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.