By Dukes H.B. No. 557
77R2012 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulating leasing in certain manufactured home
1-3 communities; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The legislature finds that unique circumstances
1-6 exist in the relationship between a landlord of a manufactured home
1-7 community and a tenant leasing a lot in a manufactured home
1-8 community. Because of these unique circumstances, inherently real
1-9 and substantial differences exist in this relationship as
1-10 distinguished from other landlord-tenant relationships.
1-11 SECTION 2. Title 8, Property Code, is amended by adding
1-12 Chapter 94 to read as follows:
1-13 CHAPTER 94. MANUFACTURED HOME TENANCIES
1-14 SUBCHAPTER A. GENERAL PROVISIONS
1-15 Sec. 94.001. DEFINITIONS. In this chapter:
1-16 (1) "Landlord" means the owner or manager of a
1-17 manufactured home community and includes an employee or agent of
1-18 the landlord.
1-19 (2) "Lease agreement" means a written agreement
1-20 between a landlord and a tenant that establishes the terms,
1-21 conditions, and other provisions for placing a manufactured home on
1-22 the premises of a manufactured home community.
1-23 (3) "Manufactured home" has the meaning assigned by
1-24 Section 3, Texas Manufactured Housing Standards Act (Article 5221f,
2-1 Vernon's Texas Civil Statutes).
2-2 (4) "Manufactured home lot" means the space allocated
2-3 in the lease agreement for the placement of the tenant's
2-4 manufactured home and the area adjacent to that space designated
2-5 for the tenant's exclusive use.
2-6 (5) "Manufactured home community" means a parcel of
2-7 land on which four or more lots are offered for lease for
2-8 installing and occupying manufactured homes.
2-9 (6) "Manufactured home community rules" means the
2-10 rules provided in a written document that establish the policies
2-11 and regulations relating to the use, occupancy, and quiet enjoyment
2-12 of and the health, safety, and welfare of tenants of the
2-13 manufactured home community.
2-14 (7) "Normal wear and tear" means deterioration that
2-15 results from intended use of the premises, including breakage or
2-16 malfunction due to age or deteriorated condition, but the term does
2-17 not include deterioration that results from negligence,
2-18 carelessness, accident, or abuse of the premises, equipment, or
2-19 chattels by the tenant, a member of the tenant's household, or a
2-20 guest or invitee of the tenant.
2-21 (8) "Premises" means a tenant's manufactured home lot,
2-22 any area or facility the lease authorizes the tenant to use, and
2-23 the appurtenances, grounds, and facilities held out for the use of
2-24 tenants generally.
2-25 (9) "Tenant" means a person who is authorized by a
2-26 lease agreement to occupy a lot in a manufactured home community.
2-27 Sec. 94.002. APPLICABILITY. (a) This chapter applies only
3-1 to the relationship between a landlord who leases property in a
3-2 manufactured home community and a tenant leasing property in the
3-3 manufactured home community.
3-4 (b) This chapter does not apply to the relationship between:
3-5 (1) a landlord who owns a manufactured home and a
3-6 tenant who leases the manufactured home from the landlord; or
3-7 (2) a landlord who leases property in a manufactured
3-8 home community and a tenant leasing property in the manufactured
3-9 home community for the placement of personal property to be used
3-10 for human habitation, including a recreational vehicle and
3-11 excluding a manufactured home.
3-12 Sec. 94.003. WAIVER OF RIGHTS AND OBLIGATIONS. A provision
3-13 in a lease agreement or a manufactured home community rule that
3-14 waives or limits a right granted to a tenant or an obligation
3-15 imposed on a landlord under this chapter is void and unenforceable.
3-16 Sec. 94.004. LANDLORD'S RIGHT OF ENTRY. (a) Except as
3-17 provided by this section, the landlord may not enter a tenant's
3-18 manufactured home unless:
3-19 (1) the tenant is present and gives consent; or
3-20 (2) the tenant has previously given written consent.
3-21 (b) The written consent under Subsection (a)(2) must specify
3-22 the date and time entry is permitted and is valid only for the date
3-23 and time specified. The tenant may revoke the consent without
3-24 penalty at any time by notifying the landlord in writing that the
3-25 consent has been revoked.
3-26 (c) The landlord may enter the tenant's manufactured home in
3-27 a reasonable manner and at a reasonable time if:
4-1 (1) an emergency exists; or
4-2 (2) the tenant abandons the manufactured home.
4-3 Sec. 94.005. COMMON AREA FACILITIES. Each common area
4-4 facility must be open or available to tenants. The landlord shall
4-5 post the hours of operation or availability of the facility in a
4-6 conspicuous place at the facility.
