and is valid only for the date
4-2 and time specified. The tenant may revoke the consent without
4-3 penalty at any time by notifying the landlord in writing that the
4-4 consent has been revoked.
4-5 (c) The landlord may enter the tenant's manufactured home in
4-6 a reasonable manner and at a reasonable time if:
4-7 (1) an emergency exists; or
4-8 (2) the tenant abandons the manufactured home.
4-9 Sec. 94.005. COMMON AREA FACILITIES. Each common area
4-10 facility, if any, must be open or available to tenants. The
4-11 landlord shall post the hours of operation or availability of the
4-12 facility in a conspicuous place at the facility.
4-13 Sec. 94.006. TENANT MEETINGS. (a) Except as provided by
4-14 Subsection (b), a landlord may not interfere with meetings by
4-15 tenants of the manufactured home community related to manufactured
4-16 home living.
4-17 (b) Any limitations on meetings by tenants in the common
4-18 area facilities must be included in the manufactured home community
4-19 rules.
4-20 Sec. 94.007. CASH RENTAL PAYMENTS. (a) A landlord shall
4-21 accept a tenant's cash rental payment unless the lease agreement
4-22 requires the tenant to make rental payments by check, money order,
4-23 or other traceable or negotiable instrument.
4-24 (b) A landlord who receives a cash rental payment shall:
4-25 (1) provide the tenant with a written receipt; and
4-26 (2) enter the payment date and amount in a record book
4-27 maintained by the landlord.
5-1 (c) A tenant or a governmental entity or civic association
5-2 acting on the tenant's behalf may file suit against a landlord to
5-3 enjoin a violation of this section.
5-4 Sec. 94.008. MANUFACTURED HOME COMMUNITY RULES. (a) A
5-5 landlord may adopt manufactured home community rules that are not
5-6 arbitrary or capricious.
5-7 (b) Manufactured home community rules are considered part of
5-8 the lease agreement.
5-9 (c) The landlord may add to or amend manufactured home
5-10 community rules. If the landlord adds or amends a rule:
5-11 (1) the rule is not effective until the 30th day after
5-12 the date each tenant is provided with a written copy of the added
5-13 or amended rule; and
5-14 (2) if a tenant is required to take any action that
5-15 requires the expenditure of funds in excess of $25 to comply with
5-16 the rule, the landlord shall give the tenant at least 90 days
5-17 after the date each tenant is provided with a written copy of the
5-18 added or amended rule to comply with the rule.
5-19 Sec. 94.009. NOTICE TO TENANT AT PRIMARY RESIDENCE. (a)
5-20 If, at the time of signing a lease agreement or lease renewal, a
5-21 tenant gives written notice to the tenant's landlord that the
5-22 tenant does not occupy the manufactured home lot as a primary
5-23 residence and requests in writing that the landlord send notices to
5-24 the tenant at the tenant's primary residence and provides to the
5-25 landlord the address of the tenant's primary residence, the
5-26 landlord shall mail to the tenant's primary residence all notices
5-27 required by the lease agreement, by this chapter, or by Chapter 24.
6-1 (b) The tenant shall notify the landlord in writing of any
6-2 change in the tenant's primary residence address. Oral notices of
6-3 change are insufficient.
6-4 (c) A notice to a tenant's primary residence under
6-5 Subsection (a) may be sent by regular United States mail and is
6-6 considered as having been given on the date of postmark of the
6-7 notice.
6-8 (d) If there is more than one tenant on a lease agreement,
6-9 the landlord is not required under this section to send notices to
6-10 the primary residence of more than one tenant.
6-11 (e) This section does not apply if notice is actually hand
6-12 delivered to and received by a person 16 years of age or older
6-13 occupying the leased premises.
6-14 Sec. 94.010. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A
6-15 landlord shall disclose to a tenant, or to any governmental
6-16 official or employee acting in an official capacity, according to
6-17 this section:
6-18 (1) the name and either a street or post office box
6-19 address of the holder of record title, according to the deed
6-20 records in the county clerk's office, of the premises leased by the
6-21 tenant or inquired about by the governmental official or employee
6-22 acting in an official capacity; and
6-23 (2) if an entity located off-site from the
6-24 manufactured home community is primarily responsible for managing
6-25 the leased premises, the name and street address of that entity.
6-26 (b) Disclosure to a tenant under Subsection (a) must be made
6-27 by:
7-1 (1) giving the information in writing to the tenant on
7-2 or before the seventh day after the date the landlord receives the
7-3 tenant's written request for the information;
7-4 (2) continuously posting the information in a
7-5 conspicuous place in the manufactured home community or the office
7-6 of the on-site manager or on the outside of the entry door to the
7-7 office of the on-site manager on or before the seventh day after
7-8 the date the landlord receives the tenant's written request for the
7-9 information; or
7-10 (3) including the information in a copy of the
7-11 tenant's lease or in written manufactured home community rules
7-12 given to the tenant before the tenant requests the information.
7-13 (c) Disclosure of information to a tenant may be made under
7-14 Subsection (b)(1) or (2) before the tenant requests the
7-15 information.
7-16 (d) Disclosure of information to a governmental official or
7-17 employee must be made by giving the information in writing to the
7-18 official or employee on or before the seventh day after the date
7-19 the landlord receives a written request for the information from
7-20 the official or employee.
7-21 (e) A correction to the information may be made by any of
7-22 the methods authorized and must be made within the period
7-23 prescribed by this section for providing the information.
7-24 (f) For the purposes of this section, an owner or property
7-25 manager may disclose either an actual name or an assumed name if an
7-26 assumed name certificate has been recorded with the county clerk.
7-27 (g) A landlord who provides information under this section
8-1 violates this section if:
8-2 (1) the information becomes incorrect because a name
8-3 or address changes; and
8-4 (2) the landlord fails to correct the information
8-5 given to a tenant on or before the 15th day after the date the
8-6 information becomes incorrect.
8-7 Sec. 94.011. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (a)
8-8 In a lawsuit by a tenant to enforce a legal obligation of the owner
8-9 as landlord of the manufactured home community, the owner's agent
8-10 for service of process is determined according to this section.
8-11 (b) The owner's management company, on-site manager, or rent
8-12 collector for the manufactured home community is the owner's
8-13 authorized agent for service of process unless the owner's name and
8-14 business street address have been furnished in writing to the
8-15 tenant.
8-16 Sec. 94.012. VENUE. Venue for an action under this chapter
8-17 is governed by Section 15.0115, Civil Practice and Remedies Code.
