By Lucio S.B. No. 1522
77R6859 AJA-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. Title 8, Property Code, is amended by adding
1-6 Chapter 94 to read as follows:
1-7 CHAPTER 94. MANUFACTURED HOME TENANCIES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 94.001. DEFINITIONS. In this chapter:
1-10 (1) "Landlord" means the owner or manager of a
1-11 manufactured home community. The term does not include an employee
1-12 or agent of the landlord other than the manager unless the employee
1-13 or agent is represented as the owner or manager in a lease
1-14 agreement.
1-15 (2) "Lease agreement" means a written agreement
1-16 between a landlord and a tenant that establishes the terms,
1-17 conditions, and other provisions for installing and occupying a
1-18 manufactured home on the premises of a manufactured home community.
1-19 (3) "Manufactured home" has the meaning assigned by
1-20 Section 3, Texas Manufactured Housing Standards Act (Article 5221f,
1-21 Vernon's Texas Civil Statutes).
1-22 (4) "Manufactured home lot" means the space allocated
1-23 in the lease agreement for the installation of the tenant's
1-24 manufactured home and the area adjacent to that space designated
2-1 for the tenant's exclusive use.
2-2 (5) "Manufactured home community" means a parcel of
2-3 land on which four or more lots are offered for lease for
2-4 installing and occupying manufactured homes.
2-5 (6) "Manufactured home community rules" means the
2-6 rules provided in a written document that establish the policies
2-7 and regulations relating to the use, occupancy, and quiet enjoyment
2-8 of and the health, safety, and welfare of tenants of the
2-9 manufactured home community.
2-10 (7) "Normal wear and tear" means deterioration that
2-11 results from intended use of the premises, including breakage or
2-12 malfunction due to age or deteriorated condition, but the term does
2-13 not include deterioration that results from negligence,
2-14 carelessness, accident, or abuse of the premises, equipment, or
2-15 chattels by the tenant, a member of the tenant's household, or a
2-16 guest or invitee of the tenant.
2-17 (8) "Premises" means a tenant's manufactured home lot,
2-18 any area or facility the lease authorizes the tenant to use, and
2-19 the appurtenances, grounds, and facilities held out for the use of
2-20 tenants generally.
2-21 (9) "Tenant" means a person who is authorized by a
2-22 lease agreement to occupy a lot in a manufactured home community.
2-23 Sec. 94.002. APPLICABILITY. (a) Except as provided by
2-24 Subsection (b), this chapter applies only to the relationship
2-25 between a landlord who leases property in a manufactured home
2-26 community and a tenant leasing property in the manufactured home
2-27 community.
3-1 (b) This chapter does not apply to the relationship between:
3-2 (1) a landlord who owns a manufactured home and a
3-3 tenant who leases the manufactured home from the landlord; or
3-4 (2) a landlord and an agent or employee of the
3-5 landlord.
3-6 Sec. 94.003. WAIVER OF RIGHTS AND OBLIGATIONS. A provision
3-7 in a lease agreement or a manufactured home community rule that
3-8 waives or limits a right granted to a tenant or an obligation
3-9 imposed on a landlord under this chapter is void and unenforceable.
3-10 Sec. 94.004. LANDLORD'S RIGHT OF ENTRY. (a) Except as
3-11 provided by this section, the landlord may not enter a tenant's
3-12 manufactured home unless:
3-13 (1) the tenant is present and gives consent; or
3-14 (2) the tenant has previously given written consent.
3-15 (b) The written consent under Subsection (a)(2) must specify
3-16 the date and time entry is permitted and is valid only for the date
3-17 and time specified. The tenant may revoke the consent without
3-18 penalty at any time by notifying the landlord in writing that the
3-19 consent has been revoked.
3-20 (c) The landlord may enter the tenant's manufactured home in
3-21 a reasonable manner and at a reasonable time if the landlord has
3-22 reasonable cause to believe:
3-23 (1) an emergency exists; or
3-24 (2) the tenant has abandoned the manufactured home.
3-25 Sec. 94.005. COMMON AREA FACILITIES. Each common area
3-26 facility must be designated in the lease agreement or manufactured
3-27 home community rules. The landlord shall post the hours of
4-1 operation or availability of the facility in a conspicuous place at
4-2 the facility.
