PROPERTY CODE
CHAPTER 94. MANUFACTURED HOME TENANCIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 94.001. DEFINITIONS. In this chapter:
(1) "Landlord" means the owner or manager of a
manufactured home community and includes an employee or agent of
the landlord.
(2) "Lease agreement" means a written agreement
between a landlord and a tenant that establishes the terms,
conditions, and other provisions for placing a manufactured home on
the premises of a manufactured home community.
(3) "Manufactured home" has the meaning assigned by
Section 1201.003, Occupations Code, and for purposes of this
chapter, a reference to a manufactured home includes a recreational
vehicle.
(4) "Manufactured home community" means a parcel of
land on which four or more lots are offered for lease for installing
and occupying manufactured homes.
(5) "Manufactured home community rules" means the
rules provided in a written document that establish the policies
and regulations of the manufactured home community, including
regulations relating to the use, occupancy, and quiet enjoyment of
and the health, safety, and welfare of tenants of the manufactured
home community.
(6) "Manufactured home lot" means the space allocated
in the lease agreement for the placement of the tenant's
manufactured home and the area adjacent to that space designated in
the lease agreement for the tenant's exclusive use.
(7) "Normal wear and tear" means deterioration that
results from intended use of the premises, including breakage or
malfunction due to age or deteriorated condition, but the term does
not include deterioration that results from negligence,
carelessness, accident, or abuse of the premises, equipment, or
chattels by the tenant, a member of the tenant's household, or a
guest or invitee of the tenant.
(8) "Park model unit" means a recreational vehicle
that is designed primarily as temporary living quarters for
recreation, camping, or seasonal use and that is built on a single
chassis, mounted on wheels, and has a gross trailer area not
exceeding 400 square feet in the set-up mode.
(9) "Premises" means a tenant's manufactured home lot,
any area or facility the lease authorizes the tenant to use, and the
appurtenances, grounds, and facilities held out for the use of
tenants generally.
(10) "Recreational vehicle" means a vehicle that is
primarily designed as a temporary living quarters for recreational
camping or travel use and that is permanently tied to, affixed, or
anchored to the premises as in the case of a park model unit.
(11) "Tenant" means a person who is:
(A) authorized by a lease agreement to occupy a
lot to the exclusion of others in a manufactured home community;
and
(B) obligated under the lease agreement to pay
rent, fees, and other charges.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
Amended by Acts 2003, 78th Leg., ch. 75, § 1, eff. May 16, 2003;
Acts 2003, 78th Leg., ch. 1276, § 14A.808, eff. Sept. 1, 2003.
§ 94.002. APPLICABILITY. (a) This chapter applies
only to the relationship between a landlord who leases property in a
manufactured home community and a tenant leasing property in the
manufactured home community for the purpose of situating a
manufactured home or a recreational vehicle on the property.
(b) This chapter does not apply to the relationship between:
(1) a landlord who owns a manufactured home and a
tenant who leases the manufactured home from the landlord;
(2) a landlord who leases property in a manufactured
home community and a tenant leasing property in the manufactured
home community for the placement of personal property to be used for
human habitation, excluding a manufactured home or a recreational
vehicle; or
(3) a landlord and an employee or an agent of the
landlord.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.003. WAIVER OF RIGHTS AND DUTIES. A provision in a
lease agreement or a manufactured home community rule that purports
to waive a right or to exempt a landlord or a tenant from a duty or
from liability under this chapter is void.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.004. LANDLORD'S RIGHT OF ENTRY. (a) Except as
provided by this chapter, the landlord may not enter a tenant's
manufactured home unless:
(1) the tenant is present and gives consent; or
(2) the tenant has previously given written consent.
(b) The written consent under Subsection (a)(2) must
specify the date and time entry is permitted and is valid only for
the date and time specified. The tenant may revoke the consent
without penalty at any time by notifying the landlord in writing
that the consent has been revoked.
(c) The landlord may enter the tenant's manufactured home in
a reasonable manner and at a reasonable time if:
(1) an emergency exists; or
(2) the tenant abandons the manufactured home.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.005. COMMON AREA FACILITIES. Each common area
facility, if any, must be open or available to tenants. The
landlord shall post the hours of operation or availability of the
facility in a conspicuous place at the facility.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.006. TENANT MEETINGS. (a) Except as provided by
Subsection (b), a landlord may not interfere with meetings by
tenants of the manufactured home community related to manufactured
home living.
(b) Any limitations on meetings by tenants in the common
area facilities must be included in the manufactured home community
rules.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.007. CASH RENTAL PAYMENTS. (a) A landlord shall
accept a tenant's cash rental payment unless the lease agreement
requires the tenant to make rental payments by check, money order,
or other traceable or negotiable instrument.
(b) A landlord who receives a cash rental payment shall:
(1) provide the tenant with a written receipt; and
(2) enter the payment date and amount in a record book
maintained by the landlord.
(c) A tenant or a governmental entity or civic association
acting on the tenant's behalf may file suit against a landlord to
enjoin a violation of this section.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.008. MANUFACTURED HOME COMMUNITY RULES. (a) A
landlord may adopt manufactured home community rules that are not
arbitrary or capricious.
(b) Manufactured home community rules are considered part
of the lease agreement.
(c) The landlord may add to or amend manufactured home
community rules. If the landlord adds or amends a rule:
(1) the rule is not effective until the 30th day after
the date each tenant is provided with a written copy of the added or
amended rule; and
(2) if a tenant is required to take any action that
requires the expenditure of funds in excess of $25 to comply with
the rule, the landlord shall give the tenant at least 90 days after
the date each tenant is provided with a written copy of the added or
amended rule to comply with the rule.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.009. NOTICE TO TENANT AT PRIMARY
RESIDENCE. (a) If, at the time of signing a lease agreement or
lease renewal, a tenant gives written notice to the tenant's
landlord that the tenant does not occupy the manufactured home lot
as a primary residence and requests in writing that the landlord
send notices to the tenant at the tenant's primary residence and
provides to the landlord the address of the tenant's primary
residence, the landlord shall mail to the tenant's primary
residence all notices required by the lease agreement, by this
chapter, or by Chapter 24.