4-7 Sec. 94.006. TENANT MEETINGS. (a) Except as provided by
4-8 Subsection (b), a landlord may not interfere with meetings by
4-9 tenants of the manufactured home community related to manufactured
4-10 home living.
4-11 (b) Any limitations on meetings by tenants in the common
4-12 area facilities must be included in the manufactured home community
4-13 rules.
4-14 Sec. 94.007. CASH RENTAL PAYMENTS. (a) A landlord shall
4-15 accept a tenant's cash rental payment unless the lease agreement
4-16 requires the tenant to make rental payments by check, money order,
4-17 or other traceable or negotiable instrument.
4-18 (b) A landlord who receives a cash rental payment shall:
4-19 (1) provide the tenant with a written receipt; and
4-20 (2) enter the payment date and amount in a record book
4-21 maintained by the landlord.
4-22 (c) A tenant or a governmental entity or civic association
4-23 acting on the tenant's behalf may file suit against a landlord to
4-24 enjoin a violation of this section.
4-25 Sec. 94.008. MANUFACTURED HOME COMMUNITY RULES. (a) A
4-26 landlord may adopt reasonable manufactured home community rules.
4-27 (b) Manufactured home community rules are considered part of
5-1 the lease agreement if the rules are expressly included in the
5-2 lease.
5-3 (c) The landlord may add to or amend manufactured home
5-4 community rules. If the landlord adds or amends a rule:
5-5 (1) the rule is not effective until the 30th day after
5-6 the date each tenant is provided with a written copy of the added
5-7 or amended rule; and
5-8 (2) if a tenant is required to take any action or
5-9 expend any funds to comply with the rule, the landlord shall give
5-10 the tenant a reasonable period to comply with the rule, which must
5-11 be at least 90 days after the date each tenant is provided with a
5-12 written copy of the added or amended rule.
5-13 Sec. 94.009. NOTICE TO TENANT AT PRIMARY RESIDENCE. (a)
5-14 If, at the time of signing a lease agreement or lease renewal, a
5-15 tenant gives written notice to the tenant's landlord that the
5-16 tenant does not occupy the manufactured home lot as a primary
5-17 residence and requests in writing that the landlord send notices to
5-18 the tenant at the tenant's primary residence and provides to the
5-19 landlord the address of the tenant's primary residence, the
5-20 landlord shall mail to the tenant's primary residence all notices
5-21 required by the lease agreement, by this chapter, or by Chapter 24.
5-22 (b) The tenant shall notify the landlord in writing of any
5-23 change in the tenant's primary residence address. Oral notices of
5-24 change are insufficient.
5-25 (c) A notice to a tenant's primary residence under
5-26 Subsection (a) may be sent by regular United States mail and is
5-27 considered as having been given on the date of postmark of the
6-1 notice.
6-2 (d) If there is more than one tenant on a lease agreement,
6-3 the landlord is not required under this section to send notices to
6-4 the primary residence of more than one tenant.
6-5 (e) This section does not apply if notice is actually hand
6-6 delivered to and received by a person occupying the leased
6-7 premises.
6-8 Sec. 94.010. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A
6-9 landlord shall disclose to a tenant, or to any governmental
6-10 official or employee acting in an official capacity, according to
6-11 this section:
6-12 (1) the name and either a street or post office box
6-13 address of the holder of record title, according to the deed
6-14 records in the county clerk's office, of the premises leased by the
6-15 tenant or inquired about by the governmental official or employee
6-16 acting in an official capacity; and
6-17 (2) if an entity located off-site from the
6-18 manufactured home community is primarily responsible for managing
6-19 the leased premises, the name and street address of that entity.
6-20 (b) Disclosure to a tenant under Subsection (a) must be made
6-21 by:
6-22 (1) giving the information in writing to the tenant on
6-23 or before the seventh day after the date the landlord receives the
6-24 tenant's written request for the information;
6-25 (2) continuously posting the information in a
6-26 conspicuous place in the manufactured home community or the office
6-27 of the on-site manager or on the outside of the entry door to the
7-1 office of the on-site manager on or before the seventh day after
7-2 the date the landlord receives the tenant's written request for the
7-3 information; or
7-4 (3) including the information in a copy of the
7-5 tenant's lease or in written manufactured home community rules
7-6 given to the tenant before the tenant requests the information.
7-7 (c) Disclosure of information to a tenant may be made under
7-8 Subsection (b)(1) or (2) before the tenant requests the
7-9 information.
7-10 (d) Disclosure of information to a governmental official or
7-11 employee must be made by giving the information in writing to the
7-12 official or employee on or before the seventh day after the date
7-13 the landlord receives a written request for the information from
7-14 the official or employee.
7-15 (e) A correction to the information may be made by any of
7-16 the methods authorized and must be made within the period
7-17 prescribed by this section for providing the information.