4-3 Sec. 94.006. TENANT MEETINGS. Any limitations on meetings by
4-4 tenants in the common area facilities must be included in the
4-5 manufactured home community rules.
4-6 Sec. 94.007. CASH RENTAL PAYMENTS. (a) A landlord shall
4-7 accept a tenant's cash rental payment unless the lease agreement
4-8 requires the tenant to make rental payments by check, money order,
4-9 or other traceable or negotiable instrument.
4-10 (b) A landlord who receives a cash rental payment shall:
4-11 (1) provide the tenant with a written receipt; and
4-12 (2) enter the payment date and amount in a record book
4-13 maintained by the landlord.
4-14 (c) A tenant or a governmental entity or civic association
4-15 acting on the tenant's behalf may file suit against a landlord to
4-16 enjoin a violation of this section.
4-17 Sec. 94.008. MANUFACTURED HOME COMMUNITY RULES. (a) A
4-18 landlord may adopt reasonable manufactured home community rules.
4-19 (b) Manufactured home community rules are considered part of
4-20 the lease agreement regardless of whether the rules are provided to
4-21 the tenant in a document that is separate from the lease agreement.
4-22 (c) The landlord may add to or amend manufactured home
4-23 community rules. If the landlord adds or amends a rule, the rule
4-24 is not effective until the 30th day after the date each tenant is
4-25 provided with a written copy of the added or amended rule.
4-26 Sec. 94.009. NOTICE TO TENANT AT PRIMARY RESIDENCE.
4-27 (a) Notices to the tenant required by the lease agreement, by this
5-1 chapter, or by Chapter 24 must be sent to the tenant's primary
5-2 address at the manufactured home community unless the tenant gives
5-3 the landlord written notice of a secondary address for the receipt
5-4 of notices.
5-5 (b) The tenant shall notify the landlord in writing of any
5-6 change in the tenant's primary or secondary address. Oral notices
5-7 of change are insufficient.
5-8 (c) A notice to a tenant may be sent by regular United
5-9 States mail and is considered as having been given on the date of
5-10 postmark of the notice.
5-11 (d) If there is more than one tenant on a lease agreement,
5-12 the landlord is not required under this section to send notices to
5-13 the primary or secondary address of more than one tenant.
5-14 (e) This section does not apply if notice is actually hand
5-15 delivered to and received by a person occupying the leased premises
5-16 who is 16 years of age or older.
5-17 Sec. 94.010. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A
5-18 landlord shall disclose to a tenant, or to any governmental
5-19 official or employee acting in an official capacity, according to
5-20 this section:
5-21 (1) the name and either a street or post office box
5-22 address of the holder of record title, according to the deed
5-23 records in the county clerk's office, of the premises leased by the
5-24 tenant or inquired about by the governmental official or employee
5-25 acting in an official capacity; and
5-26 (2) if an entity located off-site from the
5-27 manufactured home community is primarily responsible for managing
6-1 the leased premises, the name and street address of that entity.
6-2 (b) Disclosure to a tenant under Subsection (a) must be made
6-3 by:
6-4 (1) including the information in the tenant's lease
6-5 agreement or in the manufactured home community rules; or
6-6 (2) continuously posting the information in a
6-7 conspicuous place in the manufactured home community or the office
6-8 of the on-site manager.
6-9 (c) Disclosure of information under Subsection (a) to a
6-10 governmental official or employee must be made by giving the
6-11 information in writing to the official or employee on or before the
6-12 10th day after the date the landlord receives a written request for
6-13 the information from the official or employee.
6-14 (d) If the information required under Subsection (a)
6-15 changes, the landlord must notify each tenant of the change in
6-16 writing on or before the 30th day after the date the information
6-17 changes. A separate written notice of the change may be provided
6-18 to each tenant, or the landlord may provide the tenant with an
6-19 addendum to the lease agreement or an amendment to the manufactured
6-20 home community rules.
6-21 (e) For the purposes of this section, an owner or property
6-22 manager may disclose either an actual name or an assumed name if an
6-23 assumed name certificate has been recorded with the county clerk.