(b) The tenant shall notify the landlord in writing of any
change in the tenant's primary residence address. Oral notices of
change are insufficient.
(c) A notice to a tenant's primary residence under
Subsection (a) may be sent by regular United States mail and is
considered as having been given on the date of postmark of the
notice.
(d) If there is more than one tenant on a lease agreement,
the landlord is not required under this section to send notices to
the primary residence of more than one tenant.
(e) This section does not apply if notice is actually hand
delivered to and received by a person 16 years of age or older
occupying the leased premises.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.010. DISCLOSURE OF OWNERSHIP AND
MANAGEMENT. (a) A landlord shall disclose to a tenant, or to any
governmental official or employee acting in an official capacity,
according to this section:
(1) the name and either a street or post office box
address of the holder of record title, according to the deed records
in the county clerk's office, of the premises leased by the tenant
or inquired about by the governmental official or employee acting
in an official capacity; and
(2) if an entity located off-site from the
manufactured home community is primarily responsible for managing
the leased premises, the name and street address of that entity.
(b) Disclosure to a tenant under Subsection (a) must be made
by:
(1) giving the information in writing to the tenant on
or before the seventh day after the date the landlord receives the
tenant's written request for the information;
(2) continuously posting the information in a
conspicuous place in the manufactured home community or the office
of the on-site manager or on the outside of the entry door to the
office of the on-site manager on or before the seventh day after the
date the landlord receives the tenant's written request for the
information; or
(3) including the information in a copy of the tenant's
lease or in written manufactured home community rules given to the
tenant before the tenant requests the information.
(c) Disclosure of information to a tenant may be made under
Subsection (b)(1) or (2) before the tenant requests the
information.
(d) Disclosure of information to a governmental official or
employee must be made by giving the information in writing to the
official or employee on or before the seventh day after the date the
landlord receives a written request for the information from the
official or employee.
(e) A correction to the information may be made by any of the
methods authorized and must be made within the period prescribed by
this section for providing the information.
(f) For the purposes of this section, an owner or property
manager may disclose either an actual name or an assumed name if an
assumed name certificate has been recorded with the county clerk.
(g) A landlord who provides information under this section
violates this section if:
(1) the information becomes incorrect because a name
or address changes; and
(2) the landlord fails to correct the information
given to a tenant on or before the 15th day after the date the
information becomes incorrect.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.011. LANDLORD'S AGENT FOR SERVICE OF
PROCESS. (a) In a lawsuit by a tenant to enforce a legal
obligation of the owner as landlord of the manufactured home
community, the owner's agent for service of process is determined
according to this section.
(b) The owner's management company, on-site manager, or
rent collector for the manufactured home community is the owner's
authorized agent for service of process unless the owner's name and
business street address have been furnished in writing to the
tenant.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.012. VENUE. Venue for an action under this chapter
is governed by Section 15.0115, Civil Practice and Remedies Code.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
SUBCHAPTER B. LEASE AGREEMENT
§ 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE
TENANT. At the time the landlord receives an application from a
prospective tenant, the landlord shall give the tenant a copy of:
(1) the proposed lease agreement for the manufactured
home community;
(2) any manufactured home community rules; and
(3) a separate disclosure statement with the following
prominently printed in at least 10-point type:
"You have the legal right to an initial lease term of six
months. If you prefer a different lease period, you and your
landlord may negotiate a shorter or longer lease period. After the
initial lease period expires, you and your landlord may negotiate a
new lease term by mutual agreement. Regardless of the term of the
lease, if the recreational vehicle is tied to, affixed, or
otherwise a permanent part of the premises, the landlord must give
you at least 60 days' notice if the landlord will not renew your
lease and will require that you relocate your manufactured home or
recreational vehicle. During the 60-day period, you must continue
to pay all rent and other amounts due under the lease agreement,
including late charges, if any."
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
Amended by Acts 2003, 78th Leg., ch. 75, § 2, eff. May 16, 2003.
§ 94.052. TERM OF LEASE. (a) A landlord shall offer
the tenant a lease agreement with an initial lease term of at least
six months. If the tenant requests a lease agreement with a
different lease period, the landlord and the tenant may mutually
agree to a shorter or longer lease period. The landlord and the
tenant may mutually agree to subsequent lease periods of any length
for each renewal of the lease agreement.
(b) Regardless of the term of the lease, the landlord must
provide notice to the tenant not later than the 60th day before the
date of the expiration of the lease if the landlord does not renew
the lease. During the 60-day period, the tenant must pay all rent
and other amounts due under the lease agreement, including late
charges, if any.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.053. LEASE REQUIREMENTS AND DISCLOSURES. (a) A
lease agreement must be:
(1) typed or printed in legible handwriting; and
(2) signed by the landlord and the tenant.
(b) The landlord shall provide the tenant with a copy of the
lease agreement and a current copy of the manufactured home
community rules after the lease has been signed.
(c) A lease agreement must contain the following
information:
(1) the address or number of the manufactured home lot
and the number and location of any accompanying parking spaces;
(2) the lease term;
(3) the rental amount;
(4) the interval at which rent must be paid and the
date on which periodic rental payments are due;
(5) any late charge or fee or charge for any service or
facility;
(6) the amount of any security deposit;
(7) a description of the landlord's maintenance
responsibilities;
(8) the telephone number of the person who may be
contacted for emergency maintenance;
(9) the name and address of the person designated to
accept official notices for the landlord;
(10) the penalty the landlord may impose for the
tenant's early termination as provided by Section 94.201;
(11) the grounds for eviction as provided by
Subchapter E;
(12) a disclosure of the landlord's right to terminate
the lease agreement if there is a change in the land use of the
manufactured home community during the lease term as provided by
Section 94.204;
(13) a disclosure of any incorporation by reference of
an addendum relating to submetering of utility services;
(14) a prominent disclosure informing the tenant that
Chapter 94, Property Code, governs certain rights granted to the
tenant and obligations imposed on the landlord by law;
(15) if there is a temporary zoning permit for the land
use of the manufactured home community, the date the zoning permit
expires; and
(16) any other terms or conditions of occupancy not
expressly included in the manufactured home community rules.
