1-1 By: Dukes, et al. (Senate Sponsor - Lucio) H.B. No. 557 1-2 (In the Senate - Received from the House April 27, 2001; 1-3 April 30, 2001, read first time and referred to Committee on 1-4 Business and Commerce; May 11, 2001, reported favorably by the 1-5 following vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to regulating leasing in certain manufactured home 1-9 communities; providing penalties. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. 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, 1-25 Vernon's Texas Civil Statutes), and for purposes of this chapter, a 1-26 reference to a manufactured home includes a recreational vehicle. 1-27 (4) "Manufactured home community" means a parcel of 1-28 land on which four or more lots are offered for lease for 1-29 installing and occupying manufactured homes. 1-30 (5) "Manufactured home community rules" means the 1-31 rules provided in a written document that establish the policies 1-32 and regulations of the manufactured home community, including 1-33 regulations relating to the use, occupancy, and quiet enjoyment of 1-34 and the health, safety, and welfare of tenants of the manufactured 1-35 home community. 1-36 (6) "Manufactured home lot" means the space allocated 1-37 in the lease agreement for the placement of the tenant's 1-38 manufactured home and the area adjacent to that space designated in 1-39 the lease agreement for the tenant's exclusive use. 1-40 (7) "Normal wear and tear" means deterioration that 1-41 results from intended use of the premises, including breakage or 1-42 malfunction due to age or deteriorated condition, but the term does 1-43 not include deterioration that results from negligence, 1-44 carelessness, accident, or abuse of the premises, equipment, or 1-45 chattels by the tenant, a member of the tenant's household, or a 1-46 guest or invitee of the tenant. 1-47 (8) "Premises" means a tenant's manufactured home lot, 1-48 any area or facility the lease authorizes the tenant to use, and 1-49 the appurtenances, grounds, and facilities held out for the use of 1-50 tenants generally. 1-51 (9) "Recreational vehicle" means a motor vehicle 1-52 primarily designed as a temporary living quarters for recreational 1-53 camping or travel use. 1-54 (10) "Tenant" means a person who is: 1-55 (A) authorized by a lease agreement to occupy a 1-56 lot to the exclusion of others in a manufactured home community; 1-57 and 1-58 (B) obligated under the lease agreement to pay 1-59 rent, fees, and other charges. 1-60 Sec. 94.002. APPLICABILITY. (a) This chapter applies only 1-61 to the relationship between a landlord who leases property in a 1-62 manufactured home community and a tenant leasing property in the 1-63 manufactured home community for the purpose of situating a 1-64 manufactured home or a recreational vehicle on the property. 2-1 (b) This chapter does not apply to the relationship between: 2-2 (1) a landlord who owns a manufactured home and a 2-3 tenant who leases the manufactured home from the landlord; 2-4 (2) a landlord who leases property in a manufactured 2-5 home community and a tenant leasing property in the manufactured 2-6 home community for the placement of personal property to be used 2-7 for human habitation, excluding a manufactured home or a 2-8 recreational vehicle; or 2-9 (3) a landlord and an employee or an agent of the 2-10 landlord. 2-11 Sec. 94.003. WAIVER OF RIGHTS AND DUTIES. A provision in a 2-12 lease agreement or a manufactured home community rule that purports 2-13 to waive a right or to exempt a landlord or a tenant from a duty or 2-14 from liability under this chapter is void. 2-15 Sec. 94.004. LANDLORD'S RIGHT OF ENTRY. (a) Except as 2-16 provided by this chapter, the landlord may not enter a tenant's 2-17 manufactured home unless: 2-18 (1) the tenant is present and gives consent; or 2-19 (2) the tenant has previously given written consent. 2-20 (b) The written consent under Subsection (a)(2) must specify 2-21 the date and time entry is permitted and is valid only for the date 2-22 and time specified. The tenant may revoke the consent without 2-23 penalty at any time by notifying the landlord in writing that the 2-24 consent has been revoked. 2-25 (c) The landlord may enter the tenant's manufactured home in 2-26 a reasonable manner and at a reasonable time if: 2-27 (1) an emergency exists; or 2-28 (2) the tenant abandons the manufactured home. 2-29 Sec. 94.005. COMMON AREA FACILITIES. Each common area 2-30 facility, if any, must be open or available to tenants. The 2-31 landlord shall post the hours of operation or availability of the 2-32 facility in a conspicuous place at the facility. 2-33 Sec. 94.006. TENANT MEETINGS. (a) Except as provided by 2-34 Subsection (b), a landlord may not interfere with meetings by 2-35 tenants of the manufactured home community related to manufactured 2-36 home living. 2-37 (b) Any limitations on meetings by tenants in the common 2-38 area facilities must be included in the manufactured home community 2-39 rules. 2-40 Sec. 94.007. CASH RENTAL PAYMENTS. (a) A landlord shall 2-41 accept a tenant's cash rental payment unless the lease agreement 2-42 requires the tenant to make rental payments by check, money order, 2-43 or other traceable or negotiable instrument. 2-44 (b) A landlord who receives a cash rental payment shall: 2-45 (1) provide the tenant with a written receipt; and 2-46 (2) enter the payment date and amount in a record book 2-47 maintained by the landlord. 2-48 (c) A tenant or a governmental entity or civic association 2-49 acting on the tenant's behalf may file suit against a landlord to 2-50 enjoin a violation of this section. 2-51 Sec. 94.008. MANUFACTURED HOME COMMUNITY RULES. (a) A 2-52 landlord may adopt manufactured home community rules that are not 2-53 arbitrary or capricious. 2-54 (b) Manufactured home community rules are considered part of 2-55 the lease agreement. 2-56 (c) The landlord may add to or amend manufactured home 2-57 community rules. If the landlord adds or amends a rule: 2-58 (1) the rule is not effective until the 30th day after 2-59 the date each tenant is provided with a written copy of the added 2-60 or amended rule; and 2-61 (2) if a tenant is required to take any action that 2-62 requires the expenditure of funds in excess of $25 to comply with 2-63 the rule, the landlord shall give the tenant at least 90 days 2-64 after the date each tenant is provided with a written copy of the 2-65 added or amended rule to comply with the rule. 2-66 Sec. 94.009. NOTICE TO TENANT AT PRIMARY RESIDENCE. (a) 2-67 If, at the time of signing a lease agreement or lease renewal, a 2-68 tenant gives written notice to the tenant's landlord that the 2-69 tenant does not occupy the manufactured home lot as a primary 3-1 residence and requests in writing that the landlord send notices to 3-2 the tenant at the tenant's primary residence and provides to the 3-3 landlord the address of the tenant's primary residence, the 3-4 landlord shall mail to the tenant's primary residence all notices 3-5 required by the lease agreement, by this chapter, or by Chapter 24. 3-6 (b) The tenant shall notify the landlord in writing of any 3-7 change in the tenant's primary residence address. Oral notices of 3-8 change are insufficient. 3-9 (c) A notice to a tenant's primary residence under 3-10 Subsection (a) may be sent by regular United States mail and is 3-11 considered as having been given on the date of postmark of the 3-12 notice. 3-13 (d) If there is more than one tenant on a lease agreement, 3-14 the landlord is not required under this section to send notices to 3-15 the primary residence of more than one tenant. 3-16 (e) This section does not apply if notice is actually hand 3-17 delivered to and received by a person 16 years of age or older 3-18 occupying the leased premises. 