6-24 Sec. 94.011. LANDLORD'S AGENT FOR SERVICE OF PROCESS. In a
6-25 lawsuit by a tenant to enforce a legal obligation of the owner as
6-26 landlord of the manufactured home community, service of process
6-27 must be made on the owner or manager identified under Section
7-1 94.010(a).
7-2 Sec. 94.012. VENUE. Venue for an action under this chapter
7-3 is governed by Section 15.0115, Civil Practice and Remedies Code.
7-4 (Sections 94.013-94.050 reserved for expansion
7-5 SUBCHAPTER B. LEASE AGREEMENT
7-6 Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE
7-7 TENANT. At the time the landlord receives an application from a
7-8 prospective tenant, the landlord shall provide the prospective
7-9 tenant with a copy of:
7-10 (1) the proposed lease agreement for the manufactured
7-11 home community;
7-12 (2) any manufactured home community rules; and
7-13 (3) written notice of the landlord's right of
7-14 eviction, including a statement that the tenant may incur
7-15 significant costs in moving the manufactured home.
7-16 Sec. 94.052. TERM OF LEASE. A landlord shall offer the
7-17 tenant a lease agreement with a term of not less than six months.
7-18 In addition, the landlord may offer the tenant a lease agreement
7-19 with a term of less than six months but at least one month. The
7-20 tenant may choose any lease term offered.
7-21 Sec. 94.053. LEASE REQUIREMENTS AND DISCLOSURES. (a) A
7-22 lease agreement must be:
7-23 (1) typed or printed in legible handwriting; and
7-24 (2) signed by the landlord or an agent designated in
7-25 writing by the landlord and by the tenant.
7-26 (b) The landlord shall provide the tenant with a copy of the
7-27 lease agreement after the lease has been signed.
8-1 (c) A lease agreement must contain the following
8-2 information:
8-3 (1) the address or number of the manufactured home lot
8-4 and the number and location of parking spaces as designated by the
8-5 landlord;
8-6 (2) the lease term and a disclosure informing the
8-7 tenant of the tenant's right to renew the lease as provided by
8-8 Section 94.054;
8-9 (3) the rental amount;
8-10 (4) the interval at which rent must be paid and the
8-11 date on which periodic rental payments are due;
8-12 (5) any charge for late payment or fee or charge for
8-13 any service or facility;
8-14 (6) the amount of any security deposit;
8-15 (7) the name and address of the person designated to
8-16 accept official notices for the landlord;
8-17 (8) a disclosure of the landlord's right to terminate
8-18 the lease agreement if there is a change in the land use of the
8-19 manufactured home community during the lease term as provided by
8-20 Section 94.204;
8-21 (9) the manufactured home community rules or a
8-22 statement that the rules are incorporated into the lease agreement
8-23 by reference and a description of the procedures for amending the
8-24 rules;
8-25 (10) a prominent disclosure informing the tenant that
8-26 Chapter 94, Property Code, governs certain rights granted to the
8-27 tenant and obligations imposed on the landlord by law;
9-1 (11) if there is a temporary zoning permit for the
9-2 land use of the manufactured home community, the date the zoning
9-3 permit expires;
9-4 (12) a disclosure of any addendum to the lease
9-5 agreement that will be incorporated by reference relating to the
9-6 submetering of utility services; and
9-7 (13) any other terms or conditions of occupancy.
9-8 (d) A prospective tenant must disclose to the landlord
9-9 before executing a lease the name and address of each person who
9-10 holds a lien on the prospective tenant's manufactured home.
9-11 Sec. 94.054. RENEWAL OF LEASE. (a) At the expiration of a
9-12 lease agreement, the agreement is automatically renewed for the
9-13 same lease period and under the same terms as the previous lease
9-14 agreement unless:
9-15 (1) the tenant notifies the landlord not later than
9-16 the 30th day before the date the lease agreement terminates that
9-17 the tenant intends to surrender the manufactured home lot; or
9-18 (2) the landlord changes the lease terms as provided
9-19 by this section.
9-20 (b) Not later than the 30th day before the date the lease
9-21 agreement terminates, the landlord shall offer the tenant a renewal
9-22 lease agreement. The renewal offer must disclose the proposed
9-23 rental amount and any other change in the lease terms.