(d) A lease provision requiring an increase in rent or in
fees or charges during the lease term must be initialed by the
tenant or the provision is void.
(e) Any illegal or unconscionable provision in a lease is
void. If a lease provision is determined void, the invalidity of
the provision does not affect other provisions of the lease that can
be given effect without reference to the invalid provision.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.054. DISCLOSURE BY TENANT REQUIRED. A tenant shall
disclose to the landlord before the lease agreement is signed the
name and address of any person who holds a lien on the tenant's
manufactured home.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.055. NOTICE OF LEASE RENEWAL. (a) The landlord
shall provide a tenant a notice to vacate the leased premises or an
offer of lease renewal:
(1) not later than the 60th day before the date the
current lease term expires; or
(2) if the lease is a month-to-month lease, not later
than the 60th day before the date the landlord intends to terminate
the current term of the lease.
(b) If the landlord offers to renew the lease, the landlord
shall notify the tenant of the proposed rent amount and any change
in the lease terms. The notice must also include a statement
informing the tenant that the tenant's failure to reject the
landlord's offer to renew the lease within the 30-day period
prescribed by Subsection (c) will result in the renewal of the lease
under the modified terms as provided by Subsection (c).
(c) If the landlord offers to renew the lease, the tenant
must notify the landlord not later than the 30th day before the date
the current lease expires whether the tenant rejects the terms of
the offer and intends to vacate the leased premises on the date the
current lease term expires. If the tenant fails to provide the
notice within the period prescribed by this subsection, the lease
is renewed under the modified terms beginning on the first day after
the date of the expiration of the current lease term.
(d) Notwithstanding Subsection (a), the landlord may
request a tenant to vacate the leased premises before the end of the
notice period prescribed by Subsection (a) only if the landlord
compensates the tenant in advance for relocation expenses,
including the cost of moving and installing the manufactured home
at a new location.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.056. PENALTY FOR LATE PAYMENT. A landlord may
assess a penalty for late payment of rent or another fee or charge
if the payment is not remitted on or before the date stipulated in
the lease agreement.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.057. ASSIGNMENT OF LEASE AND SUBLEASE. (a) A
landlord may prohibit a tenant from assigning a lease agreement or
subleasing the leased premises if the prohibition is included in
the lease agreement.
(b) If the landlord permits a tenant to assign a lease
agreement or sublease the leased premises, the lease agreement must
specify the conditions under which the tenant may enter into an
assignment or sublease agreement.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
SUBCHAPTER C. SECURITY DEPOSIT
§ 94.101. SECURITY DEPOSIT. In this chapter, "security
deposit" means any advance of money, other than a rental
application deposit or an advance payment of rent, that is intended
primarily to secure performance under a lease of a lot in a
manufactured home community that has been entered into by a
landlord and a tenant.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.102. SECURITY DEPOSIT PERMITTED. (a) At the time
the tenant executes the initial lease agreement, the landlord may
require a security deposit.
(b) The landlord shall keep accurate records relating to
security deposits.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.103. OBLIGATION TO REFUND. (a) Except as
provided by this subchapter, the landlord shall refund the security
deposit not later than the 30th day after the date the tenant
surrenders the manufactured home lot.
(b) A requirement that a tenant give advance notice of
surrender as a condition for refunding the security deposit is
effective only if the requirement is underlined or is printed in
conspicuous bold print in the lease.
(c) The tenant's claim to the security deposit takes
priority over the claim of any creditor of the landlord, including a
trustee in bankruptcy.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.104. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT
OR RENT PREPAYMENT. (a) Except as provided by Subsection (b), a
landlord who receives a security deposit or rent prepayment for a
manufactured home lot from a tenant who fails to occupy the lot
according to a lease agreement between the landlord and the tenant
may not retain the security deposit or rent prepayment if:
(1) the tenant secures a replacement tenant
satisfactory to the landlord and the replacement tenant occupies
the lot on or before the commencement date of the lease; or
(2) the landlord secures a replacement tenant
satisfactory to the landlord and the replacement tenant occupies
the lot on or before the commencement date of the lease.
(b) If the landlord secures the replacement tenant, the
landlord may retain and deduct from the security deposit or rent
prepayment either:
(1) an amount agreed to in the lease agreement as a
lease cancellation fee; or
(2) actual expenses incurred by the landlord in
securing the replacement tenant, including a reasonable amount for
the time spent by the landlord in securing the replacement tenant.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.105. RETENTION OF SECURITY DEPOSIT;
ACCOUNTING. (a) Before returning a security deposit, the
landlord may deduct from the deposit damages and charges for which
the tenant is legally liable under the lease agreement or as a
result of breaching the lease.
(b) The landlord may not retain any portion of a security
deposit to cover normal wear and tear.
(c) If the landlord retains all or part of a security
deposit under this section, the landlord shall give to the tenant
the balance of the security deposit, if any, together with a written
description and itemized list of all deductions. The landlord is
not required to give the tenant a description and itemized list of
deductions if:
(1) the tenant owes rent when the tenant surrenders
possession of the manufactured home lot; and
(2) no controversy exists concerning the amount of
rent owed.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.106. CESSATION OF OWNER'S INTEREST. (a) If the
owner's interest in the premises is terminated by sale, assignment,
death, appointment of a receiver, bankruptcy, or otherwise, the new
owner is liable for the return of security deposits according to
this subchapter from the date title to the premises is acquired,
regardless of whether notice is given to the tenant under
Subsection (b).
(b) The person who no longer owns an interest in the leased
premises remains liable for a security deposit received while the
person was the owner until the new owner delivers to the tenant a
signed statement acknowledging that the new owner has received and
is responsible for the tenant's security deposit and specifying the
exact dollar amount of the deposit.