7-18 (f) For the purposes of this section, an owner or property
7-19 manager may disclose either an actual name or an assumed name if an
7-20 assumed name certificate has been recorded with the county clerk.
7-21 (g) A landlord who provides information under this section
7-22 violates this section if:
7-23 (1) the information becomes incorrect because a name
7-24 or address changes; and
7-25 (2) the landlord fails to correct the information
7-26 given to a tenant on or before the 15th day after the date the
7-27 information becomes incorrect.
8-1 Sec. 94.011. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (a)
8-2 In a lawsuit by a tenant to enforce a legal obligation of the owner
8-3 as landlord of the manufactured home community, the owner's agent
8-4 for service of process is determined according to this section.
8-5 (b) The owner's management company, on-site manager, or rent
8-6 collector for the manufactured home community is the owner's
8-7 authorized agent for service of process unless the owner's name and
8-8 business street address have been furnished in writing to the
8-9 tenant.
8-10 Sec. 94.012. VENUE. Venue for an action under this chapter
8-11 is governed by Section 15.0115, Civil Practice and Remedies Code.
8-12 (Sections 94.013-94.050 reserved for expansion
8-13 SUBCHAPTER B. LEASE AGREEMENT
8-14 Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE
8-15 TENANT. At the time the landlord receives an application from a
8-16 prospective tenant, the landlord shall give the tenant a copy of:
8-17 (1) the proposed lease agreement for the manufactured
8-18 home community; and
8-19 (2) any manufactured home community rules.
8-20 Sec. 94.052. TERM OF LEASE. A landlord shall offer the
8-21 tenant a lease agreement with a term of one year. In addition, the
8-22 landlord may offer the tenant a lease agreement with a term of more
8-23 than one year. On request by the tenant, the landlord may offer
8-24 the tenant a lease agreement with a term of less than one year.
8-25 The tenant may choose any lease term offered.
8-26 Sec. 94.053. LEASE REQUIREMENTS AND DISCLOSURES. (a) A
8-27 lease agreement must be:
9-1 (1) typed or printed in legible handwriting; and
9-2 (2) signed by the landlord and the tenant.
9-3 (b) The landlord shall provide the tenant with a copy of the
9-4 lease agreement after the lease has been signed.
9-5 (c) A lease agreement must contain the following
9-6 information:
9-7 (1) the address or number of the manufactured home lot
9-8 and the number and location of any accompanying parking spaces;
9-9 (2) the lease term and a disclosure informing the
9-10 tenant of the tenant's right to renew the lease as provided by
9-11 Section 94.055;
9-12 (3) the rental amount and the method for calculating
9-13 the amount of any change in the rental amount during the lease
9-14 term;
9-15 (4) the interval at which rent must be paid and the
9-16 date on which periodic rental payments are due;
9-17 (5) any late charge or fee or charge for any service
9-18 or facility and the method for calculating the amount of any change
9-19 in the fee or charge during the lease term;
9-20 (6) the amount of any security deposit;
9-21 (7) a description of the landlord's maintenance
9-22 responsibilities;
9-23 (8) the telephone number of the person who may be
9-24 contacted for emergency maintenance;
9-25 (9) the name and address of the person designated to
9-26 accept official notices for the landlord;
9-27 (10) the penalty the landlord may impose for the
10-1 tenant's early termination as provided by Section 94.201;
10-2 (11) the grounds for eviction as provided by
10-3 Subchapter E;
10-4 (12) a disclosure of the landlord's right to terminate
10-5 the lease agreement if there is a change in the land use of the
10-6 manufactured home community during the lease term as provided by
10-7 Section 94.205;
10-8 (13) the manufactured home community rules and a
10-9 description of the procedures for amending the rules;
10-10 (14) a prominent disclosure informing the tenant that
10-11 Chapter 94, Property Code, governs certain rights granted to the
10-12 tenant and obligations imposed on the landlord by law;
10-13 (15) if there is a temporary zoning permit for the
10-14 land use of the manufactured home community, the date the zoning
10-15 permit expires; and
10-16 (16) any other terms or conditions of occupancy.
10-17 (d) A lease provision requiring an increase in rent or in
10-18 fees or charges during the lease term must be initialed by the
10-19 tenant or the provision is void.
10-20 (e) A lease agreement that contains a provision that is
10-21 illegal or unconscionable is void.
10-22 Sec. 94.054. STATUTORY LEASE TERMS IMPLIED AS MATTER OF LAW.
10-23 Each lease term required by this chapter is considered included in
10-24 a lease agreement as a matter of law.
