Mobile Home Parks & the Landlord-Tenant Act in Texas
Generally, most states' landlord and tenant laws governing residential transactions will apply to mobile home rentals if tenants are renting the lot and the mobile home from their park owners. When mobile home tenants own their homes but lease the lot or land, however, they are typically subject to a different set of landlord and tenant regulations.
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Leases
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The Texas Property Code Section 94.002 governs the relationship between mobile park owner-landlords and their tenants who own their mobile homes but lease space. Park owners must offer initial lease terms of at least six months. Landlords and their tenants can opt to shorten or extend the initial lease term by mutual written agreement. Their landlords, or the mobile park owners, must provide at least 60 days written notice of their intent to not renew their lease after the agreement expires. However, they must provide at least 180 days written notice of their intent to not renew their lease if it's due to a change in land use.
Disclosures
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Under the Texas Property Code, landlords must use written lease agreements signed by both parties. Landlords must provide each of their tenants with a copy of the signed lease and a copy of the community rules. Their leases must disclose the rent amount, lease term, when payments are due, the lot address, any assigned parking spaces, late fees, telephone numbers and emergency contact information for property managers.
Landlords must also provide written disclosures in their leases outlining their legal duties and grounds for eviction. They must disclose how they apportion utility services between tenants and any temporary zoning permit information. The Texas Property Code also requires landlords to disclose rent increase procedures and obtain initials next to those provisions. Tenants also have legal obligations to disclose lien information filed on their homes.
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Right of Entry and Rent Payments
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The Texas Property Code allows landlords to enter their tenants' homes only with permission and written consent. Tenants who previously provided written consent can revoke their consent in writing. However, landlords can enter their homes during emergencies or when tenants abandon their property. Landlords have a right to refuse cash rent payments from their tenants if their leases require payment by negotiable instrument. If a landlord accepts cash rent payments, he must provide written receipts and keep a cash ledger recording the transaction.
Security Deposits
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Landlords in mobile home parks can demand security deposits from their tenants. They must return any remaining fees within 30 days of vacancy. Under Texas law, landlords that use forfeiture clauses must disclose their rights in bold print in their leases. Forfeiture clauses allow landlords to use security deposits for early termination. They must also provide their tenants with a written itemization outlining deductions within 30 days and return any remaining rent. However, according to the Texas Property Code, a landlord does not have to provide a written itemization if his tenant owes rent, and there is no dispute as to the amount owed.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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References
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