(c) Subsection (a) does not apply to a real estate mortgage
lienholder who acquires title by foreclosure.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.107. TENANT'S FORWARDING ADDRESS. (a) A landlord
is not obligated to return a tenant's security deposit or give the
tenant a written description of damages and charges until the
tenant gives the landlord a written statement of the tenant's
forwarding address for the purpose of refunding the security
deposit.
(b) The tenant does not forfeit the right to a refund of the
security deposit or the right to receive a description of damages
and charges merely for failing to give a forwarding address to the
landlord.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.108. LIABILITY FOR WITHHOLDING LAST MONTH'S
RENT. (a) A tenant may not withhold payment of any portion of the
last month's rent on grounds that the security deposit is security
for unpaid rent.
(b) A tenant who violates this section is presumed to have
acted in bad faith. A tenant who in bad faith violates this section
is liable to the landlord for an amount equal to three times the
rent wrongfully withheld and the landlord's reasonable attorney's
fees in a suit to recover the rent.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.109. LIABILITY OF LANDLORD. (a) A landlord who in
bad faith retains a security deposit in violation of this
subchapter is liable for an amount equal to the sum of $100, three
times the portion of the deposit wrongfully withheld, and the
tenant's reasonable attorney's fees in a suit to recover the
deposit.
(b) A landlord who in bad faith does not provide a written
description and itemized list of damages and charges in violation
of this subchapter:
(1) forfeits the right to withhold any portion of the
security deposit or to bring suit against the tenant for damages to
the premises; and
(2) is liable for the tenant's reasonable attorney's
fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter,
the landlord has the burden of proving that the retention of any
portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit
or to provide a written description and itemization of deductions
on or before the 30th day after the date the tenant surrenders
possession is presumed to have acted in bad faith.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS
§ 94.151. WARRANTY OF SUITABILITY. By executing a lease
agreement, the landlord warrants that the manufactured home lot is
suitable for the installation of a manufactured home during the
term of the lease agreement.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.152. LANDLORD'S MAINTENANCE OBLIGATIONS. The
landlord shall:
(1) comply with any code, statute, ordinance, and
administrative rule applicable to the manufactured home community;
(2) maintain all common areas, if any, of the
manufactured home community in a clean and useable condition;
(3) maintain all utility lines installed in the
manufactured home community by the landlord unless the utility
lines are maintained by a public utility or political subdivision,
including a municipality;
(4) maintain individual mailboxes for the tenants in
accordance with United States Postal Service regulations unless
mailboxes are permitted to be located on the tenant's manufactured
home lot;
(5) maintain roads in the manufactured home community
to the extent necessary to provide access to each tenant's
manufactured home lot;
(6) provide services for the common collection and
removal of garbage and solid waste from within the manufactured
home community; and
(7) repair or remedy conditions on the premises that
materially affect the physical health or safety of an ordinary
tenant of the manufactured home community.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.153. LANDLORD'S REPAIR OBLIGATIONS. (a) This
section does not apply to a condition present in or on a tenant's
manufactured home.
(b) A landlord shall make a diligent effort to repair or
remedy a condition if:
(1) the tenant specifies the condition in a notice to
the person to whom or to the place at which rent is normally paid;
(2) the tenant is not delinquent in the payment of rent
at the time notice is given; and
(3) the condition materially affects the physical
health or safety of an ordinary tenant.
(c) Unless the condition was caused by normal wear and tear,
the landlord does not have a duty during the lease term or a renewal
or extension to repair or remedy a condition caused by:
(1) the tenant;
(2) a lawful occupant of the tenant's manufactured
home lot;
(3) a member of the tenant's family; or
(4) a guest or invitee of the tenant.
(d) This subchapter does not require the landlord:
(1) to furnish utilities from a utility company if as a
practical matter the utility lines of the company are not
reasonably available; or
(2) to furnish security guards.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.154. BURDEN OF PROOF. (a) Except as provided by
this section, the tenant has the burden of proof in a judicial
action to enforce a right resulting from the landlord's failure to
repair or remedy a condition under Section 94.153.
(b) If the landlord does not provide a written explanation
for delay in performing a duty to repair or remedy on or before the
fifth day after receiving from the tenant a written demand for an
explanation, the landlord has the burden of proving that the
landlord made a diligent effort to repair and that a reasonable time
for repair did not elapse.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.155. CASUALTY LOSS. (a) If a condition results
from an insured casualty loss, such as fire, smoke, hail,
explosion, or a similar cause, the period for repair does not begin
until the landlord receives the insurance proceeds.
(b) If after a casualty loss the leased premises are as a
practical matter totally unusable for the purposes for which the
premises were leased and if the casualty loss is not caused by the
negligence or fault of the tenant, a member of the tenant's family,
or a guest or invitee of the tenant, either the landlord or the
tenant may terminate the lease by giving written notice to the other
any time before repairs are completed. If the lease is terminated,
the tenant is entitled only to a pro rata refund of rent from the
date the tenant moves out and to a refund of any security deposit
otherwise required by law.
(c) If after a casualty loss the leased premises are
partially unusable for the purposes for which the premises were
leased and if the casualty loss is not caused by the negligence or
fault of the tenant, a member of the tenant's family, or a guest or
invitee of the tenant, the tenant is entitled to reduction in the
rent in an amount proportionate to the extent the premises are
unusable because of the casualty, but only on judgment of a county
or district court. A landlord and tenant may agree otherwise in a
written lease.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.156. LANDLORD LIABILITY AND TENANT REMEDIES;
NOTICE AND TIME FOR REPAIR. (a) A landlord's liability under this
section is subject to Section 94.153(c) regarding conditions that
are caused by a tenant.
