CHAPTER 94. MANUFACTURED HOME TENANCIES
PROPERTY CODE
TITLE 8. LANDLORD AND TENANT
CHAPTER 94. MANUFACTURED HOME TENANCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. April 1,
2002. Amended by Acts 2003, 78th Leg., ch. 75, Sec. 1, eff. May
16, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.808, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
SUBCHAPTER B. LEASE AGREEMENT
Sec. 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, the landlord must give you at least 60 days' notice of
a nonrenewal of the lease, except that if the manufactured home
community's land use will change, the landlord must give you at
least 180 days' notice. During the applicable period, you must
continue to pay all rent and other amounts due under the lease
agreement, including late charges, if any, after receiving notice
of the nonrenewal."
Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,
2002. Amended by Acts 2003, 78th Leg., ch. 75, Sec. 2, eff. May
16, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
863, Sec. 65, eff. January 1, 2008.
Sec. 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) Except as provided by Section 94.204, 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 chooses not to renew the lease. During the
applicable period, the tenant must pay all rent and other amounts
due under the lease agreement, including late charges, if any,
after receiving notice of the nonrenewal.
Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,
2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
863, Sec. 66, eff. January 1, 2008.
Sec. 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 choose not to renew
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, Sec. 1, eff. April 1,
2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
863, Sec. 67, eff. January 1, 2008.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
SUBCHAPTER C. SECURITY DEPOSIT
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
SUBCHAPTER E. TERMINATION, EVICTION, AND FORECLOSURE
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 94.204. NONRENEWAL OF LEASE FOR CHANGE IN LAND USE. (a) A
landlord may choose not to renew a lease agreement to change the
manufactured home community's land use only if not later than the
180th day before the date the land use will change:
(1) 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) 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, Sec. 1, eff. April 1,
2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
863, Sec. 68, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch.
863, Sec. 69, eff. January 1, 2008.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
SUBCHAPTER F. PROHIBITED ACTS
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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, Sec. 1, eff. April 1,
2002.
Sec. 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 e