8-18 (Sections 94.013-94.050 reserved for expansion
8-19 SUBCHAPTER B. LEASE AGREEMENT
8-20 Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE
8-21 TENANT. At the time the landlord receives an application from a
8-22 prospective tenant, the landlord shall give the tenant a copy of:
8-23 (1) the proposed lease agreement for the manufactured
8-24 home community;
8-25 (2) any manufactured home community rules; and
8-26 (3) a separate disclosure statement with the following
8-27 prominently printed in at least 10-point type:
9-1 "You have the legal right to an initial lease term of six
9-2 months. If you prefer a different lease period, you and your
9-3 landlord may negotiate a shorter or longer lease period. After the
9-4 initial lease period expires, you and your landlord may negotiate a
9-5 new lease term by mutual agreement. Regardless of the term of the
9-6 lease, the landlord must give you at least 60 days' notice if the
9-7 landlord will not renew your lease and will require that you
9-8 relocate your manufactured home or recreational vehicle. During
9-9 the 60-day period, you must continue to pay all rent and other
9-10 amounts due under the lease agreement, including late charges, if
9-11 any."
9-12 Sec. 94.052. TERM OF LEASE. (a) A landlord shall offer the
9-13 tenant a lease agreement with an initial lease term of at least six
9-14 months. If the tenant requests a lease agreement with a different
9-15 lease period, the landlord and the tenant may mutually agree to a
9-16 shorter or longer lease period. The landlord and the tenant may
9-17 mutually agree to subsequent lease periods of any length for each
9-18 renewal of the lease agreement.
9-19 (b) Regardless of the term of the lease, the landlord must
9-20 provide notice to the tenant not later than the 60th day before the
9-21 date of the expiration of the lease if the landlord does not renew
9-22 the lease. During the 60-day period, the tenant must pay all rent
9-23 and other amounts due under the lease agreement, including late
9-24 charges, if any.
9-25 Sec. 94.053. LEASE REQUIREMENTS AND DISCLOSURES. (a) A
9-26 lease agreement must be:
9-27 (1) typed or printed in legible handwriting; and
10-1 (2) signed by the landlord and the tenant.
10-2 (b) The landlord shall provide the tenant with a copy of the
10-3 lease agreement and a current copy of the manufactured home
10-4 community rules after the lease has been signed.
10-5 (c) A lease agreement must contain the following
10-6 information:
10-7 (1) the address or number of the manufactured home lot
10-8 and the number and location of any accompanying parking spaces;
10-9 (2) the lease term;
10-10 (3) the rental amount;
10-11 (4) the interval at which rent must be paid and the
10-12 date on which periodic rental payments are due;
10-13 (5) any late charge or fee or charge for any service
10-14 or facility;
10-15 (6) the amount of any security deposit;
10-16 (7) a description of the landlord's maintenance
10-17 responsibilities;
10-18 (8) the telephone number of the person who may be
10-19 contacted for emergency maintenance;
10-20 (9) the name and address of the person designated to
10-21 accept official notices for the landlord;
10-22 (10) the penalty the landlord may impose for the
10-23 tenant's early termination as provided by Section 94.201;
10-24 (11) the grounds for eviction as provided by
10-25 Subchapter E;
10-26 (12) a disclosure of the landlord's right to terminate
10-27 the lease agreement if there is a change in the land use of the
11-1 manufactured home community during the lease term as provided by
11-2 Section 94.204;
11-3 (13) a disclosure of any incorporation by reference of
11-4 an addendum relating to submetering of utility services;
11-5 (14) a prominent disclosure informing the tenant that
11-6 Chapter 94, Property Code, governs certain rights granted to the
11-7 tenant and obligations imposed on the landlord by law;
11-8 (15) if there is a temporary zoning permit for the
11-9 land use of the manufactured home community, the date the zoning
11-10 permit expires; and
11-11 (16) any other terms or conditions of occupancy not
11-12 expressly included in the manufactured home community rules.
11-13 (d) A lease provision requiring an increase in rent or in
11-14 fees or charges during the lease term must be initialed by the
11-15 tenant or the provision is void.
11-16 (e) Any illegal or unconscionable provision in a lease is
11-17 void. If a lease provision is determined void, the invalidity of
11-18 the provision does not affect other provisions of the lease that
11-19 can be given effect without reference to the invalid provision.
11-20 Sec. 94.054. DISCLOSURE BY TENANT REQUIRED. A tenant shall
11-21 disclose to the landlord before the lease agreement is signed the
11-22 name and address of any person who holds a lien on the tenant's
11-23 manufactured home.
11-24 Sec. 94.055. NOTICE OF LEASE RENEWAL. (a) The landlord
11-25 shall provide a tenant a notice to vacate the leased premises or an
11-26 offer of lease renewal:
11-27 (1) not later than the 60th day before the date the
12-1 current lease term expires; or
12-2 (2) if the lease is a month-to-month lease, not later
12-3 than the 60th day before the date the landlord intends to terminate
12-4 the current term of the lease.
12-5 (b) If the landlord offers to renew the lease, the landlord
12-6 shall notify the tenant of the proposed rent amount and any change
12-7 in the lease terms. The notice must also include a statement
12-8 informing the tenant that the tenant's failure to reject the
12-9 landlord's offer to renew the lease within the 30-day period
12-10 prescribed by Subsection (c) will result in the renewal of the
12-11 lease under the modified terms as provided by Subsection (c).
12-12 (c) If the landlord offers to renew the lease, the tenant
12-13 must notify the landlord not later than the 30th day before the
12-14 date the current lease expires whether the tenant rejects the terms
12-15 of the offer and intends to vacate the leased premises on the date
12-16 the current lease term expires. If the tenant fails to provide the
12-17 notice within the period prescribed by this subsection, the lease
12-18 is renewed under the modified terms beginning on the first day
12-19 after the date of the expiration of the current lease term.
12-20 (d) Notwithstanding Subsection (a), the landlord may request
12-21 a tenant to vacate the leased premises before the end of the notice
12-22 period prescribed by Subsection (a) only if the landlord
12-23 compensates the tenant in advance for relocation expenses,
12-24 including the cost of moving and installing the manufactured home
12-25 at a new location.
12-26 Sec. 94.056. PENALTY FOR LATE PAYMENT. A landlord may
12-27 assess a penalty for late payment of rent or another fee or charge
13-1 if the payment is not remitted on or before the date stipulated in
13-2 the lease agreement.
13-3 Sec. 94.057. ASSIGNMENT OF LEASE AND SUBLEASE. (a) A
13-4 landlord may prohibit a tenant from assigning a lease agreement or
13-5 subleasing the leased premises if the prohibition is included in
13-6 the lease agreement.
13-7 (b) If the landlord permits a tenant to assign a lease
13-8 agreement or sublease the leased premises, the lease agreement must
13-9 specify the conditions under which the tenant may enter into an
13-10 assignment or sublease agreement.
