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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and certain restrictions regarding the |
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nonrenewal of lease agreements in manufactured home communities; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 94.051, Property Code, is amended to |
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read as follows: |
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Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE |
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TENANT. At the time the landlord receives an application from a |
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prospective tenant, the landlord shall give the tenant a copy of: |
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(1) the proposed lease agreement for the manufactured |
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home community; |
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(2) any manufactured home community rules; and |
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(3) a separate disclosure statement with the following |
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prominently printed in at least 10-point type: |
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"You have the legal right to an initial lease term of six |
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months. If you prefer a different lease period, you and your |
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landlord may negotiate a shorter or longer lease period. After the |
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initial lease period expires, you and your landlord may negotiate a |
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new lease term by mutual agreement. Your landlord must offer to |
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renew your lease unless you have violated the terms of your expired |
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lease agreement. Regardless of the term of the lease, if the |
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recreational vehicle is tied to, affixed, or otherwise a permanent |
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part of the premises, the landlord must give you at least 60 days' |
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notice if the landlord will not renew your lease and will require |
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that you relocate your manufactured home or recreational vehicle. |
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During the 60-day period, you must continue to pay all rent and |
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other amounts due under the lease agreement, including late |
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charges, if any." |
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SECTION 2. Subsection (b), Section 94.052, Property Code, |
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is amended to read as follows: |
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(b) Except as provided by Section 94.204, regardless |
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[Regardless] of the term of the lease, the landlord must provide |
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notice to the tenant not later than the 60th day before the date of |
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the expiration of the lease if the landlord chooses [does] not to |
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renew the lease for good cause under Section 94.207. During the |
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60-day period, the tenant must pay all rent and other amounts due |
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under the lease agreement, including late charges, if any. |
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SECTION 3. Subsection (c), Section 94.053, Property Code, |
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is amended to read as follows: |
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(c) A lease agreement must contain the following |
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information: |
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(1) the address or number of the manufactured home lot |
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and the number and location of any accompanying parking spaces; |
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(2) the lease term; |
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(3) the rental amount; |
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(4) the interval at which rent must be paid and the |
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date on which periodic rental payments are due; |
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(5) any late charge or fee or charge for any service or |
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facility; |
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(6) the amount of any security deposit; |
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(7) a description of the landlord's maintenance |
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responsibilities; |
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(8) the telephone number of the person who may be |
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contacted for emergency maintenance; |
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(9) the name and address of the person designated to |
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accept official notices for the landlord; |
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(10) the penalty the landlord may impose for the |
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tenant's early termination as provided by Section 94.201; |
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(11) the grounds for eviction as provided by |
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Subchapter E, including the requirement that good cause is required |
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for termination or nonrenewal of the lease; |
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(12) a disclosure of the landlord's right to refuse to |
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renew [terminate] the lease agreement if there is a change in the |
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land use of the manufactured home community [during the lease term] |
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as provided by Section 94.204; |
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(13) a disclosure of any incorporation by reference of |
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an addendum relating to submetering of utility services; |
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(14) a prominent disclosure informing the tenant that |
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Chapter 94, Property Code, governs certain rights granted to the |
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tenant and obligations imposed on the landlord by law; |
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(15) if there is a temporary zoning permit for the land |
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use of the manufactured home community, the date the zoning permit |
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expires; and |
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(16) any other terms or conditions of occupancy not |
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expressly included in the manufactured home community rules. |
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SECTION 4. Section 94.055, Property Code, is amended to |
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read as follows: |
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Sec. 94.055. NOTICE OF LEASE RENEWAL. (a) The landlord |
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shall provide a tenant [a notice to vacate the leased premises or] |
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an offer of lease renewal[:
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[(1)] not later than the 60th day before the date the |
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current lease term expires[; or
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[(2)if the lease is a month-to-month lease, not later
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[than the 60th day before the date the landlord intends to
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[terminate the current term of the lease]. |