3-19 Sec. 94.010. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A 3-20 landlord shall disclose to a tenant, or to any governmental 3-21 official or employee acting in an official capacity, according to 3-22 this section: 3-23 (1) the name and either a street or post office box 3-24 address of the holder of record title, according to the deed 3-25 records in the county clerk's office, of the premises leased by the 3-26 tenant or inquired about by the governmental official or employee 3-27 acting in an official capacity; and 3-28 (2) if an entity located off-site from the 3-29 manufactured home community is primarily responsible for managing 3-30 the leased premises, the name and street address of that entity. 3-31 (b) Disclosure to a tenant under Subsection (a) must be made 3-32 by: 3-33 (1) giving the information in writing to the tenant on 3-34 or before the seventh day after the date the landlord receives the 3-35 tenant's written request for the information; 3-36 (2) continuously posting the information in a 3-37 conspicuous place in the manufactured home community or the office 3-38 of the on-site manager or on the outside of the entry door to the 3-39 office of the on-site manager on or before the seventh day after 3-40 the date the landlord receives the tenant's written request for the 3-41 information; or 3-42 (3) including the information in a copy of the 3-43 tenant's lease or in written manufactured home community rules 3-44 given to the tenant before the tenant requests the information. 3-45 (c) Disclosure of information to a tenant may be made under 3-46 Subsection (b)(1) or (2) before the tenant requests the 3-47 information. 3-48 (d) Disclosure of information to a governmental official or 3-49 employee must be made by giving the information in writing to the 3-50 official or employee on or before the seventh day after the date 3-51 the landlord receives a written request for the information from 3-52 the official or employee. 3-53 (e) A correction to the information may be made by any of 3-54 the methods authorized and must be made within the period 3-55 prescribed by this section for providing the information. 3-56 (f) For the purposes of this section, an owner or property 3-57 manager may disclose either an actual name or an assumed name if an 3-58 assumed name certificate has been recorded with the county clerk. 3-59 (g) A landlord who provides information under this section 3-60 violates this section if: 3-61 (1) the information becomes incorrect because a name 3-62 or address changes; and 3-63 (2) the landlord fails to correct the information 3-64 given to a tenant on or before the 15th day after the date the 3-65 information becomes incorrect. 3-66 Sec. 94.011. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (a) 3-67 In a lawsuit by a tenant to enforce a legal obligation of the owner 3-68 as landlord of the manufactured home community, the owner's agent 3-69 for service of process is determined according to this section. 4-1 (b) The owner's management company, on-site manager, or rent 4-2 collector for the manufactured home community is the owner's 4-3 authorized agent for service of process unless the owner's name and 4-4 business street address have been furnished in writing to the 4-5 tenant. 4-6 Sec. 94.012. VENUE. Venue for an action under this chapter 4-7 is governed by Section 15.0115, Civil Practice and Remedies Code. 4-8 (Sections 94.013-94.050 reserved for expansion 4-9 SUBCHAPTER B. LEASE AGREEMENT 4-10 Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE 4-11 TENANT. At the time the landlord receives an application from a 4-12 prospective tenant, the landlord shall give the tenant a copy of: 4-13 (1) the proposed lease agreement for the manufactured 4-14 home community; 4-15 (2) any manufactured home community rules; and 4-16 (3) a separate disclosure statement with the following 4-17 prominently printed in at least 10-point type: 4-18 "You have the legal right to an initial lease term of six 4-19 months. If you prefer a different lease period, you and your 4-20 landlord may negotiate a shorter or longer lease period. After the 4-21 initial lease period expires, you and your landlord may negotiate a 4-22 new lease term by mutual agreement. Regardless of the term of the 4-23 lease, the landlord must give you at least 60 days' notice if the 4-24 landlord will not renew your lease and will require that you 4-25 relocate your manufactured home or recreational vehicle. During 4-26 the 60-day period, you must continue to pay all rent and other 4-27 amounts due under the lease agreement, including late charges, if 4-28 any." 4-29 Sec. 94.052. TERM OF LEASE. (a) A landlord shall offer the 4-30 tenant a lease agreement with an initial lease term of at least six 4-31 months. If the tenant requests a lease agreement with a different 4-32 lease period, the landlord and the tenant may mutually agree to a 4-33 shorter or longer lease period. The landlord and the tenant may 4-34 mutually agree to subsequent lease periods of any length for each 4-35 renewal of the lease agreement. 4-36 (b) Regardless of the term of the lease, the landlord must 4-37 provide notice to the tenant not later than the 60th day before the 4-38 date of the expiration of the lease if the landlord does not renew 4-39 the lease. During the 60-day period, the tenant must pay all rent 4-40 and other amounts due under the lease agreement, including late 4-41 charges, if any. 4-42 Sec. 94.053. LEASE REQUIREMENTS AND DISCLOSURES. (a) A 4-43 lease agreement must be: 4-44 (1) typed or printed in legible handwriting; and 4-45 (2) signed by the landlord and the tenant. 4-46 (b) The landlord shall provide the tenant with a copy of the 4-47 lease agreement and a current copy of the manufactured home 4-48 community rules after the lease has been signed. 4-49 (c) A lease agreement must contain the following 4-50 information: 4-51 (1) the address or number of the manufactured home lot 4-52 and the number and location of any accompanying parking spaces; 4-53 (2) the lease term; 4-54 (3) the rental amount; 4-55 (4) the interval at which rent must be paid and the 4-56 date on which periodic rental payments are due; 4-57 (5) any late charge or fee or charge for any service 4-58 or facility; 4-59 (6) the amount of any security deposit; 4-60 (7) a description of the landlord's maintenance 4-61 responsibilities; 4-62 (8) the telephone number of the person who may be 4-63 contacted for emergency maintenance; 4-64 (9) the name and address of the person designated to 4-65 accept official notices for the landlord; 4-66 (10) the penalty the landlord may impose for the 4-67 tenant's early termination as provided by Section 94.201; 4-68 (11) the grounds for eviction as provided by 4-69 Subchapter E; 5-1 (12) a disclosure of the landlord's right to terminate 5-2 the lease agreement if there is a change in the land use of the 5-3 manufactured home community during the lease term as provided by 5-4 Section 94.204; 5-5 (13) a disclosure of any incorporation by reference of 5-6 an addendum relating to submetering of utility services; 5-7 (14) a prominent disclosure informing the tenant that 5-8 Chapter 94, Property Code, governs certain rights granted to the 5-9 tenant and obligations imposed on the landlord by law; 5-10 (15) if there is a temporary zoning permit for the 5-11 land use of the manufactured home community, the date the zoning 5-12 permit expires; and 5-13 (16) any other terms or conditions of occupancy not 5-14 expressly included in the manufactured home community rules. 5-15 (d) A lease provision requiring an increase in rent or in 5-16 fees or charges during the lease term must be initialed by the 5-17 tenant or the provision is void. 5-18 (e) Any illegal or unconscionable provision in a lease is 5-19 void. If a lease provision is determined void, the invalidity of 5-20 the provision does not affect other provisions of the lease that 5-21 can be given effect without reference to the invalid provision. 