What law governs Texas manufactured housing communities?
Effective Apr. 1, 2002, Texas legislators implemented Chapter 94 of the Texas Property Code governing the leasing, management, and maintenance of manufactured housing communities. Many provisions mirror those pertaining to the leasing, management, and maintenance of residential apartments and dwellings. The law applies only where a landlord leases property (a lot) in a manufactured home community to a tenant for the placement of a manufactured home.
The law does not apply when:
- The landlord leases a manufactured home owned by the landlord to a tenant in the manufactured home community,
- The landlord leases property (spaces) in the community for the placement of personal property (other than a manufactured home) to be used for human habitation, or
- The tenant is an employee or agent of the landlord (Section 94.002 of the Texas Property Code).
Note: Subchapter E beginning on page 16 of the Landlords and Tenants Guide for Manufactured Home Communities discusses some specific requirements for evicting a tenant from a manufactured home community. These rules are in addition to the rules in Chapter 24 of the Texas Property Code. Chapter 24 is reproduced in a question-answer format at the end of the Guide.
Finally: The statutory rules for metering the water used by individuals who rent lots in manufactured home communities are discussed beginning on page 24 of the Guide.
When may the landlord physically enter the tenant’s manufactured home?
Unless otherwise provided in Chapter 94 of the Texas Property Code, landlords may not enter a tenant’s manufactured home unless the tenant is present and gives consent or has previously given written consent.
If written consent is given, the agreement must specify the date and time entry is permitted and limit entry to that date and time. The tenant may revoke the consent by written notification at any time without penalty (Section 94.004[a] of the of the Texas Property Code).
The statute permits landlord entry for emergency reasons or after the tenant abandons the manufactured home (Section 94.004[c] of the Texas Property Code).
What limits may the landlord place on the use of the common area facilities?
Common area facilities must be open and available to tenants. The landlord must post hours of operation or availability in a conspicuous place at the facility.
Can the landlord amend manufactured home community rules?
The landlord may add to or amend the manufactured home community rules at any time. Amendments are not effective until 30 days after each tenant has been provided a written copy of the additions or changes. If the amendment requires tenants to expend more than $25 to comply with the change, tenants must be given at least 90 days after receiving written notice to comply. See Texas Property Code section 94.008.
Page 2 of the Landlords and Tenants Guide for Manufactured Home Communities includes a glossary of common landlord-tenant terms. For example:
Landlord. The owner or manager of a manufactured home community, including an employee or agent of the landlord.
Lease agreement. A written agreement between landlord and tenant that establishes the terms, conditions, and other provisions for placing a manufactured home on the premises of a manufactured home community.
Tenant. A person who is authorized by a lease agreement to occupy a lot to the exclusion of others in a manufactured home community and obligated under the lease agreement to pay rent, fees, and other charges.
The glossary also discusses the definition of "manufactured home" under Texas law.
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