13-11 (Sections 94.058-94.100 reserved for expansion
13-12 SUBCHAPTER C. SECURITY DEPOSIT
13-13 Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security
13-14 deposit" means any advance of money, other than a rental
13-15 application deposit or an advance payment of rent, that is intended
13-16 primarily to secure performance under a lease of a lot in a
13-17 manufactured home community that has been entered into by a
13-18 landlord and a tenant.
13-19 Sec. 94.102. SECURITY DEPOSIT PERMITTED. (a) At the time
13-20 the tenant executes the initial lease agreement, the landlord may
13-21 require a security deposit.
13-22 (b) The landlord shall keep accurate records relating to
13-23 security deposits.
13-24 Sec. 94.103. OBLIGATION TO REFUND. (a) Except as provided
13-25 by this subchapter, the landlord shall refund the security deposit
13-26 not later than the 30th day after the date the tenant surrenders
13-27 the manufactured home lot.
14-1 (b) A requirement that a tenant give advance notice of
14-2 surrender as a condition for refunding the security deposit is
14-3 effective only if the requirement is underlined or is printed in
14-4 conspicuous bold print in the lease.
14-5 (c) The tenant's claim to the security deposit takes
14-6 priority over the claim of any creditor of the landlord, including
14-7 a trustee in bankruptcy.
14-8 Sec. 94.104. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR
14-9 RENT PREPAYMENT. (a) Except as provided by Subsection (b), a
14-10 landlord who receives a security deposit or rent prepayment for a
14-11 manufactured home lot from a tenant who fails to occupy the lot
14-12 according to a lease agreement between the landlord and the tenant
14-13 may not retain the security deposit or rent prepayment if:
14-14 (1) the tenant secures a replacement tenant
14-15 satisfactory to the landlord and the replacement tenant occupies
14-16 the lot on or before the commencement date of the lease; or
14-17 (2) the landlord secures a replacement tenant
14-18 satisfactory to the landlord and the replacement tenant occupies
14-19 the lot on or before the commencement date of the lease.
14-20 (b) If the landlord secures the replacement tenant, the
14-21 landlord may retain and deduct from the security deposit or rent
14-22 prepayment either:
14-23 (1) an amount agreed to in the lease agreement as a
14-24 lease cancellation fee; or
14-25 (2) actual expenses incurred by the landlord in
14-26 securing the replacement tenant, including a reasonable amount for
14-27 the time spent by the landlord in securing the replacement tenant.
15-1 Sec. 94.105. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a)
15-2 Before returning a security deposit, the landlord may deduct from
15-3 the deposit damages and charges for which the tenant is legally
15-4 liable under the lease agreement or as a result of breaching the
15-5 lease.
15-6 (b) The landlord may not retain any portion of a security
15-7 deposit to cover normal wear and tear.
15-8 (c) If the landlord retains all or part of a security
15-9 deposit under this section, the landlord shall give to the tenant
15-10 the balance of the security deposit, if any, together with a
15-11 written description and itemized list of all deductions. The
15-12 landlord is not required to give the tenant a description and
15-13 itemized list of deductions if:
15-14 (1) the tenant owes rent when the tenant surrenders
15-15 possession of the manufactured home lot; and
15-16 (2) no controversy exists concerning the amount of
15-17 rent owed.
15-18 Sec. 94.106. CESSATION OF OWNER'S INTEREST. (a) If the
15-19 owner's interest in the premises is terminated by sale, assignment,
15-20 death, appointment of a receiver, bankruptcy, or otherwise, the new
15-21 owner is liable for the return of security deposits according to
15-22 this subchapter from the date title to the premises is acquired,
15-23 regardless of whether notice is given to the tenant under
15-24 Subsection (b).
15-25 (b) The person who no longer owns an interest in the leased
15-26 premises remains liable for a security deposit received while the
15-27 person was the owner until the new owner delivers to the tenant a
16-1 signed statement acknowledging that the new owner has received and
16-2 is responsible for the tenant's security deposit and specifying the
16-3 exact dollar amount of the deposit.
16-4 Sec. 94.107. TENANT'S FORWARDING ADDRESS. (a) A landlord is
16-5 not obligated to return a tenant's security deposit or give the
16-6 tenant a written description of damages and charges until the
16-7 tenant gives the landlord a written statement of the tenant's
16-8 forwarding address for the purpose of refunding the security
16-9 deposit.
16-10 (b) The tenant does not forfeit the right to a refund of the
16-11 security deposit or the right to receive a description of damages
16-12 and charges merely for failing to give a forwarding address to the
16-13 landlord.
16-14 Sec. 94.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.
16-15 (a) A tenant may not withhold payment of any portion of the last
16-16 month's rent on grounds that the security deposit is security for
16-17 unpaid rent.
16-18 (b) A tenant who violates this section is presumed to have
16-19 acted in bad faith. A tenant who in bad faith violates this
16-20 section is liable to the landlord for an amount equal to three
16-21 times the rent wrongfully withheld and the landlord's reasonable
16-22 attorney's fees in a suit to recover the rent.
16-23 Sec. 94.109. LIABILITY OF LANDLORD. (a) A landlord who in
16-24 bad faith retains a security deposit in violation of this
16-25 subchapter is liable for an amount equal to the sum of $100, three
16-26 times the portion of the deposit wrongfully withheld, and the
16-27 tenant's reasonable attorney's fees in a suit to recover the
17-1 deposit.
17-2 (b) A landlord who in bad faith does not provide a written
17-3 description and itemized list of damages and charges in violation
17-4 of this subchapter:
17-5 (1) forfeits the right to withhold any portion of the
17-6 security deposit or to bring suit against the tenant for damages to
17-7 the premises; and
17-8 (2) is liable for the tenant's reasonable attorney's
17-9 fees in a suit to recover the deposit.
17-10 (c) In an action brought by a tenant under this subchapter,
17-11 the landlord has the burden of proving that the retention of any
17-12 portion of the security deposit was reasonable.
17-13 (d) A landlord who fails either to return a security deposit
17-14 or to provide a written description and itemization of deductions
17-15 on or before the 30th day after the date the tenant surrenders
17-16 possession is presumed to have acted in bad faith.
17-17 (Sections 94.110-94.150 reserved for expansion
17-18 SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS
17-19 Sec. 94.151. WARRANTY OF SUITABILITY. By executing a lease
17-20 agreement, the landlord warrants that the manufactured home lot is
17-21 suitable for the installation of a manufactured home during the
17-22 term of the lease agreement.