5-22 Sec. 94.054. DISCLOSURE BY TENANT REQUIRED. A tenant shall 5-23 disclose to the landlord before the lease agreement is signed the 5-24 name and address of any person who holds a lien on the tenant's 5-25 manufactured home. 5-26 Sec. 94.055. NOTICE OF LEASE RENEWAL. (a) The landlord 5-27 shall provide a tenant a notice to vacate the leased premises or an 5-28 offer of lease renewal: 5-29 (1) not later than the 60th day before the date the 5-30 current lease term expires; or 5-31 (2) if the lease is a month-to-month lease, not later 5-32 than the 60th day before the date the landlord intends to terminate 5-33 the current term of the lease. 5-34 (b) If the landlord offers to renew the lease, the landlord 5-35 shall notify the tenant of the proposed rent amount and any change 5-36 in the lease terms. The notice must also include a statement 5-37 informing the tenant that the tenant's failure to reject the 5-38 landlord's offer to renew the lease within the 30-day period 5-39 prescribed by Subsection (c) will result in the renewal of the 5-40 lease under the modified terms as provided by Subsection (c). 5-41 (c) If the landlord offers to renew the lease, the tenant 5-42 must notify the landlord not later than the 30th day before the 5-43 date the current lease expires whether the tenant rejects the terms 5-44 of the offer and intends to vacate the leased premises on the date 5-45 the current lease term expires. If the tenant fails to provide the 5-46 notice within the period prescribed by this subsection, the lease 5-47 is renewed under the modified terms beginning on the first day 5-48 after the date of the expiration of the current lease term. 5-49 (d) Notwithstanding Subsection (a), the landlord may request 5-50 a tenant to vacate the leased premises before the end of the notice 5-51 period prescribed by Subsection (a) only if the landlord 5-52 compensates the tenant in advance for relocation expenses, 5-53 including the cost of moving and installing the manufactured home 5-54 at a new location. 5-55 Sec. 94.056. PENALTY FOR LATE PAYMENT. A landlord may 5-56 assess a penalty for late payment of rent or another fee or charge 5-57 if the payment is not remitted on or before the date stipulated in 5-58 the lease agreement. 5-59 Sec. 94.057. ASSIGNMENT OF LEASE AND SUBLEASE. (a) A 5-60 landlord may prohibit a tenant from assigning a lease agreement or 5-61 subleasing the leased premises if the prohibition is included in 5-62 the lease agreement. 5-63 (b) If the landlord permits a tenant to assign a lease 5-64 agreement or sublease the leased premises, the lease agreement must 5-65 specify the conditions under which the tenant may enter into an 5-66 assignment or sublease agreement. 5-67 (Sections 94.058-94.100 reserved for expansion 5-68 SUBCHAPTER C. SECURITY DEPOSIT 5-69 Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security 6-1 deposit" means any advance of money, other than a rental 6-2 application deposit or an advance payment of rent, that is intended 6-3 primarily to secure performance under a lease of a lot in a 6-4 manufactured home community that has been entered into by a 6-5 landlord and a tenant. 6-6 Sec. 94.102. SECURITY DEPOSIT PERMITTED. (a) At the time 6-7 the tenant executes the initial lease agreement, the landlord may 6-8 require a security deposit. 6-9 (b) The landlord shall keep accurate records relating to 6-10 security deposits. 6-11 Sec. 94.103. OBLIGATION TO REFUND. (a) Except as provided 6-12 by this subchapter, the landlord shall refund the security deposit 6-13 not later than the 30th day after the date the tenant surrenders 6-14 the manufactured home lot. 6-15 (b) A requirement that a tenant give advance notice of 6-16 surrender as a condition for refunding the security deposit is 6-17 effective only if the requirement is underlined or is printed in 6-18 conspicuous bold print in the lease. 6-19 (c) The tenant's claim to the security deposit takes 6-20 priority over the claim of any creditor of the landlord, including 6-21 a trustee in bankruptcy. 6-22 Sec. 94.104. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR 6-23 RENT PREPAYMENT. (a) Except as provided by Subsection (b), a 6-24 landlord who receives a security deposit or rent prepayment for a 6-25 manufactured home lot from a tenant who fails to occupy the lot 6-26 according to a lease agreement between the landlord and the tenant 6-27 may not retain the security deposit or rent prepayment if: 6-28 (1) the tenant secures a replacement tenant 6-29 satisfactory to the landlord and the replacement tenant occupies 6-30 the lot on or before the commencement date of the lease; or 6-31 (2) the landlord secures a replacement tenant 6-32 satisfactory to the landlord and the replacement tenant occupies 6-33 the lot on or before the commencement date of the lease. 6-34 (b) If the landlord secures the replacement tenant, the 6-35 landlord may retain and deduct from the security deposit or rent 6-36 prepayment either: 6-37 (1) an amount agreed to in the lease agreement as a 6-38 lease cancellation fee; or 6-39 (2) actual expenses incurred by the landlord in 6-40 securing the replacement tenant, including a reasonable amount for 6-41 the time spent by the landlord in securing the replacement tenant. 6-42 Sec. 94.105. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) 6-43 Before returning a security deposit, the landlord may deduct from 6-44 the deposit damages and charges for which the tenant is legally 6-45 liable under the lease agreement or as a result of breaching the 6-46 lease. 6-47 (b) The landlord may not retain any portion of a security 6-48 deposit to cover normal wear and tear. 6-49 (c) If the landlord retains all or part of a security 6-50 deposit under this section, the landlord shall give to the tenant 6-51 the balance of the security deposit, if any, together with a 6-52 written description and itemized list of all deductions. The 6-53 landlord is not required to give the tenant a description and 6-54 itemized list of deductions if: 6-55 (1) the tenant owes rent when the tenant surrenders 6-56 possession of the manufactured home lot; and 6-57 (2) no controversy exists concerning the amount of 6-58 rent owed. 6-59 Sec. 94.106. CESSATION OF OWNER'S INTEREST. (a) If the 6-60 owner's interest in the premises is terminated by sale, assignment, 6-61 death, appointment of a receiver, bankruptcy, or otherwise, the new 6-62 owner is liable for the return of security deposits according to 6-63 this subchapter from the date title to the premises is acquired, 6-64 regardless of whether notice is given to the tenant under 6-65 Subsection (b). 6-66 (b) The person who no longer owns an interest in the leased 6-67 premises remains liable for a security deposit received while the 6-68 person was the owner until the new owner delivers to the tenant a 6-69 signed statement acknowledging that the new owner has received and 7-1 is responsible for the tenant's security deposit and specifying the 7-2 exact dollar amount of the deposit. 7-3 (c) Subsection (a) does not apply to a real estate mortgage 7-4 lienholder who acquires title by foreclosure. 7-5 Sec. 94.107. TENANT'S FORWARDING ADDRESS. (a) A landlord is 7-6 not obligated to return a tenant's security deposit or give the 7-7 tenant a written description of damages and charges until the 7-8 tenant gives the landlord a written statement of the tenant's 7-9 forwarding address for the purpose of refunding the security 7-10 deposit. 7-11 (b) The tenant does not forfeit the right to a refund of the 7-12 security deposit or the right to receive a description of damages 7-13 and charges merely for failing to give a forwarding address to the 7-14 landlord. 