9-24 (c) If a renewal lease agreement has not been executed on or
9-25 before the date of the expiration of a lease agreement, the tenancy
9-26 becomes a month-to-month tenancy subject to Chapter 91.
9-27 Sec. 94.055. PENALTY FOR LATE PAYMENT. A landlord may
10-1 assess a penalty for late payment of rent or another fee or charge
10-2 if the payment is not remitted on or before the date the payment is
10-3 due.
10-4 Sec. 94.056. ASSIGNMENT OF LEASE AND SUBLEASE. (a) The
10-5 landlord may prohibit the assignment of a lease agreement and any
10-6 sublease of the manufactured home lot.
10-7 (b) If the landlord allows the assignment of the lease
10-8 agreement or sublease of the manufactured home lot, the lease
10-9 agreement must specify the conditions under which the assignment or
10-10 sublease can be made.
10-11 (Sections 94.057-94.100 reserved for expansion
10-12 SUBCHAPTER C. SECURITY DEPOSIT
10-13 Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security
10-14 deposit" means any advance of money, other than a rental
10-15 application deposit or an advance payment of rent, that is intended
10-16 primarily to secure performance under a lease of a lot in a
10-17 manufactured home community that has been entered into by a
10-18 landlord and a tenant. The term does not include any other
10-19 specific fee or charge expressly provided for in the lease
10-20 agreement.
10-21 Sec. 94.102. SECURITY DEPOSIT PERMITTED. (a) At the time
10-22 the tenant executes the initial lease agreement, the landlord may
10-23 require a security deposit that does not exceed the amount of four
10-24 months' rent under the lease agreement.
10-25 (b) The landlord shall keep accurate records relating to
10-26 security deposits.
10-27 Sec. 94.103. OBLIGATION TO REFUND. (a) Except as provided
11-1 by this subchapter, the landlord shall refund the security deposit
11-2 not later than the 30th day after the date the tenant surrenders
11-3 the manufactured home lot. The refund shall be mailed to the
11-4 tenant at an address specified by the tenant.
11-5 (b) A requirement that a tenant give advance notice of
11-6 surrender of the manufactured home lot as a condition for refunding
11-7 the security deposit is effective only if the requirement is
11-8 underlined or is printed in conspicuous bold print in the lease.
11-9 (c) The tenant's claim to the security deposit takes
11-10 priority over the claim of any creditor of the landlord, including
11-11 a trustee in bankruptcy.
11-12 Sec. 94.104. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR
11-13 RENT PREPAYMENT. (a) Except as provided by Subsection (b), a
11-14 landlord who receives a security deposit or rent prepayment for a
11-15 manufactured home lot from a tenant who fails to occupy the lot
11-16 according to a lease agreement between the landlord and the tenant
11-17 may not retain the security deposit or rent prepayment if:
11-18 (1) the tenant secures a replacement tenant
11-19 satisfactory to the landlord and the replacement tenant occupies
11-20 the lot on or before the commencement date of the lease; or
11-21 (2) the landlord secures a replacement tenant
11-22 satisfactory to the landlord and the replacement tenant occupies
11-23 the lot on or before the commencement date of the lease.
11-24 (b) If the landlord secures the replacement tenant, the
11-25 landlord may retain and deduct from the security deposit or rent
11-26 prepayment either:
11-27 (1) an amount agreed to in the lease agreement as a
12-1 lease cancellation fee; or
12-2 (2) actual expenses incurred by the landlord in
12-3 securing the replacement tenant, including a reasonable amount for
12-4 the time spent by the landlord in securing the replacement tenant.
12-5 Sec. 94.105. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a)
12-6 Before returning a security deposit, the landlord may deduct from
12-7 the deposit damages and charges for which the tenant is legally
12-8 liable under the lease agreement or as a result of breaching the
12-9 lease.
12-10 (b) The landlord may not retain any portion of a security
12-11 deposit to cover normal wear and tear.