17-23 Sec. 94.152. LANDLORD'S MAINTENANCE OBLIGATIONS. The
17-24 landlord shall:
17-25 (1) comply with any code, statute, ordinance, and
17-26 administrative rule applicable to the manufactured home community;
17-27 (2) maintain all common areas, if any, of the
18-1 manufactured home community in a clean and useable condition;
18-2 (3) maintain all utility lines installed in the
18-3 manufactured home community by the landlord unless the utility
18-4 lines are maintained by a public utility or political subdivision;
18-5 (4) maintain individual mailboxes for the tenants in
18-6 accordance with United States Postal Service regulations unless
18-7 mailboxes are permitted to be located on the tenant's manufactured
18-8 home lot;
18-9 (5) maintain roads in the manufactured home community
18-10 to the extent necessary to provide access to each tenant's
18-11 manufactured home lot;
18-12 (6) provide services for the common collection and
18-13 removal of garbage and solid waste from within the manufactured
18-14 home community; and
18-15 (7) repair or remedy conditions on the premises that
18-16 materially affect the physical health or safety of an ordinary
18-17 tenant of the manufactured home community.
18-18 Sec. 94.153. LANDLORD'S REPAIR OBLIGATIONS. (a) This
18-19 section does not apply to a condition present in or on a tenant's
18-20 manufactured home.
18-21 (b) A landlord shall make a diligent effort to repair or
18-22 remedy a condition if:
18-23 (1) the tenant specifies the condition in a notice to
18-24 the person to whom or to the place at which rent is normally paid;
18-25 (2) the tenant is not delinquent in the payment of
18-26 rent at the time notice is given; and
18-27 (3) the condition materially affects the physical
19-1 health or safety of an ordinary tenant.
19-2 (c) Unless the condition was caused by normal wear and tear,
19-3 the landlord does not have a duty during the lease term or a
19-4 renewal or extension to repair or remedy a condition caused by:
19-5 (1) the tenant;
19-6 (2) a lawful occupant of the tenant's manufactured
19-7 home lot;
19-8 (3) a member of the tenant's family; or
19-9 (4) a guest or invitee of the tenant.
19-10 (d) This subchapter does not require the landlord:
19-11 (1) to furnish utilities from a utility company if as
19-12 a practical matter the utility lines of the company are not
19-13 reasonably available; or
19-14 (2) to furnish security guards.
19-15 Sec. 94.154. BURDEN OF PROOF. (a) Except as provided by
19-16 this section, the tenant has the burden of proof in a judicial
19-17 action to enforce a right resulting from the landlord's failure to
19-18 repair or remedy a condition under Section 94.153.
19-19 (b) If the landlord does not provide a written explanation
19-20 for delay in performing a duty to repair or remedy on or before the
19-21 fifth day after receiving from the tenant a written demand for an
19-22 explanation, the landlord has the burden of proving that the
19-23 landlord made a diligent effort to repair and that a reasonable
19-24 time for repair did not elapse.
19-25 Sec. 94.155. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE
19-26 AND TIME FOR REPAIR. (a) A landlord's liability under this section
19-27 is subject to Section 94.153(c) regarding conditions that are
20-1 caused by a tenant.
20-2 (b) A landlord is liable to a tenant as provided by this
20-3 subchapter if:
20-4 (1) the tenant has given the landlord notice to repair
20-5 or remedy a condition by giving that notice to the person to whom
20-6 or to the place where the tenant's rent is normally paid;
20-7 (2) the condition materially affects the physical
20-8 health or safety of an ordinary tenant;
20-9 (3) the tenant has given the landlord a subsequent
20-10 written notice to repair or remedy the condition after a reasonable
20-11 time to repair or remedy the condition following the notice given
20-12 under Subdivision (1) or the tenant has given the notice under
20-13 Subdivision (1) by sending that notice by certified mail, return
20-14 receipt requested, or by registered mail;
20-15 (4) the landlord has had a reasonable time to repair
20-16 or remedy the condition after the landlord received the tenant's
20-17 notice under Subdivision (1) and, if applicable, the tenant's
20-18 subsequent notice under Subdivision (3);
20-19 (5) the landlord has not made a diligent effort to
20-20 repair or remedy the condition after the landlord received the
20-21 tenant's notice under Subdivision (1) and, if applicable, the
20-22 tenant's notice under Subdivision (3); and
20-23 (6) the tenant was not delinquent in the payment of
20-24 rent at the time any notice required by this subsection was given.
20-25 (c) For purposes of Subsection (b)(4) or (5), a landlord is
20-26 considered to have received the tenant's notice when the landlord
20-27 or the landlord's agent or employee has actually received the
21-1 notice or when the United States Postal Service has attempted to
21-2 deliver the notice to the landlord.
21-3 (d) For purposes of Subsection (b)(3) or (4), in determining
21-4 whether a period of time is a reasonable time to repair or remedy a
21-5 condition, there is a rebuttable presumption that seven days is a
21-6 reasonable time. To rebut that presumption, the date on which the
21-7 landlord received the tenant's notice, the severity and nature of
21-8 the condition, and the reasonable availability of materials and
21-9 labor and of utilities from a utility company must be considered.
21-10 (e) Except as provided by Subsection (f), a tenant to whom a
21-11 landlord is liable under Subsection (b) may:
21-12 (1) terminate the lease;
21-13 (2) have the condition repaired or remedied according
21-14 to Section 94.156;
21-15 (3) deduct from the tenant's rent, without necessity
21-16 of judicial action, the cost of the repair or remedy according to
21-17 Section 94.156; and
21-18 (4) obtain judicial remedies according to Section
21-19 94.158.
21-20 (f) A tenant who elects to terminate the lease under
21-21 Subsection (e) is:
21-22 (1) entitled to a pro rata refund of rent from the
21-23 date of termination or the date the tenant moves out, whichever is
21-24 later;
21-25 (2) entitled to deduct the tenant's security deposit
21-26 from the tenant's rent without necessity of lawsuit or to obtain a
21-27 refund of the tenant's security deposit according to law; and
22-1 (3) not entitled to the other repair and deduct
22-2 remedies under Section 94.156 or the judicial remedies under
22-3 Sections 94.158(a)(1) and (2).
22-4 Sec. 94.156. TENANT'S REPAIR AND DEDUCT REMEDIES. (a) If
22-5 the landlord is liable to the tenant under Section 94.155(b), the
22-6 tenant may have the condition repaired or remedied and may deduct
22-7 the cost from a subsequent rent payment as provided by this
22-8 section.