7-15 Sec. 94.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 7-16 (a) A tenant may not withhold payment of any portion of the last 7-17 month's rent on grounds that the security deposit is security for 7-18 unpaid rent. 7-19 (b) A tenant who violates this section is presumed to have 7-20 acted in bad faith. A tenant who in bad faith violates this 7-21 section is liable to the landlord for an amount equal to three 7-22 times the rent wrongfully withheld and the landlord's reasonable 7-23 attorney's fees in a suit to recover the rent. 7-24 Sec. 94.109. LIABILITY OF LANDLORD. (a) A landlord who in 7-25 bad faith retains a security deposit in violation of this 7-26 subchapter is liable for an amount equal to the sum of $100, three 7-27 times the portion of the deposit wrongfully withheld, and the 7-28 tenant's reasonable attorney's fees in a suit to recover the 7-29 deposit. 7-30 (b) A landlord who in bad faith does not provide a written 7-31 description and itemized list of damages and charges in violation 7-32 of this subchapter: 7-33 (1) forfeits the right to withhold any portion of the 7-34 security deposit or to bring suit against the tenant for damages to 7-35 the premises; and 7-36 (2) is liable for the tenant's reasonable attorney's 7-37 fees in a suit to recover the deposit. 7-38 (c) In an action brought by a tenant under this subchapter, 7-39 the landlord has the burden of proving that the retention of any 7-40 portion of the security deposit was reasonable. 7-41 (d) A landlord who fails either to return a security deposit 7-42 or to provide a written description and itemization of deductions 7-43 on or before the 30th day after the date the tenant surrenders 7-44 possession is presumed to have acted in bad faith. 7-45 (Sections 94.110-94.150 reserved for expansion 7-46 SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS 7-47 Sec. 94.151. WARRANTY OF SUITABILITY. By executing a lease 7-48 agreement, the landlord warrants that the manufactured home lot is 7-49 suitable for the installation of a manufactured home during the 7-50 term of the lease agreement. 7-51 Sec. 94.152. LANDLORD'S MAINTENANCE OBLIGATIONS. The 7-52 landlord shall: 7-53 (1) comply with any code, statute, ordinance, and 7-54 administrative rule applicable to the manufactured home community; 7-55 (2) maintain all common areas, if any, of the 7-56 manufactured home community in a clean and useable condition; 7-57 (3) maintain all utility lines installed in the 7-58 manufactured home community by the landlord unless the utility 7-59 lines are maintained by a public utility or political subdivision, 7-60 including a municipality; 7-61 (4) maintain individual mailboxes for the tenants in 7-62 accordance with United States Postal Service regulations unless 7-63 mailboxes are permitted to be located on the tenant's manufactured 7-64 home lot; 7-65 (5) maintain roads in the manufactured home community 7-66 to the extent necessary to provide access to each tenant's 7-67 manufactured home lot; 7-68 (6) provide services for the common collection and 7-69 removal of garbage and solid waste from within the manufactured 8-1 home community; and 8-2 (7) repair or remedy conditions on the premises that 8-3 materially affect the physical health or safety of an ordinary 8-4 tenant of the manufactured home community. 8-5 Sec. 94.153. LANDLORD'S REPAIR OBLIGATIONS. (a) This 8-6 section does not apply to a condition present in or on a tenant's 8-7 manufactured home. 8-8 (b) A landlord shall make a diligent effort to repair or 8-9 remedy a condition if: 8-10 (1) the tenant specifies the condition in a notice to 8-11 the person to whom or to the place at which rent is normally paid; 8-12 (2) the tenant is not delinquent in the payment of 8-13 rent at the time notice is given; and 8-14 (3) the condition materially affects the physical 8-15 health or safety of an ordinary tenant. 8-16 (c) Unless the condition was caused by normal wear and tear, 8-17 the landlord does not have a duty during the lease term or a 8-18 renewal or extension to repair or remedy a condition caused by: 8-19 (1) the tenant; 8-20 (2) a lawful occupant of the tenant's manufactured 8-21 home lot; 8-22 (3) a member of the tenant's family; or 8-23 (4) a guest or invitee of the tenant. 8-24 (d) This subchapter does not require the landlord: 8-25 (1) to furnish utilities from a utility company if as 8-26 a practical matter the utility lines of the company are not 8-27 reasonably available; or 8-28 (2) to furnish security guards. 8-29 Sec. 94.154. BURDEN OF PROOF. (a) Except as provided by 8-30 this section, the tenant has the burden of proof in a judicial 8-31 action to enforce a right resulting from the landlord's failure to 8-32 repair or remedy a condition under Section 94.153. 8-33 (b) If the landlord does not provide a written explanation 8-34 for delay in performing a duty to repair or remedy on or before the 8-35 fifth day after receiving from the tenant a written demand for an 8-36 explanation, the landlord has the burden of proving that the 8-37 landlord made a diligent effort to repair and that a reasonable 8-38 time for repair did not elapse. 8-39 Sec. 94.155. CASUALTY LOSS. (a) If a condition results from 8-40 an insured casualty loss, such as fire, smoke, hail, explosion, or 8-41 a similar cause, the period for repair does not begin until the 8-42 landlord receives the insurance proceeds. 8-43 (b) If after a casualty loss the leased premises are as a 8-44 practical matter totally unusable for the purposes for which the 8-45 premises were leased and if the casualty loss is not caused by the 8-46 negligence or fault of the tenant, a member of the tenant's family, 8-47 or a guest or invitee of the tenant, either the landlord or the 8-48 tenant may terminate the lease by giving written notice to the 8-49 other any time before repairs are completed. If the lease is 8-50 terminated, the tenant is entitled only to a pro rata refund of 8-51 rent from the date the tenant moves out and to a refund of any 8-52 security deposit otherwise required by law. 8-53 (c) If after a casualty loss the leased premises are 8-54 partially unusable for the purposes for which the premises were 8-55 leased and if the casualty loss is not caused by the negligence or 8-56 fault of the tenant, a member of the tenant's family, or a guest or 8-57 invitee of the tenant, the tenant is entitled to reduction in the 8-58 rent in an amount proportionate to the extent the premises are 8-59 unusable because of the casualty, but only on judgment of a county 8-60 or district court. A landlord and tenant may agree otherwise in a 8-61 written lease. 8-62 Sec. 94.156. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE 8-63 AND TIME FOR REPAIR. (a) A landlord's liability under this section 8-64 is subject to Section 94.153(c) regarding conditions that are 8-65 caused by a tenant. 8-66 (b) A landlord is liable to a tenant as provided by this 8-67 subchapter if: 8-68 (1) the tenant has given the landlord notice to repair 8-69 or remedy a condition by giving that notice to the person to whom 9-1 or to the place where the tenant's rent is normally paid; 9-2 (2) the condition materially affects the physical 9-3 health or safety of an ordinary tenant; 9-4 (3) the tenant has given the landlord a subsequent 9-5 written notice to repair or remedy the condition after a reasonable 9-6 time to repair or remedy the condition following the notice given 9-7 under Subdivision (1) or the tenant has given the notice under 9-8 Subdivision (1) by sending that notice by certified mail, return 9-9 receipt requested, or by registered mail; 9-10 (4) the landlord has had a reasonable time to repair 9-11 or remedy the condition after the landlord received the tenant's 9-12 notice under Subdivision (1) and, if applicable, the tenant's 9-13 subsequent notice under Subdivision (3); 9-14 (5) the landlord has not made a diligent effort to 9-15 repair or remedy the condition after the landlord received the 9-16 tenant's notice under Subdivision (1) and, if applicable, the 9-17 tenant's notice under Subdivision (3); and 9-18 (6) the tenant was not delinquent in the payment of 9-19 rent at the time any notice required by this subsection was given. 