12-12 (c) If the landlord retains all or part of a security
12-13 deposit under this section, the landlord shall give to the tenant
12-14 the balance of the security deposit, if any, together with a
12-15 written description and itemized list of all deductions. The
12-16 landlord is not required to give the tenant a description and
12-17 itemized list of deductions if:
12-18 (1) the tenant owes rent when the tenant surrenders
12-19 possession of the manufactured home lot; and
12-20 (2) no controversy exists concerning the amount of
12-21 rent owed.
12-22 Sec. 94.106. LIABILITY OF LANDLORD. (a) A landlord who in
12-23 bad faith retains a security deposit in violation of this
12-24 subchapter is liable for an amount equal to $100, three times the
12-25 portion of the deposit wrongfully witheld, and the tenant's
12-26 reasonable attorney's fees in a suit to recover the deposit.
12-27 (b) A landlord who in bad faith does not provide a written
13-1 description and itemized list of damages and charges in violation
13-2 of this subchapter:
13-3 (1) forfeits the right to withhold any portion of the
13-4 security deposit or to file an action against the tenant for damage
13-5 to the manufactured home lot; and
13-6 (2) is liable for the tenant's reasonable attorney's
13-7 fees in an action to recover the deposit.
13-8 (c) In an action brought by a tenant under this subchapter,
13-9 the landlord has the burden of proving that the retention of any
13-10 portion of the security deposit was reasonable.
13-11 (d) A landlord who fails either to return a security deposit
13-12 or to provide a written description and itemization of deductions
13-13 on or before the 30th day after the date the tenant surrenders
13-14 possession of the manufactured home lot is presumed to have acted
13-15 in bad faith. Possession is deemed to be surrendered on the day
13-16 following the date on which the tenant has removed all personal
13-17 property from the manufactured home lot.
13-18 Sec. 94.107. LIABILITY FOR WITHOLDING LAST MONTH'S RENT. (a)
13-19 The tenant may not withhold payment of any portion of the last
13-20 month's rent on grounds that the security deposit is security for
13-21 unpaid rent.
13-22 (b) A tenant who violates this section is presumed to have
13-23 acted in bad faith. A tenant who violates this section is liable
13-24 to the landlord for an amount equal to three times the rent
13-25 wrongfully withheld and the landlord's reasonable attorney's fees
13-26 in an action to recover the rent.
13-27 Sec. 94.108. TENANT'S FORWARDING ADDRESS. (a) The landlord
14-1 is not obligated to return a tenant's security deposit or give the
14-2 tenant a written description of damages and charges until the
14-3 tenant gives the landlord a written statement of the tenant's
14-4 forwarding address for the purpose of refunding the security
14-5 deposit.
14-6 (b) A tenant who fails to give a forwarding address to the
14-7 landlord does not forfeit the right to a refund of the security
14-8 deposit or the right to receive a description of damages and
14-9 charges.
14-10 (Sections 94.109-94.150 reserved for expansion
14-11 SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS
14-12 Sec. 94.151. LANDLORD'S MAINTENANCE OBLIGATIONS. The
14-13 landlord shall:
14-14 (1) maintain any common areas of the manufactured home
14-15 community in a clean and useable condition;
14-16 (2) maintain all utility lines installed in the
14-17 manufactured home community by the landlord that are not maintained
14-18 by a municipality, public utility, or other political subdivision;
14-19 (3) maintain individual mailboxes for the tenants in
14-20 accordance with United States Postal Service regulations unless
14-21 mailboxes are permitted to be located on the tenant's manufactured
14-22 home lot; and
14-23 (4) maintain roads in the manufactured home community
14-24 in a manner that provides access to each tenant's manufactured home
14-25 lot.
14-26 (Sections 94.152-94.200 reserved for expansion
14-27 SUBCHAPTER E. TERMINATION, EVICTION,
15-1 AND FORECLOSURE
15-2 Sec. 94.201. LANDLORD'S REMEDY FOR EARLY TERMINATION. (a)
15-3 Except as provided by Subsection (b), the maximum amount a landlord
15-4 may recover as damages for a tenant's early termination of a lease
15-5 agreement is an amount equal to four months' rent.
15-6 (b) If the tenant's manufactured home lot is reoccupied
15-7 before the 21st day after the date the tenant surrenders the lot,
15-8 the maximum amount the landlord may obtain as damages is an amount
15-9 equal to one month's rent.