22-9 (b) Except as provided by this subsection, the tenant's
22-10 deduction for the cost of the repair or remedy may not exceed the
22-11 amount of one month's rent under the lease agreement or $500,
22-12 whichever is greater. If the tenant's rent is subsidized in whole
22-13 or in part by a governmental agency, the deduction limitation of
22-14 one month's rent means the fair market rent for the manufactured
22-15 home lot and not the rent that the tenant pays. The governmental
22-16 agency subsidizing the rent shall determine the fair market rent.
22-17 If the governmental agency does not make a determination, the fair
22-18 market rent means a reasonable amount of rent under the
22-19 circumstances.
22-20 (c) Repairs and deductions under this section may be made as
22-21 often as necessary provided that the total repairs and deductions
22-22 in any one month may not exceed one month's rent or $500, whichever
22-23 is greater.
22-24 (d) Repairs under this section may be made only if all of
22-25 the following requirements are met:
22-26 (1) the landlord has a duty to repair or remedy the
22-27 condition under Section 94.153 and the duty has not been waived by
23-1 the tenant in a written lease agreement;
23-2 (2) the tenant has given notice to the landlord in the
23-3 same manner as prescribed by Section 92.056(b)(1) and, if required
23-4 under Section 92.056(b)(3), a subsequent notice in the same manner
23-5 as prescribed by that subsection; and
23-6 (3) any one of the following events has occurred:
23-7 (A) the landlord has failed to remedy the backup
23-8 or overflow of raw sewage inside the tenant's manufactured home
23-9 that results from a condition in the utility lines installed in the
23-10 manufactured home community by the landlord;
23-11 (B) the landlord has expressly or impliedly
23-12 agreed in the lease agreement to furnish potable water to the
23-13 tenant's manufactured home lot and the water service to the lot has
23-14 totally ceased; or
23-15 (C) the landlord has been notified in writing by
23-16 the appropriate local housing, building, or health official or
23-17 other official having jurisdiction that a condition existing on the
23-18 manufactured home lot materially affects the health or safety of an
23-19 ordinary tenant.
23-20 (e) At least one of the notices given under Subsection
23-21 (d)(2) must state that the tenant intends to repair or remedy the
23-22 condition. The notice must also contain a reasonable description
23-23 of the intended repair or remedy.
23-24 (f) If the requirements prescribed by Subsections (d) and
23-25 (e) are met, a tenant may:
23-26 (1) have the condition repaired or remedied
23-27 immediately following the tenant's notice of intent to repair if
24-1 the condition involves the backup or overflow of sewage;
24-2 (2) have the condition repaired or remedied if the
24-3 condition involves a cessation of potable water if the landlord has
24-4 failed to repair or remedy the condition before the fourth day
24-5 after the date the tenant delivers a notice of intent to repair; or
24-6 (3) have the condition repaired or remedied if the
24-7 condition is not covered by Subsection (d)(3)(A) or (B) and
24-8 involves a condition affecting the physical health or safety of the
24-9 ordinary tenant if the landlord has failed to repair or remedy the
24-10 condition before the eighth day after the date the tenant delivers
24-11 a notice of intent to repair.
24-12 (g) Repairs made based on a tenant's notice must be made by
24-13 a company, contractor, or repairman listed at the time of the
24-14 tenant's notice of intent to repair in the yellow or business pages
24-15 of the telephone directory or in the classified advertising section
24-16 of a newspaper of the municipality or county in which the
24-17 manufactured home community is located or in an adjacent county.
24-18 Unless the landlord and tenant agree otherwise under Subsection
24-19 (i), repairs may not be made by the tenant, the tenant's immediate
24-20 family, the tenant's employer or employees, or a company in which
24-21 the tenant has an ownership interest. Repairs may not be made to
24-22 the foundation or load-bearing structural elements of the
24-23 manufactured home lot.
24-24 (h) Repairs made based on a tenant's notice must comply with
24-25 applicable building codes, including any required building permit.
24-26 (i) A landlord and a tenant may mutually agree for the
24-27 tenant to repair or remedy, at the landlord's expense, any
25-1 condition on the manufactured home lot regardless of whether it
25-2 materially affects the health or safety of an ordinary tenant.
25-3 (j) The tenant may not contract for labor or materials in
25-4 excess of the amount the tenant may deduct under this section. The
25-5 landlord is not liable to repairmen, contractors, or material
25-6 suppliers who furnish labor or materials to repair or remedy the
25-7 condition. A repairman or supplier does not have a lien for
25-8 materials or services arising out of repairs contracted for by the
25-9 tenant under this section.
25-10 (k) When deducting the cost of repairs from the rent
25-11 payment, the tenant shall furnish the landlord, along with payment
25-12 of the balance of the rent, a copy of the repair bill and the
25-13 receipt for its payment. A repair bill and receipt may be the same
25-14 document.
25-15 (l) If the landlord repairs or remedies the condition after
25-16 the tenant has contacted a repairman but before the repairman
25-17 commences work, the landlord is liable for the cost incurred by the
25-18 tenant for the repairman's charge for traveling to the premises,
25-19 and the tenant may deduct the charge from the tenant's rent as if
25-20 it were a repair cost.
25-21 Sec. 94.157. LANDLORD AFFIDAVIT FOR DELAY. (a) The tenant
25-22 must delay contracting for repairs under Section 94.156 if, before
25-23 the tenant contracts for the repairs, the landlord delivers to the
25-24 tenant an affidavit signed and sworn to under oath by the landlord
25-25 or the landlord's authorized agent and complying with this section.
25-26 (b) The affidavit must summarize the reasons for the delay
25-27 and the diligent efforts made by the landlord up to the date of the
26-1 affidavit to get the repairs done. The affidavit must state facts
26-2 showing that the landlord has made and is making diligent efforts
26-3 to repair the condition, and it must contain dates, names,
26-4 addresses, and telephone numbers of contractors, suppliers, and
26-5 repairers contacted by the owner.
26-6 (c) Affidavits under this section may delay repair by the
26-7 tenant for:
26-8 (1) 15 days if the landlord's failure to repair is
26-9 caused by a delay in obtaining necessary parts for which the
26-10 landlord is not at fault; or
26-11 (2) 30 days if the landlord's failure to repair is
26-12 caused by a general shortage of labor or materials for repair
26-13 following a natural disaster such as a hurricane, tornado, flood,
26-14 extended freeze, or widespread windstorm.
26-15 (d) Affidavits for delay based on grounds other than those
26-16 listed in Subsection (c) are unlawful and, if used, are of no
26-17 effect. The landlord may file subsequent affidavits, provided that
26-18 the total delay of the repair or remedy extends no longer than six
26-19 months from the date the landlord delivers the first affidavit to
26-20 the tenant.