9-20 (c) For purposes of Subsection (b)(4) or (5), a landlord is 9-21 considered to have received the tenant's notice when the landlord 9-22 or the landlord's agent or employee has actually received the 9-23 notice or when the United States Postal Service has attempted to 9-24 deliver the notice to the landlord. 9-25 (d) For purposes of Subsection (b)(3) or (4), in determining 9-26 whether a period of time is a reasonable time to repair or remedy a 9-27 condition, there is a rebuttable presumption that seven days is a 9-28 reasonable time. To rebut that presumption, the date on which the 9-29 landlord received the tenant's notice, the severity and nature of 9-30 the condition, and the reasonable availability of materials and 9-31 labor and of utilities from a utility company must be considered. 9-32 (e) Except as provided by Subsection (f), a tenant to whom a 9-33 landlord is liable under Subsection (b) may: 9-34 (1) terminate the lease; 9-35 (2) have the condition repaired or remedied according 9-36 to Section 94.157; 9-37 (3) deduct from the tenant's rent, without necessity 9-38 of judicial action, the cost of the repair or remedy according to 9-39 Section 94.157; and 9-40 (4) obtain judicial remedies according to Section 9-41 94.159. 9-42 (f) A tenant who elects to terminate the lease under 9-43 Subsection (e) is: 9-44 (1) entitled to a pro rata refund of rent from the 9-45 date of termination or the date the tenant moves out, whichever is 9-46 later; 9-47 (2) entitled to deduct the tenant's security deposit 9-48 from the tenant's rent without necessity of lawsuit or to obtain a 9-49 refund of the tenant's security deposit according to law; and 9-50 (3) not entitled to the other repair and deduct 9-51 remedies under Section 94.157 or the judicial remedies under 9-52 Sections 94.159(a)(1) and (2). 9-53 Sec. 94.157. TENANT'S REPAIR AND DEDUCT REMEDIES. (a) If 9-54 the landlord is liable to the tenant under Section 94.156(b), the 9-55 tenant may have the condition repaired or remedied and may deduct 9-56 the cost from a subsequent rent payment as provided by this 9-57 section. 9-58 (b) Except as provided by this subsection, the tenant's 9-59 deduction for the cost of the repair or remedy may not exceed the 9-60 amount of one month's rent under the lease agreement or $500, 9-61 whichever is greater. If the tenant's rent is subsidized in whole 9-62 or in part by a governmental agency, the deduction limitation of 9-63 one month's rent means the fair market rent for the manufactured 9-64 home lot and not the rent that the tenant pays. The governmental 9-65 agency subsidizing the rent shall determine the fair market rent. 9-66 If the governmental agency does not make a determination, the fair 9-67 market rent means a reasonable amount of rent under the 9-68 circumstances. 9-69 (c) Repairs and deductions under this section may be made as 10-1 often as necessary provided that the total repairs and deductions 10-2 in any one month may not exceed one month's rent or $500, whichever 10-3 is greater. 10-4 (d) Repairs under this section may be made only if all of 10-5 the following requirements are met: 10-6 (1) the landlord has a duty to repair or remedy the 10-7 condition under Section 94.153; 10-8 (2) the tenant has given notice to the landlord in the 10-9 same manner as prescribed by Section 92.056(b)(1) and, if required 10-10 under Section 92.056(b)(3), a subsequent notice in the same manner 10-11 as prescribed by that subsection; and 10-12 (3) any one of the following events has occurred: 10-13 (A) the landlord has failed to remedy the backup 10-14 or overflow of raw sewage inside the tenant's manufactured home 10-15 that results from a condition in the utility lines installed in the 10-16 manufactured home community by the landlord; 10-17 (B) the landlord has expressly or impliedly 10-18 agreed in the lease agreement to furnish potable water to the 10-19 tenant's manufactured home lot and the water service to the lot has 10-20 totally ceased; or 10-21 (C) the landlord has been notified in writing by 10-22 the appropriate local housing, building, or health official or 10-23 other official having jurisdiction that a condition existing on the 10-24 manufactured home lot materially affects the health or safety of an 10-25 ordinary tenant. 10-26 (e) At least one of the notices given under Subsection 10-27 (d)(2) must state that the tenant intends to repair or remedy the 10-28 condition. The notice must also contain a reasonable description 10-29 of the intended repair or remedy. 10-30 (f) If the requirements prescribed by Subsections (d) and 10-31 (e) are met, a tenant may: 10-32 (1) have the condition repaired or remedied 10-33 immediately following the tenant's notice of intent to repair if 10-34 the condition involves the backup or overflow of sewage; 10-35 (2) have the condition repaired or remedied if the 10-36 condition involves a cessation of potable water if the landlord has 10-37 failed to repair or remedy the condition before the fourth day 10-38 after the date the tenant delivers a notice of intent to repair; or 10-39 (3) have the condition repaired or remedied if the 10-40 condition is not covered by Subsection (d)(3)(A) or (B) and 10-41 involves a condition affecting the physical health or safety of the 10-42 ordinary tenant if the landlord has failed to repair or remedy the 10-43 condition before the eighth day after the date the tenant delivers 10-44 a notice of intent to repair. 10-45 (g) Repairs made based on a tenant's notice must be made by 10-46 a company, contractor, or repairman listed at the time of the 10-47 tenant's notice of intent to repair in the yellow or business pages 10-48 of the telephone directory or in the classified advertising section 10-49 of a newspaper of the municipality or county in which the 10-50 manufactured home community is located or in an adjacent county. 10-51 Unless the landlord and tenant agree otherwise under Subsection 10-52 (i), repairs may not be made by the tenant, the tenant's immediate 10-53 family, the tenant's employer or employees, or a company in which 10-54 the tenant has an ownership interest. Repairs may not be made to 10-55 the foundation or load-bearing structural elements of the 10-56 manufactured home lot. 10-57 (h) Repairs made based on a tenant's notice must comply with 10-58 applicable building codes, including any required building permit. 10-59 (i) A landlord and a tenant may mutually agree for the 10-60 tenant to repair or remedy, at the landlord's expense, any 10-61 condition on the manufactured home lot regardless of whether it 10-62 materially affects the health or safety of an ordinary tenant. 10-63 (j) The tenant may not contract for labor or materials in 10-64 excess of the amount the tenant may deduct under this section. The 10-65 landlord is not liable to repairmen, contractors, or material 10-66 suppliers who furnish labor or materials to repair or remedy the 10-67 condition. A repairman or supplier does not have a lien for 10-68 materials or services arising out of repairs contracted for by the 10-69 tenant under this section. 11-1 (k) When deducting the cost of repairs from the rent 11-2 payment, the tenant shall furnish the landlord, along with payment 11-3 of the balance of the rent, a copy of the repair bill and the 11-4 receipt for its payment. A repair bill and receipt may be the same 11-5 document. 