15-10 Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A
15-11 landlord has a duty to mitigate damages if a tenant vacates the
15-12 manufactured home lot before the end of the lease term.
15-13 (b) A provision of a lease agreement that purports to waive
15-14 a right or to exempt a landlord from a liability or duty under this
15-15 section is void.
15-16 Sec. 94.203. EVICTION PROCEDURES GENERALLY. (a) A landlord
15-17 may prevent a tenant from entering the manufactured home lot, evict
15-18 a tenant, or require the removal of a manufactured home from the
15-19 manufactured home lot only after obtaining a writ of possession
15-20 under Chapter 24.
15-21 (b) If the court finds that the landlord initiated the
15-22 eviction proceeding to retaliate against the tenant in violation of
15-23 Section 94.251, the court may not approve the eviction of the
15-24 tenant.
15-25 (c) Notwithstanding other law, a court may not issue a writ
15-26 of possession in favor of a landlord before the 30th day after the
15-27 date the judgment for possession is rendered provided that the rent
16-1 has been paid for the 30-day period. If the rent has not been paid
16-2 for the 30-day period, a court may issue a writ of possession under
16-3 Chapter 24.
16-4 (d) Not later than the 10th day after the date a judgment
16-5 for possession is rendered in favor of the landlord, the landlord
16-6 shall send written notice that the judgment has been rendered to
16-7 the tenant or to the owner of the manufactured home if the tenant
16-8 is not the owner and if the landlord is given written notice of the
16-9 owner's name and address.
16-10 (e) If, after executing a writ of possession for the
16-11 manufactured home lot, the landlord removes the manufactured home
16-12 from the lot, the landlord not later than the 10th day after the
16-13 date the manufactured home is removed shall send a written notice
16-14 regarding the location of the manufactured home to the tenant at
16-15 the tenant's most recent mailing address as reflected in the
16-16 landlord's records and, if different, to the owner if the landlord
16-17 is given written notice of the owner's name and address.
16-18 (f) If the tenant has disclosed a lienholder of the
16-19 manufactured home, the landlord shall give written notice to the
16-20 lienholder not later than the third day after the date on which an
16-21 application or petition for judgment for possession is filed.
16-22 Sec. 94.204. TERMINATION FOR CHANGE IN LAND USE. (a) A
16-23 landlord may terminate a lease agreement to change the manufactured
16-24 home community's land use only if:
16-25 (1) not later than the 90th day before the date the
16-26 land use changes, the landlord sends notice to the tenant and, if
16-27 different, to the owner of the manufactured home:
17-1 (A) specifying the date that the land use will
17-2 change; and
17-3 (B) informing the tenant, owner, and any
17-4 lienholder that the owner must relocate the manufactured home; and
17-5 (2) not later than the 90th day before the date the
17-6 land use changes, the landlord posts in a conspicuous place in the
17-7 manufactured home community a notice stating that the land use will
17-8 change and specifying the date that the land use will change.
17-9 (b) The landlord is required to give to the owner of the
17-10 manufactured home and any lienholder notice under Subsection (a)(1)
17-11 only if the landlord is given written notice of the name and
17-12 address of the owner and lienholder.
17-13 Sec. 94.205. TERMINATION AND EVICTION FOR VIOLATION OF
17-14 LEASE. A landlord may terminate the lease agreement and evict a
17-15 tenant for a violation of a lease provision, including a
17-16 manufactured home community rule incorporated in the lease.
17-17 Sec. 94.206. TERMINATION AND EVICTION FOR NONPAYMENT. (a)
17-18 A landlord may terminate the lease agreement and evict a tenant if:
17-19 (1) the tenant fails to pay any charge, fee, rent
17-20 including a late charge, or any submetered utility charge;
17-21 (2) the landlord notifies the tenant in writing that
17-22 the charge, fee, rent, or any submetered utility charge is
17-23 delinquent; and
17-24 (3) the tenant has not tendered the delinquent payment
17-25 in full to the landlord before the 10th day after the date the
17-26 tenant receives the notice.
17-27 (b) A payment made by a tenant to a landlord must be
18-1 attributed first to any fee or charge, including a late charge,
18-2 then to rental payments due, and then to any submetered utility
18-3 charge.