26-21 (e) The affidavit must be delivered to the tenant by any of
26-22 the following methods:
26-23 (1) personal delivery to the tenant;
26-24 (2) certified mail, return receipt requested, to the
26-25 tenant; or
26-26 (3) leaving the notice securely fixed on the outside
26-27 of the main entry door of the manufactured home if notice in that
27-1 manner is authorized in a written lease.
27-2 (f) Affidavits for delay by a landlord under this section
27-3 must be submitted in good faith. Following delivery of the
27-4 affidavit, the landlord must continue diligent efforts to repair or
27-5 remedy the condition. There shall be a rebuttable presumption that
27-6 the landlord acted in good faith and with continued diligence for
27-7 the first affidavit for delay the landlord delivers to the tenant.
27-8 The landlord shall have the burden of pleading and proving good
27-9 faith and continued diligence for subsequent affidavits for delay.
27-10 A landlord who violates this section shall be liable to the tenant
27-11 for all judicial remedies under Section 94.158, except that the
27-12 civil penalty under Section 94.158(a)(3) shall be one month's rent
27-13 plus $1,000.
27-14 (g) If the landlord is liable to the tenant under Section
27-15 94.155 and if a new landlord, in good faith and without knowledge
27-16 of the tenant's notice of intent to repair, has acquired title to
27-17 the tenant's dwelling by foreclosure, deed in lieu of foreclosure,
27-18 or general warranty deed in a bona fide purchase, then the
27-19 following shall apply:
27-20 (1) The tenant's right to terminate the lease under
27-21 this subchapter shall not be affected, and the tenant shall have no
27-22 duty to give additional notice to the new landlord.
27-23 (2) The tenant's right to repair and deduct for
27-24 conditions involving sewage backup or overflow or a cutoff of
27-25 potable water under Section 94.156(f) shall not be affected, and
27-26 the tenant shall have no duty to give additional notice to the new
27-27 landlord.
28-1 (3) For conditions other than those specified in
28-2 Subdivision (2), if the new landlord acquires title as described by
28-3 this subsection and has notified the tenant of the name and address
28-4 of the new landlord or the new landlord's authorized agent and if
28-5 the tenant has not already contracted for the repair or remedy at
28-6 the time the tenant is so notified, the tenant must deliver to the
28-7 new landlord a written notice of intent to repair or remedy the
28-8 condition, and the new landlord shall have a reasonable time to
28-9 complete the repair before the tenant may repair or remedy the
28-10 condition. No further notice from the tenant is necessary in order
28-11 for the tenant to repair or remedy the condition after a reasonable
28-12 time has elapsed.
28-13 (4) The tenant's judicial remedies under Section
28-14 94.158 shall be limited to recovery against the landlord to whom
28-15 the tenant gave the required notices until the tenant has given the
28-16 new landlord the notices required by this section and otherwise
28-17 complied with Section 94.155 as to the new landlord.
28-18 (5) If the new landlord violates this subsection, the
28-19 new landlord is liable to the tenant for a civil penalty of one
28-20 month's rent plus $2,000, actual damages, and attorney's fees.
28-21 (6) No provision of this section shall affect any
28-22 right of a foreclosing superior lienholder to terminate, according
28-23 to law, any interest in the premises held by the holders of
28-24 subordinate liens, encumbrances, leases, or other interests and
28-25 shall not affect any right of the tenant to terminate the lease
28-26 according to law.
28-27 Sec. 94.158. TENANT'S JUDICIAL REMEDIES. (a) A tenant's
29-1 judicial remedies under Section 94.155 shall include:
29-2 (1) an order directing the landlord to take reasonable
29-3 action to repair or remedy the condition;
29-4 (2) an order reducing the tenant's rent, from the date
29-5 of the first repair notice, in proportion to the reduced rental
29-6 value resulting from the condition until the condition is repaired
29-7 or remedied;
29-8 (3) a judgment against the landlord for a civil
29-9 penalty of one month's rent plus $500;
29-10 (4) a judgment against the landlord for the amount of
29-11 the tenant's actual damages; and
29-12 (5) court costs and attorney's fees, excluding any
29-13 attorney's fees for a cause of action for damages relating to a
29-14 personal injury.
29-15 (b) A landlord who knowingly violates Section 94.003 by
29-16 contracting with a tenant to waive the landlord's duty to repair
29-17 under this subchapter shall be liable to the tenant for actual
29-18 damages, a civil penalty of one month's rent plus $2,000, and
29-19 reasonable attorney's fees. For purposes of this subsection, there
29-20 shall be a rebuttable presumption that the landlord acted without
29-21 knowledge of the violation. The tenant shall have the burden of
29-22 pleading and proving a knowing violation. If the lease is not in
29-23 violation of Section 94.003, the tenant's proof of a knowing
29-24 violation must be clear and convincing. A mutual agreement for
29-25 tenant repair under Section 94.156(i) is not a violation of Section
29-26 94.003.
29-27 (c) The justice, county, and district courts have concurrent
30-1 jurisdiction of an action under Subsection (a), except that the
30-2 justice court may not order repairs under Subsection (a)(1).
30-3 Sec. 94.159. LANDLORD REMEDY FOR TENANT VIOLATION. (a) If a
30-4 tenant withholds rent, causes repairs to be performed, or makes
30-5 rent deductions for repairs in violation of this subchapter, the
30-6 landlord may recover actual damages from the tenant. If, after a
30-7 landlord has notified a tenant in writing of the illegality of the
30-8 tenant's rent withholding or the tenant's proposed repair and the
30-9 penalties of this subchapter, the tenant withholds rent, causes
30-10 repairs to be performed, or makes rent deductions for repairs in
30-11 bad faith violation of this subchapter, the landlord may recover
30-12 from the tenant a civil penalty of one month's rent plus $500.
30-13 (b) Notice under this section must be in writing and may be
30-14 given in person, by mail, or by delivery to the premises.
30-15 (c) The landlord has the burden of pleading and proving, by
30-16 clear and convincing evidence, that the landlord gave the tenant
30-17 the required notice of the illegality and the penalties and that
30-18 the tenant's violation was done in bad faith. In any litigation
30-19 under this subsection, the prevailing party shall recover
30-20 reasonable attorney's fees from the nonprevailing party.
30-21 Sec. 94.160. AGENTS FOR DELIVERY OF NOTICE. A managing
30-22 agent, leasing agent, or resident manager is the agent of the
30-23 landlord for purposes of notice and other communications required
30-24 or permitted by this subchapter.