10-25 Sec. 94.055. RENEWAL OF LEASE. (a) At the expiration of a
10-26 lease agreement, the agreement is automatically renewed for the
10-27 lease period and under the same terms as the previous lease
11-1 agreement unless:
11-2 (1) the tenant notifies the landlord not later than
11-3 the 60th day before the date the lease agreement terminates that
11-4 the tenant intends to surrender the manufactured home lot; or
11-5 (2) the landlord changes the lease terms as provided
11-6 by this section.
11-7 (b) Not later than the 90th day before the date the lease
11-8 agreement terminates, the landlord shall offer the tenant a renewal
11-9 lease agreement. The renewal offer must disclose the proposed
11-10 rental amount and any other change in the lease terms.
11-11 Sec. 94.056. PENALTY FOR LATE PAYMENT. A landlord may
11-12 assess a penalty for late payment of rent or another fee or charge
11-13 if the payment is not remitted before the fifth day after the date
11-14 the payment is due.
11-15 (Sections 94.057-94.100 reserved for expansion
11-16 SUBCHAPTER C. SECURITY DEPOSIT
11-17 Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security
11-18 deposit" means any advance of money, other than a rental
11-19 application deposit or an advance payment of rent, that is intended
11-20 primarily to secure performance under a lease of a lot in a
11-21 manufactured home community that has been entered into by a
11-22 landlord and a tenant.
11-23 Sec. 94.102. SECURITY DEPOSIT PERMITTED. (a) At the time
11-24 the tenant executes the initial lease agreement, the landlord may
11-25 require a security deposit.
11-26 (b) The landlord shall keep accurate records relating to
11-27 security deposits.
12-1 Sec. 94.103. OBLIGATION TO REFUND. (a) Except as provided
12-2 by this subchapter, the landlord shall refund the security deposit
12-3 not later than the 30th day after the date the tenant surrenders
12-4 the manufactured home lot.
12-5 (b) The tenant's claim to the security deposit takes
12-6 priority over the claim of any creditor of the landlord, including
12-7 a trustee in bankruptcy.
12-8 Sec. 94.104. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR
12-9 RENT PREPAYMENT. (a) Except as provided by Subsection (b), a
12-10 landlord who receives a security deposit or rent prepayment for a
12-11 manufactured home lot from a tenant who fails to occupy the lot
12-12 according to a lease agreement between the landlord and the tenant
12-13 may not retain the security deposit or rent prepayment if:
12-14 (1) the tenant secures a replacement tenant
12-15 satisfactory to the landlord and the replacement tenant occupies
12-16 the lot on or before the commencement date of the lease; or
12-17 (2) the landlord secures a replacement tenant
12-18 satisfactory to the landlord and the replacement tenant occupies
12-19 the lot on or before the commencement date of the lease.
12-20 (b) If the landlord secures the replacement tenant, the
12-21 landlord may retain and deduct from the security deposit or rent
12-22 prepayment either:
12-23 (1) an amount agreed to in the lease agreement as a
12-24 lease cancellation fee; or
12-25 (2) actual expenses incurred by the landlord in
12-26 securing the replacement tenant, including a reasonable amount for
12-27 the time spent by the landlord in securing the replacement tenant.
13-1 Sec. 94.105. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a)
13-2 Before returning a security deposit, the landlord may deduct from
13-3 the deposit damages and charges for which the tenant is legally
13-4 liable under the lease agreement or as a result of breaching the
13-5 lease.
13-6 (b) The landlord may not retain any portion of a security
13-7 deposit to cover normal wear and tear.
13-8 (c) If the landlord retains all or part of a security
13-9 deposit under this section, the landlord shall give to the tenant
13-10 the balance of the security deposit, if any, together with a
13-11 written description and itemized list of all deductions. The
13-12 landlord is not required to give the tenant a description and
13-13 itemized list of deductions if:
13-14 (1) the tenant owes rent when the tenant surrenders
13-15 possession of the manufactured home lot; and
13-16 (2) no controversy exists concerning the amount of
13-17 rent owed.
13-18 Sec. 94.106. LIABILITY OF LANDLORD. A landlord who fails to
13-19 comply with this subchapter is not entitled to recover amounts that
13-20 may be due under this chapter and must immediately remit to the
13-21 tenant the full amount of the security deposit.
13-22 (Sections 94.107-94.150 reserved for expansion
13-23 SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS
13-24 Sec. 94.151. WARRANTY OF HABITABILITY. By executing a lease
13-25 agreement, the landlord covenants and warrants that the
13-26 manufactured home lot is suitable for the installation of a
13-27 manufactured home.