(b) A landlord is liable to a tenant as provided by this
subchapter if:
(1) the tenant has given the landlord notice to repair
or remedy a condition by giving that notice to the person to whom or
to the place where the tenant's rent is normally paid;
(2) the condition materially affects the physical
health or safety of an ordinary tenant;
(3) the tenant has given the landlord a subsequent
written notice to repair or remedy the condition after a reasonable
time to repair or remedy the condition following the notice given
under Subdivision (1) or the tenant has given the notice under
Subdivision (1) by sending that notice by certified mail, return
receipt requested, or by registered mail;
(4) the landlord has had a reasonable time to repair or
remedy the condition after the landlord received the tenant's
notice under Subdivision (1) and, if applicable, the tenant's
subsequent notice under Subdivision (3);
(5) the landlord has not made a diligent effort to
repair or remedy the condition after the landlord received the
tenant's notice under Subdivision (1) and, if applicable, the
tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the payment of
rent at the time any notice required by this subsection was given.
(c) For purposes of Subsection (b)(4) or (5), a landlord is
considered to have received the tenant's notice when the landlord
or the landlord's agent or employee has actually received the
notice or when the United States Postal Service has attempted to
deliver the notice to the landlord.
(d) For purposes of Subsection (b)(3) or (4), in determining
whether a period of time is a reasonable time to repair or remedy a
condition, there is a rebuttable presumption that seven days is a
reasonable time. To rebut that presumption, the date on which the
landlord received the tenant's notice, the severity and nature of
the condition, and the reasonable availability of materials and
labor and of utilities from a utility company must be considered.
(e) Except as provided by Subsection (f), a tenant to whom a
landlord is liable under Subsection (b) may:
(1) terminate the lease;
(2) have the condition repaired or remedied according
to Section 94.157;
(3) deduct from the tenant's rent, without necessity
of judicial action, the cost of the repair or remedy according to
Section 94.157; and
(4) obtain judicial remedies according to Section
94.159.
(f) A tenant who elects to terminate the lease under
Subsection (e) is:
(1) entitled to a pro rata refund of rent from the date
of termination or the date the tenant moves out, whichever is later;
(2) entitled to deduct the tenant's security deposit
from the tenant's rent without necessity of lawsuit or to obtain a
refund of the tenant's security deposit according to law; and
(3) not entitled to the other repair and deduct
remedies under Section 94.157 or the judicial remedies under
Sections 94.159(a)(1) and (2).
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.157. TENANT'S REPAIR AND DEDUCT REMEDIES. (a) If
the landlord is liable to the tenant under Section 94.156(b), the
tenant may have the condition repaired or remedied and may deduct
the cost from a subsequent rent payment as provided by this section.
(b) Except as provided by this subsection, the tenant's
deduction for the cost of the repair or remedy may not exceed the
amount of one month's rent under the lease agreement or $500,
whichever is greater. If the tenant's rent is subsidized in whole
or in part by a governmental agency, the deduction limitation of one
month's rent means the fair market rent for the manufactured home
lot and not the rent that the tenant pays. The governmental agency
subsidizing the rent shall determine the fair market rent. If the
governmental agency does not make a determination, the fair market
rent means a reasonable amount of rent under the circumstances.
(c) Repairs and deductions under this section may be made as
often as necessary provided that the total repairs and deductions
in any one month may not exceed one month's rent or $500, whichever
is greater.
(d) Repairs under this section may be made only if all of the
following requirements are met:
(1) the landlord has a duty to repair or remedy the
condition under Section 94.153;
(2) the tenant has given notice to the landlord in the
same manner as prescribed by Section 92.056(b)(1) and, if required
under Section 92.056(b)(3), a subsequent notice in the same manner
as prescribed by that subsection; and
(3) any one of the following events has occurred:
(A) the landlord has failed to remedy the backup
or overflow of raw sewage inside the tenant's manufactured home
that results from a condition in the utility lines installed in the
manufactured home community by the landlord;
(B) the landlord has expressly or impliedly
agreed in the lease agreement to furnish potable water to the
tenant's manufactured home lot and the water service to the lot has
totally ceased; or
(C) the landlord has been notified in writing by
the appropriate local housing, building, or health official or
other official having jurisdiction that a condition existing on the
manufactured home lot materially affects the health or safety of an
ordinary tenant.
(e) At least one of the notices given under Subsection
(d)(2) must state that the tenant intends to repair or remedy the
condition. The notice must also contain a reasonable description
of the intended repair or remedy.
(f) If the requirements prescribed by Subsections (d) and
(e) are met, a tenant may:
(1) have the condition repaired or remedied
immediately following the tenant's notice of intent to repair if
the condition involves the backup or overflow of sewage;
(2) have the condition repaired or remedied if the
condition involves a cessation of potable water if the landlord has
failed to repair or remedy the condition before the fourth day after
the date the tenant delivers a notice of intent to repair; or
(3) have the condition repaired or remedied if the
condition is not covered by Subsection (d)(3)(A) or (B) and
involves a condition affecting the physical health or safety of the
ordinary tenant if the landlord has failed to repair or remedy the
condition before the eighth day after the date the tenant delivers a
notice of intent to repair.
(g) Repairs made based on a tenant's notice must be made by a
company, contractor, or repairman listed at the time of the
tenant's notice of intent to repair in the yellow or business pages
of the telephone directory or in the classified advertising section
of a newspaper of the municipality or county in which the
manufactured home community is located or in an adjacent county.
Unless the landlord and tenant agree otherwise under Subsection
(i), repairs may not be made by the tenant, the tenant's immediate
family, the tenant's employer or employees, or a company in which
the tenant has an ownership interest. Repairs may not be made to
the foundation or load-bearing structural elements of the
manufactured home lot.
(h) Repairs made based on a tenant's notice must comply with
applicable building codes, including any required building permit.
(i) A landlord and a tenant may mutually agree for the
tenant to repair or remedy, at the landlord's expense, any
condition on the manufactured home lot regardless of whether it
materially affects the health or safety of an ordinary tenant.
(j) The tenant may not contract for labor or materials in
excess of the amount the tenant may deduct under this section. The
landlord is not liable to repairmen, contractors, or material
suppliers who furnish labor or materials to repair or remedy the
condition. A repairman or supplier does not have a lien for
materials or services arising out of repairs contracted for by the
tenant under this section.