11-6 (l) If the landlord repairs or remedies the condition after 11-7 the tenant has contacted a repairman but before the repairman 11-8 commences work, the landlord is liable for the cost incurred by the 11-9 tenant for the repairman's charge for traveling to the premises, 11-10 and the tenant may deduct the charge from the tenant's rent as if 11-11 it were a repair cost. 11-12 Sec. 94.158. LANDLORD AFFIDAVIT FOR DELAY. (a) The tenant 11-13 must delay contracting for repairs under Section 94.157 if, before 11-14 the tenant contracts for the repairs, the landlord delivers to the 11-15 tenant an affidavit signed and sworn to under oath by the landlord 11-16 or the landlord's authorized agent and complying with this section. 11-17 (b) The affidavit must summarize the reasons for the delay 11-18 and the diligent efforts made by the landlord up to the date of the 11-19 affidavit to get the repairs done. The affidavit must state facts 11-20 showing that the landlord has made and is making diligent efforts 11-21 to repair the condition, and it must contain dates, names, 11-22 addresses, and telephone numbers of contractors, suppliers, and 11-23 repairers contacted by the owner. 11-24 (c) Affidavits under this section may delay repair by the 11-25 tenant for: 11-26 (1) 15 days if the landlord's failure to repair is 11-27 caused by a delay in obtaining necessary parts for which the 11-28 landlord is not at fault; or 11-29 (2) 30 days if the landlord's failure to repair is 11-30 caused by a general shortage of labor or materials for repair 11-31 following a natural disaster such as a hurricane, tornado, flood, 11-32 extended freeze, or widespread windstorm. 11-33 (d) Affidavits for delay based on grounds other than those 11-34 listed in Subsection (c) are unlawful and, if used, are of no 11-35 effect. The landlord may file subsequent affidavits, provided that 11-36 the total delay of the repair or remedy extends no longer than six 11-37 months from the date the landlord delivers the first affidavit to 11-38 the tenant. 11-39 (e) The affidavit must be delivered to the tenant by any of 11-40 the following methods: 11-41 (1) personal delivery to the tenant; 11-42 (2) certified mail, return receipt requested, to the 11-43 tenant; or 11-44 (3) leaving the notice securely fixed on the outside 11-45 of the main entry door of the manufactured home if notice in that 11-46 manner is authorized in a written lease. 11-47 (f) Affidavits for delay by a landlord under this section 11-48 must be submitted in good faith. Following delivery of the 11-49 affidavit, the landlord must continue diligent efforts to repair or 11-50 remedy the condition. There shall be a rebuttable presumption that 11-51 the landlord acted in good faith and with continued diligence for 11-52 the first affidavit for delay the landlord delivers to the tenant. 11-53 The landlord shall have the burden of pleading and proving good 11-54 faith and continued diligence for subsequent affidavits for delay. 11-55 A landlord who violates this section shall be liable to the tenant 11-56 for all judicial remedies under Section 94.159, except that the 11-57 civil penalty under Section 94.159(a)(3) shall be one month's rent 11-58 plus $1,000. 11-59 (g) If the landlord is liable to the tenant under Section 11-60 94.156 and if a new landlord, in good faith and without knowledge 11-61 of the tenant's notice of intent to repair, has acquired title to 11-62 the tenant's dwelling by foreclosure, deed in lieu of foreclosure, 11-63 or general warranty deed in a bona fide purchase, then the 11-64 following shall apply: 11-65 (1) The tenant's right to terminate the lease under 11-66 this subchapter shall not be affected, and the tenant shall have no 11-67 duty to give additional notice to the new landlord. 11-68 (2) The tenant's right to repair and deduct for 11-69 conditions involving sewage backup or overflow or a cutoff of 12-1 potable water under Section 94.157(f) shall not be affected, and 12-2 the tenant shall have no duty to give additional notice to the new 12-3 landlord. 12-4 (3) For conditions other than those specified in 12-5 Subdivision (2), if the new landlord acquires title as described by 12-6 this subsection and has notified the tenant of the name and address 12-7 of the new landlord or the new landlord's authorized agent and if 12-8 the tenant has not already contracted for the repair or remedy at 12-9 the time the tenant is so notified, the tenant must deliver to the 12-10 new landlord a written notice of intent to repair or remedy the 12-11 condition, and the new landlord shall have a reasonable time to 12-12 complete the repair before the tenant may repair or remedy the 12-13 condition. No further notice from the tenant is necessary in order 12-14 for the tenant to repair or remedy the condition after a reasonable 12-15 time has elapsed. 12-16 (4) The tenant's judicial remedies under Section 12-17 94.159 shall be limited to recovery against the landlord to whom 12-18 the tenant gave the required notices until the tenant has given the 12-19 new landlord the notices required by this section and otherwise 12-20 complied with Section 94.156 as to the new landlord. 12-21 (5) If the new landlord violates this subsection, the 12-22 new landlord is liable to the tenant for a civil penalty of one 12-23 month's rent plus $2,000, actual damages, and attorney's fees. 12-24 (6) No provision of this section shall affect any 12-25 right of a foreclosing superior lienholder to terminate, according 12-26 to law, any interest in the premises held by the holders of 12-27 subordinate liens, encumbrances, leases, or other interests and 12-28 shall not affect any right of the tenant to terminate the lease 12-29 according to law. 12-30 Sec. 94.159. TENANT'S JUDICIAL REMEDIES. (a) A tenant's 12-31 judicial remedies under Section 94.156 shall include: 12-32 (1) an order directing the landlord to take reasonable 12-33 action to repair or remedy the condition; 12-34 (2) an order reducing the tenant's rent, from the date 12-35 of the first repair notice, in proportion to the reduced rental 12-36 value resulting from the condition until the condition is repaired 12-37 or remedied; 12-38 (3) a judgment against the landlord for a civil 12-39 penalty of one month's rent plus $500; 12-40 (4) a judgment against the landlord for the amount of 12-41 the tenant's actual damages; and 12-42 (5) court costs and attorney's fees, excluding any 12-43 attorney's fees for a cause of action for damages relating to a 12-44 personal injury. 12-45 (b) A landlord who knowingly violates Section 94.003 by 12-46 contracting with a tenant to waive the landlord's duty to repair 12-47 under this subchapter shall be liable to the tenant for actual 12-48 damages, a civil penalty of one month's rent plus $2,000, and 12-49 reasonable attorney's fees. For purposes of this subsection, there 12-50 shall be a rebuttable presumption that the landlord acted without 12-51 knowledge of the violation. The tenant shall have the burden of 12-52 pleading and proving a knowing violation. If the lease is not in 12-53 violation of Section 94.003, the tenant's proof of a knowing 12-54 violation must be clear and convincing. A mutual agreement for 12-55 tenant repair under Section 94.157(i) is not a violation of Section 12-56 94.003. 12-57 (c) The justice, county, and district courts have concurrent 12-58 jurisdiction of an action under Subsection (a), except that the 12-59 justice court may not order repairs under Subsection (a)(1). 12-60 Sec. 94.160. LANDLORD REMEDY FOR TENANT VIOLATION. (a) If a 12-61 tenant withholds rent, causes repairs to be performed, or makes 12-62 rent deductions for repairs in violation of this subchapter, the 12-63 landlord may recover actual damages from the tenant. If, after a 12-64 landlord has notified a tenant in writing of the illegality of the 12-65 tenant's rent withholding or the tenant's proposed repair and the 12-66 penalties of this subchapter, the tenant withholds rent, causes 12-67 repairs to be performed, or makes rent deductions for repairs in 12-68 bad faith violation of this subchapter, the landlord may recover 12-69 from the tenant a civil penalty of one month's rent plus $500. 