14-1 Sec. 94.152. LANDLORD'S MAINTENANCE OBLIGATIONS. The
14-2 landlord shall:
14-3 (1) comply with any code, statute, ordinance, and
14-4 administrative rule applicable to the manufactured home community;
14-5 (2) maintain all common areas of the manufactured home
14-6 community in a clean and useable condition;
14-7 (3) maintain all utility lines installed in the
14-8 manufactured home community by the landlord;
14-9 (4) maintain individual mailboxes for the tenants in
14-10 accordance with United States Postal Service regulations unless
14-11 mailboxes are permitted to be located on the tenant's manufactured
14-12 home lot;
14-13 (5) maintain roads in the manufactured home community
14-14 in a manner that provides access to each tenant's manufactured home
14-15 lot;
14-16 (6) exterminate rodents and other pests dangerous to
14-17 the health and safety of tenants in the common areas of the
14-18 manufactured home community;
14-19 (7) remove garbage and other waste incidental to the
14-20 occupancy of the manufactured home lot;
14-21 (8) repair or remedy conditions on the premises that
14-22 pose a substantial health or safety risk to tenants of the
14-23 manufactured home community; and
14-24 (9) maintain the integrity of the foundation of the
14-25 manufactured home lot unless the integrity of the foundation is
14-26 compromised as the result of:
14-27 (A) incorrect installation of the manufactured
15-1 home by a person other than the landlord; or
15-2 (B) negligent maintenance of the foundation by
15-3 the tenant, including the failure to periodically level the
15-4 manufactured home or prevent leaks originating within the
15-5 manufactured home.
15-6 Sec. 94.153. LANDLORD'S REPAIR OBLIGATIONS. (a) A landlord
15-7 shall make a diligent effort to repair or remedy a condition if:
15-8 (1) the tenant specifies the condition in a notice to
15-9 the person to whom or to the place at which rent is normally paid;
15-10 (2) the tenant is not delinquent in the payment of
15-11 rent at the time notice is given; and
15-12 (3) the condition materially affects the physical
15-13 health or safety of an ordinary tenant.
15-14 (b) Unless the condition was caused by normal wear and tear,
15-15 the landlord does not have a duty during the lease term or a
15-16 renewal or extension to repair or remedy a condition caused by:
15-17 (1) the tenant;
15-18 (2) a lawful occupant of the tenant's manufactured
15-19 home lot;
15-20 (3) a member of the tenant's family; or
15-21 (4) a guest or invitee of the tenant.
15-22 Sec. 94.154. TENANT'S REPAIR AND DEDUCTION REMEDIES. (a)
15-23 If the landlord fails to comply with Section 94.153, the tenant may
15-24 have the condition repaired or remedied and may deduct the cost
15-25 from a subsequent rent payment as provided by this section.
15-26 (b) Except as provided by this subsection, the tenant's
15-27 deduction for the cost of the repair or remedy may not exceed the
16-1 amount of one month's rent under the lease agreement or $500,
16-2 whichever is greater. If the tenant's rent is subsidized in whole
16-3 or in part by a governmental agency, the deduction limitation of
16-4 one month's rent means the fair market rent for the manufactured
16-5 home lot and not the rent that the tenant pays. The governmental
16-6 agency subsidizing the rent shall determine the fair market rent.
16-7 If the governmental agency does not make a determination, the fair
16-8 market rent means a reasonable amount of rent under the
16-9 circumstances.
16-10 (c) Repairs and deductions under this section may be made as
16-11 often as necessary provided that the total repairs and deductions
16-12 in any one month may not exceed one month's rent or $500, whichever
16-13 is greater.
16-14 (d) Repairs under this section may be made only if all of
16-15 the following requirements are met:
16-16 (1) the landlord has a duty to repair or remedy the
16-17 condition under Section 94.153 and the duty has not been waived by
16-18 the tenant in a written lease agreement;
16-19 (2) the tenant has given notice to the landlord in the
16-20 same manner as prescribed by Section 92.056(b)(1) and, if required
16-21 under Section 92.056(b)(3), a subsequent notice in the same manner
16-22 as prescribed by that subsection; and
16-23 (3) any one of the following events has occurred:
16-24 (A) the landlord has failed to remedy the backup
16-25 or overflow of raw sewage inside the tenant's manufactured home
16-26 that results from a condition in the utility lines installed in the
16-27 manufactured home community by the landlord;
17-1 (B) the landlord has expressly or impliedly
17-2 agreed in the lease agreement to furnish potable water to the
17-3 tenant's manufactured home lot and the water service to the lot has
17-4 totally ceased; or
17-5 (C) the landlord has been notified in writing by
17-6 the appropriate local housing, building, or health official or
17-7 other official having jurisdiction that a condition existing on the
17-8 manufactured home lot materially affects the health or safety of an
17-9 ordinary tenant.