(k) When deducting the cost of repairs from the rent
payment, the tenant shall furnish the landlord, along with payment
of the balance of the rent, a copy of the repair bill and the receipt
for its payment. A repair bill and receipt may be the same
document.
(l) If the landlord repairs or remedies the condition after
the tenant has contacted a repairman but before the repairman
commences work, the landlord is liable for the cost incurred by the
tenant for the repairman's charge for traveling to the premises,
and the tenant may deduct the charge from the tenant's rent as if it
were a repair cost.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.158. LANDLORD AFFIDAVIT FOR DELAY. (a) The
tenant must delay contracting for repairs under Section 94.157 if,
before the tenant contracts for the repairs, the landlord delivers
to the tenant an affidavit signed and sworn to under oath by the
landlord or the landlord's authorized agent and complying with this
section.
(b) The affidavit must summarize the reasons for the delay
and the diligent efforts made by the landlord up to the date of the
affidavit to get the repairs done. The affidavit must state facts
showing that the landlord has made and is making diligent efforts to
repair the condition, and it must contain dates, names, addresses,
and telephone numbers of contractors, suppliers, and repairers
contacted by the owner.
(c) Affidavits under this section may delay repair by the
tenant for:
(1) 15 days if the landlord's failure to repair is
caused by a delay in obtaining necessary parts for which the
landlord is not at fault; or
(2) 30 days if the landlord's failure to repair is
caused by a general shortage of labor or materials for repair
following a natural disaster such as a hurricane, tornado, flood,
extended freeze, or widespread windstorm.
(d) Affidavits for delay based on grounds other than those
listed in Subsection (c) are unlawful and, if used, are of no
effect. The landlord may file subsequent affidavits, provided that
the total delay of the repair or remedy extends no longer than six
months from the date the landlord delivers the first affidavit to
the tenant.
(e) The affidavit must be delivered to the tenant by any of
the following methods:
(1) personal delivery to the tenant;
(2) certified mail, return receipt requested, to the
tenant; or
(3) leaving the notice securely fixed on the outside
of the main entry door of the manufactured home if notice in that
manner is authorized in a written lease.
(f) Affidavits for delay by a landlord under this section
must be submitted in good faith. Following delivery of the
affidavit, the landlord must continue diligent efforts to repair or
remedy the condition. There shall be a rebuttable presumption that
the landlord acted in good faith and with continued diligence for
the first affidavit for delay the landlord delivers to the tenant.
The landlord shall have the burden of pleading and proving good
faith and continued diligence for subsequent affidavits for delay.
A landlord who violates this section shall be liable to the tenant
for all judicial remedies under Section 94.159, except that the
civil penalty under Section 94.159(a)(3) shall be one month's rent
plus $1,000.
(g) If the landlord is liable to the tenant under Section
94.156 and if a new landlord, in good faith and without knowledge of
the tenant's notice of intent to repair, has acquired title to the
tenant's dwelling by foreclosure, deed in lieu of foreclosure, or
general warranty deed in a bona fide purchase, then the following
shall apply:
(1) The tenant's right to terminate the lease under
this subchapter shall not be affected, and the tenant shall have no
duty to give additional notice to the new landlord.
(2) The tenant's right to repair and deduct for
conditions involving sewage backup or overflow or a cutoff of
potable water under Section 94.157(f) shall not be affected, and
the tenant shall have no duty to give additional notice to the new
landlord.
(3) For conditions other than those specified in
Subdivision (2), if the new landlord acquires title as described by
this subsection and has notified the tenant of the name and address
of the new landlord or the new landlord's authorized agent and if
the tenant has not already contracted for the repair or remedy at
the time the tenant is so notified, the tenant must deliver to the
new landlord a written notice of intent to repair or remedy the
condition, and the new landlord shall have a reasonable time to
complete the repair before the tenant may repair or remedy the
condition. No further notice from the tenant is necessary in order
for the tenant to repair or remedy the condition after a reasonable
time has elapsed.
(4) The tenant's judicial remedies under Section
94.159 shall be limited to recovery against the landlord to whom the
tenant gave the required notices until the tenant has given the new
landlord the notices required by this section and otherwise
complied with Section 94.156 as to the new landlord.
(5) If the new landlord violates this subsection, the
new landlord is liable to the tenant for a civil penalty of one
month's rent plus $2,000, actual damages, and attorney's fees.
(6) No provision of this section shall affect any
right of a foreclosing superior lienholder to terminate, according
to law, any interest in the premises held by the holders of
subordinate liens, encumbrances, leases, or other interests and
shall not affect any right of the tenant to terminate the lease
according to law.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.159. TENANT'S JUDICIAL REMEDIES. (a) A tenant's
judicial remedies under Section 94.156 shall include:
(1) an order directing the landlord to take reasonable
action to repair or remedy the condition;
(2) an order reducing the tenant's rent, from the date
of the first repair notice, in proportion to the reduced rental
value resulting from the condition until the condition is repaired
or remedied;
(3) a judgment against the landlord for a civil
penalty of one month's rent plus $500;
(4) a judgment against the landlord for the amount of
the tenant's actual damages; and
(5) court costs and attorney's fees, excluding any
attorney's fees for a cause of action for damages relating to a
personal injury.
(b) A landlord who knowingly violates Section 94.003 by
contracting with a tenant to waive the landlord's duty to repair
under this subchapter shall be liable to the tenant for actual
damages, a civil penalty of one month's rent plus $2,000, and
reasonable attorney's fees. For purposes of this subsection, there
shall be a rebuttable presumption that the landlord acted without
knowledge of the violation. The tenant shall have the burden of
pleading and proving a knowing violation. If the lease is not in
violation of Section 94.003, the tenant's proof of a knowing
violation must be clear and convincing. A mutual agreement for
tenant repair under Section 94.157(i) is not a violation of Section
94.003.
(c) The justice, county, and district courts have
concurrent jurisdiction of an action under Subsection (a), except
that the justice court may not order repairs under Subsection
(a)(1).