30-25 Sec. 94.161. EFFECT ON OTHER RIGHTS. The duties of a
30-26 landlord and the remedies of a tenant under this subchapter are in
30-27 lieu of existing common law and other statutory law warranties and
31-1 duties of landlords for maintenance, repair, security, suitability,
31-2 and nonretaliation, and remedies of tenants for a violation of
31-3 those warranties and duties. Otherwise, this subchapter does not
31-4 affect any other right of a landlord or tenant under contract,
31-5 statutory law, or common law that is consistent with the purposes
31-6 of this subchapter or any right a landlord or tenant may have to
31-7 bring an action for personal injury or property damage under the
31-8 law of this state. This subchapter does not impose obligations on
31-9 a landlord or tenant other than those expressly stated in this
31-10 subchapter.
31-11 (Sections 94.162-94.200 reserved for expansion
31-12 SUBCHAPTER E. TERMINATION, EVICTION,
31-13 AND FORECLOSURE
31-14 Sec. 94.201. LANDLORD'S REMEDY FOR EARLY TERMINATION. (a)
31-15 Except as provided by Subsection (b), the maximum amount a landlord
31-16 may recover as damages for a tenant's early termination of a lease
31-17 agreement is an amount equal to the amount of rent that remains
31-18 outstanding for the term of the lease and any other amounts owed
31-19 for the remainder of the lease under the terms of the lease.
31-20 (b) If the tenant's manufactured home lot is reoccupied
31-21 before the 21st day after the date the tenant surrenders the lot,
31-22 the maximum amount the landlord may obtain as damages is an amount
31-23 equal to one month's rent.
31-24 Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A
31-25 landlord has a duty to mitigate damages if a tenant vacates the
31-26 manufactured home lot before the end of the lease term.
31-27 (b) A provision of a lease agreement that purports to waive
32-1 a right or to exempt a landlord from a liability or duty under this
32-2 section is void.
32-3 Sec. 94.203. EVICTION PROCEDURES GENERALLY. (a) A landlord
32-4 may prevent a tenant from entering the manufactured home lot, evict
32-5 a tenant, or require the removal of a manufactured home from the
32-6 manufactured home lot only after obtaining a writ of possession
32-7 under Chapter 24.
32-8 (b) If the tenant has disclosed the name of a lienholder as
32-9 provided by Section 94.054, the landlord shall give written notice
32-10 of eviction proceedings to the lienholder of the manufactured home
32-11 not later than the third day after the date the landlord files an
32-12 application or petition for a judgment for possession.
32-13 (c) If the court finds that the landlord initiated the
32-14 eviction proceeding to retaliate against the tenant in violation of
32-15 Section 94.251, the court may not approve the eviction of the
32-16 tenant.
32-17 (d) Notwithstanding other law, a court may not issue a writ
32-18 of possession in favor of a landlord before the 30th day after the
32-19 date the judgment for possession is rendered if the tenant has paid
32-20 the rent amount due under the lease for that 30-day period.
32-21 (e) The court shall notify the tenant in writing of a
32-22 default judgment for possession by sending a copy of the judgment
32-23 to the leased premises or to the owner of the manufactured home if
32-24 the tenant is not the owner by first class mail not later than 48
32-25 hours after the judgment has been rendered.
32-26 (f) If, after executing a writ of possession for the
32-27 manufactured home lot, the landlord removes the manufactured home
33-1 from the lot, the landlord not later than the 10th day after the
33-2 date the manufactured home is removed shall send a written notice
33-3 regarding the location of the manufactured home to the tenant at
33-4 the tenant's most recent mailing address as reflected in the
33-5 landlord's records and, if different, to the owner if the landlord
33-6 is given written notice of the owner's name and address.
33-7 Sec. 94.204. TERMINATION FOR CHANGE IN LAND USE. (a) A
33-8 landlord may terminate a lease agreement to change the manufactured
33-9 home community's land use only if:
33-10 (1) not later than the 120th day before the date the
33-11 land use changes, the landlord sends notice to the tenant, to the
33-12 owner of the manufactured home if the owner is not the tenant, and
33-13 to the holder of any lien on the manufactured home:
33-14 (A) specifying the date that the land use will
33-15 change; and
33-16 (B) informing the tenant, owner, and lienholder,
33-17 if any, that the owner must relocate the manufactured home; and
33-18 (2) not later than the 120th day before the date the
33-19 land use changes, the landlord posts in a conspicuous place in the
33-20 manufactured home community a notice stating that the land use will
33-21 change and specifying the date that the land use will change.
33-22 (b) The landlord is required to give the owner and
33-23 lienholder, if any, of the manufactured home notice under
33-24 Subsection (a)(1) only if the landlord is given written notice of
33-25 the name and address of the owner and lienholder.
33-26 Sec. 94.205. TERMINATION AND EVICTION FOR VIOLATION OF
33-27 LEASE. A landlord may terminate the lease agreement and evict a
34-1 tenant for a violation of a lease provision, including a
34-2 manufactured home community rule incorporated in the lease.
34-3 Sec. 94.206. TERMINATION AND EVICTION FOR NONPAYMENT OF
34-4 RENT. A landlord may terminate the lease agreement and evict a
34-5 tenant if:
34-6 (1) the tenant fails to timely pay rent or other
34-7 amounts due under the lease that in the aggregate equal the amount
34-8 of at least one month's rent;
34-9 (2) the landlord notifies the tenant in writing that
34-10 the payment is delinquent; and
34-11 (3) the tenant has not tendered the delinquent payment
34-12 in full to the landlord before the 10th day after the date the
34-13 tenant receives the notice.
34-14 (Sections 94.207-94.250 reserved for expansion
34-15 SUBCHAPTER F. PROHIBITED ACTS
34-16 Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may
34-17 not retaliate against a tenant by taking an action described by
34-18 Subsection (b) because the tenant:
34-19 (1) in good faith exercises or attempts to exercise
34-20 against a landlord a right or remedy granted to the tenant by the
34-21 lease agreement, a municipal ordinance, or a federal or state
34-22 statute;
34-23 (2) gives the landlord a notice to repair or exercise
34-24 a remedy under this chapter; or
34-25 (3) complains to a governmental entity responsible for
34-26 enforcing building or housing codes, a public utility, or a civic
34-27 or nonprofit agency, and the tenant:
35-1 (A) claims a building or housing code violation
35-2 or utility problem; and
35-3 (B) believes in good faith that the complaint is
35-4 valid and that the violation or problem occurred.
35-5 (b) A landlord may not, within six months after the date of
35-6 the tenant's action under Subsection (a), retaliate against the
35-7 tenant by:
35-8 (1) filing an eviction proceeding, except for the
35-9 grounds stated by Subchapter E;
35-10 (2) depriving the tenant of the use of the premises,
35-11 except for reasons authorized by law;
35-12 (3) decreasing services to the tenant unless the
35-13 decrease in services is part of a pattern of service reductions in
35-14 the entire manufactured home community;
35-15 (4) increasing the tenant's rent, except as part of a
35-16 community-wide rent increase;
35-17 (5) terminating the tenant's lease agreement; or
35-18 (6) engaging, in bad faith, in a course of conduct
35-19 that materially interferes with the tenant's rights under the
35-20 tenant's lease agreement.