13-1 (b) Notice under this section must be in writing and may be 13-2 given in person, by mail, or by delivery to the premises. 13-3 (c) The landlord has the burden of pleading and proving, by 13-4 clear and convincing evidence, that the landlord gave the tenant 13-5 the required notice of the illegality and the penalties and that 13-6 the tenant's violation was done in bad faith. In any litigation 13-7 under this subsection, the prevailing party shall recover 13-8 reasonable attorney's fees from the nonprevailing party. 13-9 Sec. 94.161. AGENTS FOR DELIVERY OF NOTICE. A managing 13-10 agent, leasing agent, or resident manager is the agent of the 13-11 landlord for purposes of notice and other communications required 13-12 or permitted by this subchapter. 13-13 Sec. 94.162. EFFECT ON OTHER RIGHTS. The duties of a 13-14 landlord and the remedies of a tenant under this subchapter are in 13-15 lieu of existing common law and other statutory law warranties and 13-16 duties of landlords for maintenance, repair, security, suitability, 13-17 and nonretaliation, and remedies of tenants for a violation of 13-18 those warranties and duties. Otherwise, this subchapter does not 13-19 affect any other right of a landlord or tenant under contract, 13-20 statutory law, or common law that is consistent with the purposes 13-21 of this subchapter or any right a landlord or tenant may have to 13-22 bring an action for personal injury or property damage under the 13-23 law of this state. This subchapter does not impose obligations on 13-24 a landlord or tenant other than those expressly stated in this 13-25 subchapter. 13-26 (Sections 94.163-94.200 reserved for expansion 13-27 SUBCHAPTER E. TERMINATION, EVICTION, 13-28 AND FORECLOSURE 13-29 Sec. 94.201. LANDLORD'S REMEDY FOR EARLY TERMINATION. (a) 13-30 Except as provided by Subsection (b), the maximum amount a landlord 13-31 may recover as damages for a tenant's early termination of a lease 13-32 agreement is an amount equal to the amount of rent that remains 13-33 outstanding for the term of the lease and any other amounts owed 13-34 for the remainder of the lease under the terms of the lease. 13-35 (b) If the tenant's manufactured home lot is reoccupied 13-36 before the 21st day after the date the tenant surrenders the lot, 13-37 the maximum amount the landlord may obtain as damages is an amount 13-38 equal to one month's rent. 13-39 Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A 13-40 landlord has a duty to mitigate damages if a tenant vacates the 13-41 manufactured home lot before the end of the lease term. 13-42 (b) A provision of a lease agreement that purports to waive 13-43 a right or to exempt a landlord from a liability or duty under this 13-44 section is void. 13-45 Sec. 94.203. EVICTION PROCEDURES GENERALLY. (a) A landlord 13-46 may prevent a tenant from entering the manufactured home lot, evict 13-47 a tenant, or require the removal of a manufactured home from the 13-48 manufactured home lot only after obtaining a writ of possession 13-49 under Chapter 24. 13-50 (b) If the tenant has disclosed the name of a lienholder as 13-51 provided by Section 94.054, the landlord shall give written notice 13-52 of eviction proceedings to the lienholder of the manufactured home 13-53 not later than the third day after the date the landlord files an 13-54 application or petition for a judgment for possession. 13-55 (c) If the court finds that the landlord initiated the 13-56 eviction proceeding to retaliate against the tenant in violation of 13-57 Section 94.251, the court may not approve the eviction of the 13-58 tenant. 13-59 (d) Notwithstanding other law, a court may not issue a writ 13-60 of possession in favor of a landlord before the 30th day after the 13-61 date the judgment for possession is rendered if the tenant has paid 13-62 the rent amount due under the lease for that 30-day period. 13-63 (e) The court shall notify a tenant in writing of a default 13-64 judgment for possession by sending a copy of the judgment to the 13-65 leased premises by first class mail not later than 48 hours after 13-66 the entry of the judgment. In addition, the court shall send a 13-67 copy of the judgment to the owner of the manufactured home if the 13-68 tenant is not the owner and to any person who holds a lien on the 13-69 manufactured home if the court has been notified in writing of the 14-1 name and address of the owner and lienholder. 14-2 (f) If, after executing a writ of possession for the 14-3 manufactured home lot, the landlord removes the manufactured home 14-4 from the lot, the landlord not later than the 10th day after the 14-5 date the manufactured home is removed shall send a written notice 14-6 regarding the location of the manufactured home to the tenant at 14-7 the tenant's most recent mailing address as reflected in the 14-8 landlord's records and, if different, to the owner if the landlord 14-9 is given written notice of the owner's name and address. 14-10 Sec. 94.204. TERMINATION FOR CHANGE IN LAND USE. (a) A 14-11 landlord may terminate a lease agreement to change the manufactured 14-12 home community's land use only if: 14-13 (1) not later than the 120th day before the date the 14-14 land use changes, the landlord sends notice to the tenant, to the 14-15 owner of the manufactured home if the owner is not the tenant, and 14-16 to the holder of any lien on the manufactured home: 14-17 (A) specifying the date that the land use will 14-18 change; and 14-19 (B) informing the tenant, owner, and lienholder, 14-20 if any, that the owner must relocate the manufactured home; and 14-21 (2) not later than the 120th day before the date the 14-22 land use changes, the landlord posts in a conspicuous place in the 14-23 manufactured home community a notice stating that the land use will 14-24 change and specifying the date that the land use will change. 14-25 (b) The landlord is required to give the owner and 14-26 lienholder, if any, of the manufactured home notice under 14-27 Subsection (a)(1) only if the landlord is given written notice of 14-28 the name and address of the owner and lienholder. 14-29 Sec. 94.205. TERMINATION AND EVICTION FOR VIOLATION OF 14-30 LEASE. A landlord may terminate the lease agreement and evict a 14-31 tenant for a violation of a lease provision, including a 14-32 manufactured home community rule incorporated in the lease. 14-33 Sec. 94.206. TERMINATION AND EVICTION FOR NONPAYMENT OF 14-34 RENT. A landlord may terminate the lease agreement and evict a 14-35 tenant if: 14-36 (1) the tenant fails to timely pay rent or other 14-37 amounts due under the lease that in the aggregate equal the amount 14-38 of at least one month's rent; 14-39 (2) the landlord notifies the tenant in writing that 14-40 the payment is delinquent; and 14-41 (3) the tenant has not tendered the delinquent payment 14-42 in full to the landlord before the 10th day after the date the 14-43 tenant receives the notice. 14-44 (Sections 94.207-94.250 reserved for expansion 14-45 SUBCHAPTER F. PROHIBITED ACTS 14-46 Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may 14-47 not retaliate against a tenant by taking an action described by 14-48 Subsection (b) because the tenant: 14-49 (1) in good faith exercises or attempts to exercise 14-50 against a landlord a right or remedy granted to the tenant by the 14-51 lease agreement, a municipal ordinance, or a federal or state 14-52 statute; 14-53 (2) gives the landlord a notice to repair or exercise 14-54 a remedy under this chapter; or 14-55 (3) complains to a governmental entity responsible for 14-56 enforcing building or housing codes, a public utility, or a civic 14-57 or nonprofit agency, and the tenant: 14-58 (A) claims a building or housing code violation 14-59 or utility problem; and 14-60 (B) believes in good faith that the complaint is 14-61 valid and that the violation or problem occurred. 