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.160. LANDLORD REMEDY FOR TENANT
VIOLATION. (a) If a tenant withholds rent, causes repairs to be
performed, or makes rent deductions for repairs in violation of
this subchapter, the landlord may recover actual damages from the
tenant. If, after a landlord has notified a tenant in writing of
the illegality of the tenant's rent withholding or the tenant's
proposed repair and the penalties of this subchapter, the tenant
withholds rent, causes repairs to be performed, or makes rent
deductions for repairs in bad faith violation of this subchapter,
the landlord may recover from the tenant a civil penalty of one
month's rent plus $500.
(b) Notice under this section must be in writing and may be
given in person, by mail, or by delivery to the premises.
(c) The landlord has the burden of pleading and proving, by
clear and convincing evidence, that the landlord gave the tenant
the required notice of the illegality and the penalties and that the
tenant's violation was done in bad faith. In any litigation under
this subsection, the prevailing party shall recover reasonable
attorney's fees from the nonprevailing party.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.161. AGENTS FOR DELIVERY OF NOTICE. A managing
agent, leasing agent, or resident manager is the agent of the
landlord for purposes of notice and other communications required
or permitted by this subchapter.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.162. EFFECT ON OTHER RIGHTS. The duties of a
landlord and the remedies of a tenant under this subchapter are in
lieu of existing common law and other statutory law warranties and
duties of landlords for maintenance, repair, security,
suitability, and nonretaliation, and remedies of tenants for a
violation of those warranties and duties. Otherwise, this
subchapter does not affect any other right of a landlord or tenant
under contract, statutory law, or common law that is consistent
with the purposes of this subchapter or any right a landlord or
tenant may have to bring an action for personal injury or property
damage under the law of this state. This subchapter does not impose
obligations on a landlord or tenant other than those expressly
stated in this subchapter.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
SUBCHAPTER E. TERMINATION, EVICTION, AND FORECLOSURE
§ 94.201. LANDLORD'S REMEDY FOR EARLY
TERMINATION. (a) Except as provided by Subsection (b), the
maximum amount a landlord may recover as damages for a tenant's
early termination of a lease agreement is an amount equal to the
amount of rent that remains outstanding for the term of the lease
and any other amounts owed for the remainder of the lease under the
terms of the lease.
(b) If the tenant's manufactured home lot is reoccupied
before the 21st day after the date the tenant surrenders the lot,
the maximum amount the landlord may obtain as damages is an amount
equal to one month's rent.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A
landlord has a duty to mitigate damages if a tenant vacates the
manufactured home lot before the end of the lease term.
(b) A provision of a lease agreement that purports to waive
a right or to exempt a landlord from a liability or duty under this
section is void.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.203. EVICTION PROCEDURES GENERALLY. (a) A
landlord may prevent a tenant from entering the manufactured home
lot, evict a tenant, or require the removal of a manufactured home
from the manufactured home lot only after obtaining a writ of
possession under Chapter 24.
(b) If the tenant has disclosed the name of a lienholder as
provided by Section 94.054, the landlord shall give written notice
of eviction proceedings to the lienholder of the manufactured home
not later than the third day after the date the landlord files an
application or petition for a judgment for possession.
(c) If the court finds that the landlord initiated the
eviction proceeding to retaliate against the tenant in violation of
Section 94.251, the court may not approve the eviction of the
tenant.
(d) Notwithstanding other law, a court may not issue a writ
of possession in favor of a landlord before the 30th day after the
date the judgment for possession is rendered if the tenant has paid
the rent amount due under the lease for that 30-day period.
(e) The court shall notify a tenant in writing of a default
judgment for possession by sending a copy of the judgment to the
leased premises by first class mail not later than 48 hours after
the entry of the judgment. In addition, the court shall send a copy
of the judgment to the owner of the manufactured home if the tenant
is not the owner and to any person who holds a lien on the
manufactured home if the court has been notified in writing of the
name and address of the owner and lienholder.
(f) If, after executing a writ of possession for the
manufactured home lot, the landlord removes the manufactured home
from the lot, the landlord not later than the 10th day after the
date the manufactured home is removed shall send a written notice
regarding the location of the manufactured home to the tenant at the
tenant's most recent mailing address as reflected in the landlord's
records and, if different, to the owner if the landlord is given
written notice of the owner's name and address.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.204. TERMINATION FOR CHANGE IN LAND USE. (a) A
landlord may terminate a lease agreement to change the manufactured
home community's land use only if:
(1) not later than the 120th day before the date the
land use changes, the landlord sends notice to the tenant, to the
owner of the manufactured home if the owner is not the tenant, and
to the holder of any lien on the manufactured home:
(A) specifying the date that the land use will
change; and
(B) informing the tenant, owner, and lienholder,
if any, that the owner must relocate the manufactured home; and
(2) not later than the 120th day before the date the
land use changes, the landlord posts in a conspicuous place in the
manufactured home community a notice stating that the land use will
change and specifying the date that the land use will change.
(b) The landlord is required to give the owner and
lienholder, if any, of the manufactured home notice under
Subsection (a)(1) only if the landlord is given written notice of
the name and address of the owner and lienholder.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.205. TERMINATION AND EVICTION FOR VIOLATION OF
LEASE. A landlord may terminate the lease agreement and evict a
tenant for a violation of a lease provision, including a
manufactured home community rule incorporated in the lease.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.206. TERMINATION AND EVICTION FOR NONPAYMENT OF
RENT. A landlord may terminate the lease agreement and evict a
tenant if:
(1) the tenant fails to timely pay rent or other
amounts due under the lease that in the aggregate equal the amount
of at least one month's rent;
(2) the landlord notifies the tenant in writing that
the payment is delinquent; and
(3) the tenant has not tendered the delinquent payment
in full to the landlord before the 10th day after the date the
tenant receives the notice.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
SUBCHAPTER F. PROHIBITED ACTS
§ 94.251. RETALIATION BY LANDLORD. (a) A landlord may
not retaliate against a tenant by taking an action described by
Subsection (b) because the tenant:
(1) in good faith exercises or attempts to exercise
against a landlord a right or remedy granted to the tenant by the
lease agreement, a municipal ordinance, or a federal or state
statute;
(2) gives the landlord a notice to repair or exercise a
remedy under this chapter; or
(3) complains to a governmental entity responsible for
enforcing building or housing codes, a public utility, or a civic or
nonprofit agency, and the tenant:
(A) claims a building or housing code violation
or utility problem; and
(B) believes in good faith that the complaint is
valid and that the violation or problem occurred.