18-4 Sec. 94.207. EVICTION WITHOUT CAUSE. Notwithstanding any
18-5 other provision of this subchapter, a tenant may be evicted without
18-6 cause provided that the landlord gives the tenant notice in writing
18-7 not later than the 60th day before the date a writ of possession is
18-8 granted.
18-9 (Sections 94.208-94.250 reserved for expansion
18-10 SUBCHAPTER F. PROHIBITED ACTS
18-11 Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may
18-12 not retaliate against a tenant by taking an action described by
18-13 Subsection (b) because the tenant:
18-14 (1) in good faith exercises or attempts to exercise
18-15 against a landlord a right or remedy granted to the tenant by the
18-16 lease agreement or a federal or state statute; or
18-17 (2) complains to a governmental entity responsible for
18-18 enforcing building or housing codes, a public utility, or a civic
18-19 or nonprofit agency, and the tenant:
18-20 (A) claims a building or housing code violation
18-21 or utility problem; and
18-22 (B) believes in good faith that the complaint is
18-23 valid and that the violation or problem occurred.
18-24 (b) A landlord may not, within six months after the date of
18-25 the tenant's action under Subsection (a), retaliate against the
18-26 tenant by:
18-27 (1) filing an eviction proceeding, except for the
19-1 grounds stated by Subchapter E;
19-2 (2) depriving the tenant of the use of the premises,
19-3 except for reasons authorized by law;
19-4 (3) decreasing services to the tenant unless:
19-5 (A) the decrease in services is part of a
19-6 pattern of service reductions in the entire manufactured home
19-7 community;
19-8 (B) the decrease in services results from the
19-9 failure to pay submetered utility charges; or
19-10 (C) the decrease in services is authorized by
19-11 Section 92.008;
19-12 (4) increasing the tenant's rent or terminating the
19-13 tenant's lease agreement unless the tenant's lease term expires
19-14 during the six-month period; or
19-15 (5) engaging, in bad faith, in a course of conduct
19-16 that materially interferes with the tenant's rights under the
19-17 tenant's lease agreement.
19-18 Sec. 94.252. SALE OF MANUFACTURED HOME IN PLACE. (a) Unless
19-19 expressly prohibited by the lease agreement, an owner may sell a
19-20 manufactured home located on the manufactured home lot if the
19-21 purchaser is approved by the landlord, a new lease agreement is
19-22 signed by the purchaser, and the manufactured home meets the
19-23 standards required by the manufactured home community rules.
19-24 (b) Unless the owner has agreed in writing, the landlord may
19-25 not:
19-26 (1) require the owner to contract with the landlord to
19-27 act as agent or broker; or
20-1 (2) require the owner to pay a commission or fee from
20-2 the sale of the manufactured home.
20-3 (Sections 94.253-94.300 reserved for expansion
20-4 SUBCHAPTER G. REMEDIES
20-5 Sec. 94.301. TENANT'S REMEDIES. A tenant may recover from a
20-6 landlord who violates this chapter:
20-7 (1) actual damages;
20-8 (2) a civil penalty in an amount equal to two months'
20-9 rent and $500; and
20-10 (3) reasonable attorney's fees and costs.
20-11 Sec. 94.302. LANDLORD'S REMEDIES. If the court finds that a
20-12 tenant filed or prosecuted a suit under this chapter in bad faith
20-13 or for purposes of harassment, the court shall award the landlord:
20-14 (1) an amount equal to two months' rent and $500; and
20-15 (2) reasonable attorney's fees and costs associated
20-16 with defending the action.
20-17 Sec. 94.303. CUMULATIVE REMEDIES. The provisions of this
20-18 chapter are not exclusive and are in addition to any other
20-19 procedure or remedy provided by other law.
20-20 SECTION 2. This Act takes effect September 1, 2002.
20-21 SECTION 3. The changes in law made by Chapter 94, Property
20-22 Code, as added by this Act, apply only to a lease agreement entered
20-23 into on or after the effective date of this Act. A lease agreement
20-24 entered into before the effective date of this Act is governed by
20-25 the law in effect when the lease agreement was entered into, and
20-26 the former law is continued in effect for that purpose.