14-62 (b) A landlord may not, within six months after the date of 14-63 the tenant's action under Subsection (a), retaliate against the 14-64 tenant by: 14-65 (1) filing an eviction proceeding, except for the 14-66 grounds stated by Subchapter E; 14-67 (2) depriving the tenant of the use of the premises, 14-68 except for reasons authorized by law; 14-69 (3) decreasing services to the tenant; 15-1 (4) increasing the tenant's rent; 15-2 (5) terminating the tenant's lease agreement; or 15-3 (6) engaging, in bad faith, in a course of conduct 15-4 that materially interferes with the tenant's rights under the 15-5 tenant's lease agreement. 15-6 Sec. 94.252. RESTRICTION ON SALE OF MANUFACTURED HOME. (a) 15-7 The owner of a manufactured home may sell a home located on the 15-8 leased premises if: 15-9 (1) the purchaser is approved in writing by the 15-10 landlord; and 15-11 (2) a lease agreement is signed by the purchaser. 15-12 (b) Unless the owner of a manufactured home has agreed in 15-13 writing, the landlord may not: 15-14 (1) require the owner to contract with the landlord to 15-15 act as an agent or broker in selling the home; or 15-16 (2) require the owner to pay a commission or fee from 15-17 the sale of the home. 15-18 Sec. 94.253. NONRETALIATION. (a) A landlord is not liable 15-19 for retaliation under this subchapter if the landlord proves that 15-20 the action was not made for purposes of retaliation, nor is the 15-21 landlord liable, unless the action violates a prior court order 15-22 under Section 94.159, for: 15-23 (1) increasing rent under an escalation clause in a 15-24 written lease for utilities, taxes, or insurance; or 15-25 (2) increasing rent or reducing services as part of a 15-26 pattern of rent increases or service reductions for an entire 15-27 manufactured home community. 15-28 (b) An eviction or lease termination based on the following 15-29 circumstances, which are valid grounds for eviction or lease 15-30 termination in any event, does not constitute retaliation: 15-31 (1) the tenant is delinquent in rent or other amounts 15-32 due under the lease that in the aggregate equal the amount of at 15-33 least one month's rent when the landlord gives notice to vacate or 15-34 files an eviction action; 15-35 (2) the tenant, a member of the tenant's family, or a 15-36 guest or invitee of the tenant intentionally damages property on 15-37 the premises or by word or conduct threatens the personal safety of 15-38 the landlord, the landlord's employees, or another tenant; 15-39 (3) the tenant has materially breached the lease, 15-40 other than by holding over, by an action such as violating written 15-41 lease provisions prohibiting serious misconduct or criminal acts, 15-42 except as provided by this section; 15-43 (4) the tenant holds over after giving notice of 15-44 termination or intent to vacate; 15-45 (5) the tenant holds over after the landlord gives 15-46 notice of termination at the end of the rental term and the tenant 15-47 does not take action under Section 94.251 until after the landlord 15-48 gives notice of termination; or 15-49 (6) the tenant holds over and the landlord's notice of 15-50 termination is motivated by a good faith belief that the tenant, a 15-51 member of the tenant's family, or a guest or invitee of the tenant 15-52 might: 15-53 (A) adversely affect the quiet enjoyment by 15-54 other tenants or neighbors; 15-55 (B) materially affect the health or safety of 15-56 the landlord, other tenants, or neighbors; or 15-57 (C) damage the property of the landlord, other 15-58 tenants, or neighbors. 15-59 Sec. 94.254. TENANT REMEDIES. In addition to other remedies 15-60 provided by law, if a landlord retaliates against a tenant under 15-61 this subchapter, the tenant may recover from the landlord a civil 15-62 penalty of one month's rent plus $500, actual damages, court costs, 15-63 and reasonable attorney's fees in an action for recovery of 15-64 property damages, moving costs, actual expenses, civil penalties, 15-65 or declaratory or injunctive relief, less any delinquent rents or 15-66 other sums for which the tenant is liable to the landlord. If the 15-67 tenant's rent payment to the landlord is subsidized in whole or in 15-68 part by a governmental entity, the civil penalty granted under this 15-69 section shall reflect the fair market rent of the leased premises 16-1 plus $500. 16-2 Sec. 94.255. INVALID COMPLAINTS. (a) If a tenant files or 16-3 prosecutes a suit for retaliatory action based on a complaint 16-4 asserted under Section 94.251(a)(3), and a government building or 16-5 housing inspector or utility company representative visits the 16-6 manufactured home community and determines in writing that a 16-7 violation of a building or housing code does not exist or that a 16-8 utility problem does not exist, there is a rebuttable presumption 16-9 that the tenant acted in bad faith. 16-10 (b) If a tenant files or prosecutes a suit under this 16-11 subchapter in bad faith, the landlord may recover possession of the 16-12 leased premises and may recover from the tenant a civil penalty of 16-13 one month's rent plus $500, court costs, and reasonable attorney's 16-14 fees. If the tenant's rent payment to the landlord is subsidized 16-15 in whole or in part by a governmental entity, the civil penalty 16-16 granted under this subsection shall reflect the fair market rent of 16-17 the leased premises plus $500. 16-18 Sec. 94.256. EVICTION SUITS. In an eviction suit, 16-19 retaliation by the landlord under Section 94.251 is a defense and a 16-20 rent deduction lawfully made by the tenant under this chapter is a 16-21 defense for nonpayment of the rent to the extent allowed by this 16-22 chapter. Other judicial actions under this chapter, excluding an 16-23 action that would be permitted under Chapter 24, may not be joined 16-24 with an eviction suit or asserted as a defense or cross-claim in an 16-25 eviction suit. 16-26 (Sections 94.257-94.300 reserved for expansion 16-27 SUBCHAPTER G. REMEDIES 16-28 Sec. 94.301. TENANT'S REMEDIES. A person may recover from a 16-29 landlord who violates this chapter: 16-30 (1) actual damages; 16-31 (2) a civil penalty in an amount equal to two months' 16-32 rent and $500; and 16-33 (3) reasonable attorney's fees and costs. 16-34 Sec. 94.302. LANDLORD'S REMEDIES. If the court finds that a 16-35 tenant filed or prosecuted a suit under this chapter in bad faith 16-36 or for purposes of harassment, the court shall award the landlord: 16-37 (1) an amount equal to two months' rent and $500; and 16-38 (2) reasonable attorney's fees and costs. 16-39 Sec. 94.303. CUMULATIVE REMEDIES. (a) The provisions of 16-40 this chapter are not exclusive and are in addition to any other 16-41 remedy provided by other law. 16-42 (b) A specific remedy provided by this chapter supersedes 16-43 the general remedy provided by this subchapter and is in addition 16-44 to any other remedy provided by other law. 16-45 SECTION 2. This Act takes effect April 1, 2002. 16-46 SECTION 3. The changes in law made by Chapter 94, Property 16-47 Code, as added by this Act, apply only to a lease agreement entered 16-48 into on or after the effective date of this Act. A lease agreement 16-49 entered into before the effective date of this Act is governed by 16-50 the law in effect when the lease agreement was entered into, and 16-51 the former law is continued in effect for that purpose. 16-52 * * * * *