17-10 (e) At least one of the notices given under Subsection
17-11 (d)(2) must state that the tenant intends to repair or remedy the
17-12 condition. The notice must also contain a reasonable description
17-13 of the intended repair or remedy.
17-14 (f) If the requirements prescribed by Subsections (d) and
17-15 (e) are met, a tenant may:
17-16 (1) have the condition repaired or remedied
17-17 immediately following the tenant's notice of intent to repair if
17-18 the condition involves the backup or overflow of sewage;
17-19 (2) have the condition repaired or remedied if the
17-20 condition involves a cessation of potable water if the landlord has
17-21 failed to repair or remedy the condition before the fourth day
17-22 after the date the tenant delivers a notice of intent to repair; or
17-23 (3) have the condition repaired or remedied if the
17-24 condition is not covered by Subsection (d)(3)(A) or (d)(3)(B) and
17-25 involves a condition affecting the physical health or safety of the
17-26 ordinary tenant if the landlord has failed to repair or remedy the
17-27 condition before the eighth day after the date the tenant delivers
18-1 a notice of intent to repair.
18-2 (g) Repairs made based on a tenant's notice must be made by
18-3 a company, contractor, or repairman listed at the time of the
18-4 tenant's notice of intent to repair in the yellow or business pages
18-5 of the telephone directory or in the classified advertising section
18-6 of a newspaper of the municipality or county in which the
18-7 manufactured home community is located or in an adjacent county.
18-8 Unless the landlord and tenant agree otherwise under Subsection
18-9 (i), repairs may not be made by the tenant, the tenant's immediate
18-10 family, the tenant's employer or employees, or a company in which
18-11 the tenant has an ownership interest. Repairs may not be made to
18-12 the foundation or load-bearing structural elements of the
18-13 manufactured home lot.
18-14 (h) Repairs made based on a tenant's notice must comply with
18-15 applicable building codes, including any required building permit.
18-16 (i) A landlord and a tenant may mutually agree for the
18-17 tenant to repair or remedy, at the landlord's expense, any
18-18 condition on the manufactured home lot regardless of whether it
18-19 materially affects the health or safety of an ordinary tenant.
18-20 (j) The tenant may not contract for labor or materials in
18-21 excess of the amount the tenant may deduct under this section. The
18-22 landlord is not liable to repairmen, contractors, or material
18-23 suppliers who furnish labor or materials to repair or remedy the
18-24 condition. A repairman or supplier does not have a lien for
18-25 materials or services arising out of repairs contracted for by the
18-26 tenant under this section.
18-27 (k) When deducting the cost of repairs from the rent
19-1 payment, the tenant shall furnish the landlord, along with payment
19-2 of the balance of the rent, a copy of the repair bill and the
19-3 receipt for its payment. A repair bill and receipt may be the same
19-4 document.
19-5 (l) If the landlord repairs or remedies the condition after
19-6 the tenant has contacted a repairman but before the repairman
19-7 commences work, the landlord is liable for the cost incurred by the
19-8 tenant for the repairman's charge for traveling to the premises,
19-9 and the tenant may deduct the charge from the tenant's rent as if
19-10 it were a repair cost.
19-11 (Sections 94.155-94.200 reserved for expansion
19-12 SUBCHAPTER E. TERMINATION, EVICTION,
19-13 AND FORECLOSURE
19-14 Sec. 94.201. LANDLORD'S REMEDY FOR EARLY TERMINATION. (a)
19-15 Except as provided by Subsection (b), the maximum amount a landlord
19-16 may recover as damages for a tenant's early termination of a lease
19-17 agreement is an amount equal to three months' rent.
19-18 (b) If the tenant's manufactured home lot is reoccupied
19-19 before the 21st day after the date the tenant surrenders the lot,
19-20 the maximum amount the landlord may obtain as damages is an amount
19-21 equal to one month's rent.
19-22 Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A
19-23 landlord has a duty to mitigate damages if a tenant vacates the
19-24 manufactured home lot before the end of the lease term.
19-25 (b) A provision of a lease agreement that purports to waive
19-26 a right or to exempt a landlord from a liability or duty under this
19-27 section is void.
20-1 Sec. 94.203. LANDLORD'S TERMINATION OF LEASE PERMITTED IN
20-2 LIMITED CIRCUMSTANCES. A landlord may terminate or refuse to renew
20-3 a lease agreement only as provided by this subchapter.
20-4 Sec. 94.204. EVICTION PROCEDURES GENERALLY. (a) A landlord
20-5 may prevent a tenant from entering the manufactured home lot, evict
20-6 a tenant, or require the removal of a manufactured home from the
20-7 manufactured home lot only after obtaining a writ of possession
20-8 under Chapter 24.
20-9 (b) In addition to making the determinations required in an
20-10 eviction proceeding under Chapter 24, the court shall determine if
20-11 the grounds for eviction as provided by this subchapter are
20-12 established.