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(b) The [If the landlord offers to renew the lease, the] |
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landlord shall notify the tenant of the proposed rent amount and any |
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change in the lease terms. The notice must also include a statement |
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informing the tenant that the tenant's failure to reject the |
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landlord's offer to renew the lease within the 30-day period |
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prescribed by Subsection (c) will result in the renewal of the lease |
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under the modified terms as provided by Subsection (c). |
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(c) The [If the landlord offers to renew the lease, the] |
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tenant must notify the landlord not later than the 30th day before |
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the date the current lease expires whether the tenant rejects the |
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terms of the offer and intends to vacate the leased premises on the |
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date the current lease term expires. If the tenant fails to provide |
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the notice within the period prescribed by this subsection, the |
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lease is renewed under the modified terms beginning on the first day |
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after the date of the expiration of the current lease term. |
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[(d) Notwithstanding Subsection (a), the landlord may
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request a tenant to vacate the leased premises before the end of the
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notice period prescribed by Subsection (a) only if the landlord
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compensates the tenant in advance for relocation expenses,
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including the cost of moving and installing the manufactured home
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at a new location.] |
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SECTION 5. The heading to Section 94.204, Property Code, is |
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amended to read as follows: |
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Sec. 94.204. NONRENEWAL OF LEASE [TERMINATION] FOR CHANGE |
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IN LAND USE. |
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SECTION 6. Section 94.204, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A landlord may refuse to renew [terminate] a lease |
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agreement to change the manufactured home community's land use only |
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if not later than the 120th day before the date the land use will |
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change or the 30th day after the date the landlord learns the land |
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use will change, whichever is earlier: |
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(1) [not later than the 120th day before the date the
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land use changes,] the landlord sends notice to the tenant, to the |
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owner of the manufactured home if the owner is not the tenant, and |
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to the holder of any lien on the manufactured home: |
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(A) specifying the date that the land use will |
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change; and |
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(B) informing the tenant, owner, and lienholder, |
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if any, that the owner must relocate the manufactured home; and |
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(2) [not later than the 120th day before the date the
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land use changes,] the landlord posts in a conspicuous place in the |
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manufactured home community a notice stating that the land use will |
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change and specifying the date that the land use will change. |
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(c) This section does not authorize a landlord to change the |
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land use, terminate or modify a lease, or require an owner to |
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relocate a manufactured home prior to the expiration of a lease |
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term. |
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SECTION 7. Section 94.205, Property Code, is amended to |
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read as follows: |
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Sec. 94.205. TERMINATION AND EVICTION OR NONRENEWAL FOR |
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VIOLATION OF LEASE. A landlord may terminate the lease agreement |
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and evict a tenant or may choose not to renew the tenant's lease for |
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a serious violation of a lease provision, including a manufactured |
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home community rule incorporated in the lease, or other good cause. |
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SECTION 8. Section 94.206, Property Code, is amended to |
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read as follows: |
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Sec. 94.206. TERMINATION AND EVICTION OR NONRENEWAL FOR |
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NONPAYMENT OF RENT. A landlord may terminate the lease agreement |
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and evict a tenant or may choose not to renew the tenant's lease if: |
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(1) the tenant fails to timely pay rent or other |
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amounts due under the lease that in the aggregate equal the amount |
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of at least one month's rent; |
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(2) the landlord notifies the tenant in writing that |
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the payment is delinquent; and |
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(3) the tenant has not tendered the delinquent payment |
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in full to the landlord before the 10th day after the date the |
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tenant receives the notice. |
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SECTION 9. Subchapter E, Chapter 94, Property Code, is |
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amended by adding Section 94.207 to read as follows: |
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Sec. 94.207. FAILURE TO RENEW LEASE PROHIBITED WITHOUT GOOD |
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CAUSE. (a) A landlord may choose not to renew a lease only for |
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good cause. Good cause includes a violation under Section 94.205 or |
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94.206. |
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(b) A provision of an agreement that purports to waive a |
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right or exempt a party from liability or a duty under this section |
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is void. |
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SECTION 10. The change in law made by this Act applies to a |
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landlord who chooses not to renew a lease agreement on or after the |
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effective date of this Act, regardless of when the lease agreement |
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was entered into or signed. |
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SECTION 11. This Act takes effect September 1, 2007. |