(b) A landlord may not, within six months after the date of
the tenant's action under Subsection (a), retaliate against the
tenant by:
(1) filing an eviction proceeding, except for the
grounds stated by Subchapter E;
(2) depriving the tenant of the use of the premises,
except for reasons authorized by law;
(3) decreasing services to the tenant;
(4) increasing the tenant's rent;
(5) terminating the tenant's lease agreement; or
(6) engaging, in bad faith, in a course of conduct that
materially interferes with the tenant's rights under the tenant's
lease agreement.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.252. RESTRICTION ON SALE OF MANUFACTURED
HOME. (a) The owner of a manufactured home may sell a home
located on the leased premises if:
(1) the purchaser is approved in writing by the
landlord; and
(2) a lease agreement is signed by the purchaser.
(b) Unless the owner of a manufactured home has agreed in
writing, the landlord may not:
(1) require the owner to contract with the landlord to
act as an agent or broker in selling the home; or
(2) require the owner to pay a commission or fee from
the sale of the home.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.253. NONRETALIATION. (a) A landlord is not
liable for retaliation under this subchapter if the landlord proves
that the action was not made for purposes of retaliation, nor is the
landlord liable, unless the action violates a prior court order
under Section 94.159, for:
(1) increasing rent under an escalation clause in a
written lease for utilities, taxes, or insurance; or
(2) increasing rent or reducing services as part of a
pattern of rent increases or service reductions for an entire
manufactured home community.
(b) An eviction or lease termination based on the following
circumstances, which are valid grounds for eviction or lease
termination in any event, does not constitute retaliation:
(1) the tenant is delinquent in rent or other amounts
due under the lease that in the aggregate equal the amount of at
least one month's rent when the landlord gives notice to vacate or
files an eviction action;
(2) the tenant, a member of the tenant's family, or a
guest or invitee of the tenant intentionally damages property on
the premises or by word or conduct threatens the personal safety of
the landlord, the landlord's employees, or another tenant;
(3) the tenant has materially breached the lease,
other than by holding over, by an action such as violating written
lease provisions prohibiting serious misconduct or criminal acts,
except as provided by this section;
(4) the tenant holds over after giving notice of
termination or intent to vacate;
(5) the tenant holds over after the landlord gives
notice of termination at the end of the rental term and the tenant
does not take action under Section 94.251 until after the landlord
gives notice of termination; or
(6) the tenant holds over and the landlord's notice of
termination is motivated by a good faith belief that the tenant, a
member of the tenant's family, or a guest or invitee of the tenant
might:
(A) adversely affect the quiet enjoyment by other
tenants or neighbors;
(B) materially affect the health or safety of the
landlord, other tenants, or neighbors; or
(C) damage the property of the landlord, other
tenants, or neighbors.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.254. TENANT REMEDIES. In addition to other
remedies provided by law, if a landlord retaliates against a tenant
under this subchapter, the tenant may recover from the landlord a
civil penalty of one month's rent plus $500, actual damages, court
costs, and reasonable attorney's fees in an action for recovery of
property damages, moving costs, actual expenses, civil penalties,
or declaratory or injunctive relief, less any delinquent rents or
other sums for which the tenant is liable to the landlord. If the
tenant's rent payment to the landlord is subsidized in whole or in
part by a governmental entity, the civil penalty granted under this
section shall reflect the fair market rent of the leased premises
plus $500.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.255. INVALID COMPLAINTS. (a) If a tenant files or
prosecutes a suit for retaliatory action based on a complaint
asserted under Section 94.251(a)(3), and a government building or
housing inspector or utility company representative visits the
manufactured home community and determines in writing that a
violation of a building or housing code does not exist or that a
utility problem does not exist, there is a rebuttable presumption
that the tenant acted in bad faith.
(b) If a tenant files or prosecutes a suit under this
subchapter in bad faith, the landlord may recover possession of the
leased premises and may recover from the tenant a civil penalty of
one month's rent plus $500, court costs, and reasonable attorney's
fees. If the tenant's rent payment to the landlord is subsidized in
whole or in part by a governmental entity, the civil penalty granted
under this subsection shall reflect the fair market rent of the
leased premises plus $500.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.256. EVICTION SUITS. In an eviction suit,
retaliation by the landlord under Section 94.251 is a defense and a
rent deduction lawfully made by the tenant under this chapter is a
defense for nonpayment of the rent to the extent allowed by this
chapter. Other judicial actions under this chapter, excluding an
action that would be permitted under Chapter 24, may not be joined
with an eviction suit or asserted as a defense or cross-claim in an
eviction suit.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
SUBCHAPTER G. REMEDIES
§ 94.301. TENANT'S REMEDIES. A person may recover from
a landlord who violates this chapter:
(1) actual damages;
(2) a civil penalty in an amount equal to two months'
rent and $500; and
(3) reasonable attorney's fees and costs.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.302. LANDLORD'S REMEDIES. If the court finds that
a tenant filed or prosecuted a suit under this chapter in bad faith
or for purposes of harassment, the court shall award the landlord:
(1) an amount equal to two months' rent and $500; and
(2) reasonable attorney's fees and costs.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.303. CUMULATIVE REMEDIES. (a) The provisions of
this chapter are not exclusive and are in addition to any other
remedy provided by other law.
(b) A specific remedy provided by this chapter supersedes
the general remedy provided by this subchapter and is in addition to
any other remedy provided by other law.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