20-13 (c) If the court finds that the landlord initiated the
20-14 eviction proceeding to retaliate against the tenant in violation of
20-15 Section 94.251, the court may not approve the eviction of the
20-16 tenant.
20-17 (d) Notwithstanding other law, a court may not issue a writ
20-18 of possession in favor of a landlord before the 30th day after the
20-19 date the judgment for possession is rendered.
20-20 (e) Not later than the 10th day after the date a judgment
20-21 for possession is rendered in favor of the landlord, the landlord
20-22 shall send written notice that the judgment has been rendered to
20-23 the tenant or to the owner of the manufactured home if the tenant
20-24 is not the owner and if the landlord is given written notice of the
20-25 owner's name and address.
20-26 (f) If, after executing a writ of possession for the
20-27 manufactured home lot, the landlord removes the manufactured home
21-1 from the lot, the landlord not later than the 10th day after the
21-2 date the manufactured home is removed shall send a written notice
21-3 regarding the location of the manufactured home to the tenant at
21-4 the tenant's most recent mailing address as reflected in the
21-5 landlord's records and, if different, to the owner if the landlord
21-6 is given written notice of the owner's name and address.
21-7 Sec. 94.205. TERMINATION FOR CHANGE IN LAND USE. (a) A
21-8 landlord may terminate a lease agreement to change the manufactured
21-9 home community's land use only if:
21-10 (1) not later than the 12th month before the date the
21-11 land use changes, the landlord sends notice to the tenant and, if
21-12 different, to the owner of the manufactured home:
21-13 (A) specifying the date that the land use will
21-14 change; and
21-15 (B) informing the tenant and owner that the
21-16 owner must relocate the manufactured home; and
21-17 (2) not later than the 12th month before the date the
21-18 land use changes, the landlord posts in a conspicuous place in the
21-19 manufactured home community a notice stating that the land use will
21-20 change and specifying the date that the land use will change.
21-21 (b) The landlord is required to give the owner of the
21-22 manufactured home notice under Subsection (a)(1) only if the
21-23 landlord is given written notice of the name and address of the
21-24 owner.
21-25 Sec. 94.206. TERMINATION AND EVICTION FOR VIOLATION OF
21-26 LEASE. A landlord may terminate the lease agreement and evict a
21-27 tenant for a violation of a lease provision, including a
22-1 manufactured home community rule incorporated in the lease, if:
22-2 (1) the provision is reasonable; and
22-3 (2) the tenant's violation of the provision:
22-4 (A) is likely to continue or reoccur;
22-5 (B) would have a significant adverse impact on
22-6 the manufactured home community; or
22-7 (C) poses a substantial health or safety risk to
22-8 other tenants in the manufactured home community.
22-9 Sec. 94.207. TERMINATION AND EVICTION FOR NONPAYMENT OF
22-10 RENT. (a) A landlord may terminate the lease agreement and evict
22-11 a tenant if:
22-12 (1) the tenant fails to timely pay rent;
22-13 (2) the landlord notifies the tenant in writing that
22-14 the rent is delinquent; and
22-15 (3) the tenant has not tendered the delinquent payment
22-16 to the landlord before the 10th day after the date the tenant
22-17 receives the notice.
22-18 (b) A landlord may not terminate the lease agreement and
22-19 evict the tenant if the tenant fails to timely pay a fee or charge,
22-20 including a late charge, required under the lease agreement.
22-21 (c) Except as provided by Subsection (d), if a court renders
22-22 a judgment for possession in favor of the landlord based solely on
22-23 nonpayment of rent, the tenant may cure the default and reinstate
22-24 the lease agreement by paying into the court registry an amount
22-25 equal to the delinquent rent payment and any fees and costs owed as
22-26 determined by the court. If the tenant cures the default as
22-27 provided by this subsection, the judgment for possession is
23-1 released and a writ of possession in favor of the landlord may not
23-2 be issued.
23-3 (d) A tenant may cure a default and reinstate the lease
23-4 agreement under Subsection (c) only once during the lease term.
23-5 (Sections 94.208-94.250 reserved for expansion
23-6 SUBCHAPTER F. PROHIBITED ACTS
23-7 Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may
23-8 not retaliate against a tenant by taking an action described by
23-9 Subsection (b) because the tenant:
23-10 (1) in good faith exercises or attempts to exercise
23-11 against a landlord a right or remedy granted to the tenant by the
23-12 lease agreement, a municipal ordinance, or a federal or state
23-13 statute;
23-14 (2) gives a landlord a notice to repair or exercise a
23-15 remedy under this chapter; or
23-16 (3) complains to a governmental entity responsible for
23-17 enforcing building or housing codes, a public utility, or a civic
23-18 or nonprofit agency, and the tenant:
23-19 (A) claims a building or housing code violation
23-20 or utility problem; and
23-21 (B) believes in good faith that the complaint is
23-22 valid and that the violation or problem occurred.