35-21 Sec. 94.252. RESTRICTION ON SALE OF MANUFACTURED HOME. (a)
35-22 The owner of a manufactured home may sell a home located on the
35-23 leased premises if:
35-24 (1) the purchaser is approved in writing by the
35-25 landlord; and
35-26 (2) a lease agreement is signed by the purchaser.
35-27 (b) Unless the owner of a manufactured home has agreed in
36-1 writing, the landlord may not:
36-2 (1) require the owner to contract with the landlord to
36-3 act as an agent or broker in selling the home; or
36-4 (2) require the owner to pay a commission or fee from
36-5 the sale of the home.
36-6 Sec. 94.253. NONRETALIATION. (a) A landlord is not liable
36-7 for retaliation under this subchapter if the landlord proves that
36-8 the action was not made for purposes of retaliation, nor is the
36-9 landlord liable, unless the action violates a prior court order
36-10 under Section 94.158, for:
36-11 (1) increasing rent under an escalation clause in a
36-12 written lease for utilities, taxes, or insurance; or
36-13 (2) increasing rent or reducing services as part of a
36-14 pattern of rent increases or service reductions for an entire
36-15 manufactured home community.
36-16 (b) An eviction or lease termination based on the following
36-17 circumstances, which are valid grounds for eviction or lease
36-18 termination in any event, does not constitute retaliation:
36-19 (1) the tenant is delinquent in rent when the landlord
36-20 gives notice to vacate or files an eviction action;
36-21 (2) the tenant, a member of the tenant's family, or a
36-22 guest or invitee of the tenant intentionally damages property on
36-23 the premises or by word or conduct threatens the personal safety of
36-24 the landlord, the landlord's employees, or another tenant;
36-25 (3) the tenant has materially breached the lease,
36-26 other than by holding over, by an action such as violating written
36-27 lease provisions prohibiting serious misconduct or criminal acts,
37-1 except as provided by this section;
37-2 (4) the tenant holds over after giving notice of
37-3 termination or intent to vacate;
37-4 (5) the tenant holds over after the landlord gives
37-5 notice of termination at the end of the rental term and the tenant
37-6 does not take action under Section 94.251 until after the landlord
37-7 gives notice of termination; or
37-8 (6) the tenant holds over and the landlord's notice of
37-9 termination is motivated by a good faith belief that the tenant, a
37-10 member of the tenant's family, or a guest or invitee of the tenant
37-11 might:
37-12 (A) adversely affect the quiet enjoyment by
37-13 other tenants or neighbors;
37-14 (B) materially affect the health or safety of
37-15 the landlord, other tenants, or neighbors; or
37-16 (C) damage the property of the landlord, other
37-17 tenants, or neighbors.
37-18 Sec. 94.254. TENANT REMEDIES. In addition to other remedies
37-19 provided by law, if a landlord retaliates against a tenant under
37-20 this subchapter, the tenant may recover from the landlord a civil
37-21 penalty of one month's rent plus $500, actual damages, court costs,
37-22 and reasonable attorney's fees in an action for recovery of
37-23 property damages, moving costs, actual expenses, civil penalties,
37-24 or declaratory or injunctive relief, less any delinquent rents or
37-25 other sums for which the tenant is liable to the landlord. If the
37-26 tenant's rent payment to the landlord is subsidized in whole or in
37-27 part by a governmental entity, the civil penalty granted under this
38-1 section shall reflect the fair market rent of the leased premises
38-2 plus $500.
38-3 Sec. 94.255. INVALID COMPLAINTS. (a) If a tenant files or
38-4 prosecutes a suit for retaliatory action based on a complaint
38-5 asserted under Section 94.251(a)(3), and a government building or
38-6 housing inspector or utility company representative visits the
38-7 manufactured home community and determines in writing that a
38-8 violation of a building or housing code does not exist or that a
38-9 utility problem does not exist, there is a rebuttable presumption
38-10 that the tenant acted in bad faith.
38-11 (b) If a tenant files or prosecutes a suit under this
38-12 subchapter in bad faith, the landlord may recover possession of the
38-13 leased premises and may recover from the tenant a civil penalty of
38-14 one month's rent plus $500, court costs, and reasonable attorney's
38-15 fees. If the tenant's rent payment to the landlord is subsidized
38-16 in whole or in part by a governmental entity, the civil penalty
38-17 granted under this subsection shall reflect the fair market rent of
38-18 the leased premises plus $500.
38-19 Sec. 94.256. EVICTION SUITS. In an eviction suit,
38-20 retaliation by the landlord under Section 94.251 is a defense and a
38-21 rent deduction lawfully made by the tenant under this chapter is a
38-22 defense for nonpayment of the rent to the extent allowed by this
38-23 chapter. Other judicial actions under this chapter may not be
38-24 joined with an eviction suit or asserted as a defense or
38-25 cross-claim in an eviction suit.
38-26 (Sections 94.257-94.300 reserved for expansion
38-27 SUBCHAPTER G. REMEDIES
39-1 Sec. 94.301. TENANT'S REMEDIES. A person may recover from a
39-2 landlord who violates this chapter:
39-3 (1) actual damages;
39-4 (2) a civil penalty in an amount equal to two months'
39-5 rent and $500; and
39-6 (3) reasonable attorney's fees and costs.
39-7 Sec. 94.302. LANDLORD'S REMEDIES. If the court finds that a
39-8 tenant filed or prosecuted a suit under this chapter in bad faith
39-9 or for purposes of harassment, the court shall award the landlord:
39-10 (1) an amount equal to two months' rent and $500; and
39-11 (2) reasonable attorney's fees and costs.
39-12 Sec. 94.303. CUMULATIVE REMEDIES. (a) The provisions of
39-13 this chapter are not exclusive and are in addition to any other
39-14 remedy provided by other law.
39-15 (b) A specific remedy provided by this chapter supersedes
39-16 the general remedy provided by Section 94.301 and is in addition to
39-17 any other remedy provided by other law.
39-18 SECTION 2. This Act takes effect April 1, 2002.
39-19 SECTION 3. The changes in law made by Chapter 94, Property
39-20 Code, as added by this Act, apply only to a lease agreement entered
39-21 into on or after the effective date of this Act. A lease agreement
39-22 entered into before the effective date of this Act is governed by
39-23 the law in effect when the lease agreement was entered into, and
39-24 the former law is continued in effect for that purpose.