23-23 (b) A landlord may not, within six months after the date of
23-24 the tenant's action under Subsection (a), retaliate against the
23-25 tenant by:
23-26 (1) filing an eviction proceeding, except for the
23-27 grounds stated by Subchapter E;
24-1 (2) depriving the tenant of the use of the premises,
24-2 except for reasons authorized by law;
24-3 (3) decreasing services to the tenant unless the
24-4 decrease in services is part of a pattern of service reductions in
24-5 the entire manufactured home community;
24-6 (4) increasing the tenant's rent or terminating the
24-7 tenant's lease agreement; or
24-8 (5) engaging, in bad faith, in a course of conduct
24-9 that materially interferes with the tenant's rights under the
24-10 tenant's lease agreement.
24-11 Sec. 94.252. RESTRICTION ON SALE OF MANUFACTURED HOME. (a)
24-12 A landlord may not:
24-13 (1) prohibit the owner of a manufactured home located
24-14 on the premises from selling the manufactured home;
24-15 (2) interfere with the sale of a manufactured home
24-16 located on the premises;
24-17 (3) require the owner of the manufactured home to
24-18 remove the manufactured home from the manufactured home lot solely
24-19 because of the sale of the home;
24-20 (4) require the owner of a manufactured home located
24-21 on the premises to contract with the landlord to act as agent or
24-22 broker in the sale of a manufactured home located on the premises;
24-23 or
24-24 (5) require the owner to pay a commission or fee from
24-25 the sale of a manufactured home located on the premises.
24-26 (b) Any restrictions on or requirements for the sale of a
24-27 manufactured home located on the premises of a manufactured home
25-1 community must be expressly stated in the manufactured home
25-2 community rules.
25-3 (Sections 94.253-94.300 reserved for expansion
25-4 SUBCHAPTER G. REMEDIES
25-5 Sec. 94.301. TENANT'S REMEDIES. (a) A person may recover
25-6 from a landlord who violates this chapter:
25-7 (1) actual damages;
25-8 (2) a civil penalty in an amount equal to two months'
25-9 rent and $500; and
25-10 (3) reasonable attorney's fees and costs.
25-11 (b) If the court finds that a landlord recklessly violated
25-12 this chapter or acted in bad faith, the court shall award an amount
25-13 equal to at least treble the damages awarded under Subsection (a)
25-14 and may award additional punitive damages. A landlord who attempts
25-15 to unlawfully evict a tenant, terminate a tenant's utility service,
25-16 or prevent a tenant from entering the tenant's manufactured home
25-17 lot is presumed to have acted in bad faith, knowingly, or
25-18 recklessly.
25-19 (c) The court may order:
25-20 (1) appropriate injunctive relief to prevent a
25-21 violation or threatened violation of this chapter; and
25-22 (2) any other appropriate equitable relief, including
25-23 the appointment of a receiver to operate the manufactured home
25-24 community.
25-25 (d) A person has a lien against the property on which the
25-26 manufactured home community is located for:
25-27 (1) any amount owed the tenant under the lease
26-1 agreement;
26-2 (2) any amount owed to the tenant under this chapter;
26-3 and
26-4 (3) reasonable attorney's fees and costs associated
26-5 with enforcing the lien.
26-6 Sec. 94.302. LANDLORD'S REMEDIES. If the court finds that a
26-7 tenant filed or prosecuted a suit under this chapter in bad faith
26-8 or for purposes of harassment, the court shall award the landlord:
26-9 (1) an amount equal to two months' rent and $500; and
26-10 (2) reasonable attorney's fees and costs associated
26-11 with defending the action.
26-12 Sec. 94.303. CUMULATIVE REMEDIES. The provisions of this
26-13 chapter are not exclusive and are in addition to any other
26-14 procedure or remedy provided by other law.
26-15 Sec. 94.304. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE.
26-16 This chapter does not prohibit the adoption of a local ordinance
26-17 that provides for additional enforcement of this chapter if the
26-18 local ordinance is consistent with this chapter.
26-19 SECTION 3. This Act takes effect September 1, 2002.
26-20 SECTION 4. The changes in law made by Chapter 94, Property
26-21 Code, as added by this Act, apply only to a lease agreement entered
26-22 into on or after the effective date of this Act. A lease agreement
26-23 entered into before the effective date of this Act is governed by
26-24 the law in effect when the lease agreement was entered into, and
26-25 the former law is continued in effect for that purpose.