Texas Mobile Home Park Laws and Regulations

In Texas, the legal term for a mobile home is generally “manufactured home.” The term manufactured home is defined under the Texas Occupations Code Section 1201.003. A manufactured home includes both HUD-code manufactured homes and mobile homes built before June 15, 1976.

These types of structures are designed for long-term residential use and are transportable in one or more sections, typically at least 320 square feet in size. By default, a manufactured home is considered personal property under Texas law.

However, mobile homes can be classified as real property if the owner elects to treat it as such. For instance, they could file a Statement of Ownership and Location with the Texas Department of Housing and Community Affairs and record it in the county’s real property records. This distinction is outlined in Texas Property Code Section 2.001.

It is important to note that the Texas Property Code Chapter 94 is the Code that governs manufactured home tenancies. This applies to situations where a tenant leases a lot in a manufactured home community. This chapter defines key terms and sets out all of the rules for lease agreements, landlord entry, tenant rights, and community regulations for the state.

If you should have any questions, Texas lawyers will be familiar with mobile home park laws and regulations as well as landlord-tenant matters.

Are Mobile Homes Regulated in Texas?

Yes, as mentioned above, mobile homes in Texas are regulated under several state laws and administrative codes. Examples of common regulations of mobile homes in Texas include:

• Texas Occupations Code Chapter 1201: This Code governs the construction, sale, installation, and licensing of manufactured homes
  • The Code establishes the Texas Manufactured Housing Standards Act, which sets out the requirements for manufacturers, retailers, installers, and brokers, including standards for safety, consumer protection, and recordkeeping
• Texas Administrative Code Title 10, Chapter 80: This Code contains the detailed rules adopted by the Texas Department of Housing and Community Affairs (“TDHCA”)
  • These rules cover installation standards, licensing requirements, enforcement procedures, and consumer claims
  • For example, Section 80.21 outlines how manufactured homes must be installed to meet safety and stability requirements
• Texas Property Code Chapter 94: This Code regulates the leasing of lots in manufactured home communities
  • The Code defines tenant rights, landlord obligations, lease terms, eviction procedures, and community rules

All of the above statutes and rules form a comprehensive regulatory framework that ensures mobile homes in Texas meet safety standards and that residents are protected under tenancy laws. There are also additional laws that might apply, given the particular circumstances involved in the mobile home.

What Is a Mobile Home Park?

Once again, in Texas, a mobile home park is legally referred to as a manufactured home community. The definition is provided in Texas Property Code Section 94.001(4), which states that a manufactured home community is “a parcel of land on which four or more lots are offered for lease for installing and occupying manufactured homes.”

This threshold of four or more lots is what distinguishes a manufactured home community from smaller or informal arrangements. These communities are subject to specific regulations under Chapter 94 of the Texas Property Code, which governs the relationship between landlords and tenants in such settings.

The law applies when a landlord leases a lot to a tenant for the purpose of placing a manufactured home on it. It does not apply if the landlord owns the home itself and leases it to the tenant, or if the tenant is placing other types of dwellings on the lot.

What Are Mobile Home Park Owners’ Responsibilities in Texas?

In Texas, mobile home park owners, who are commonly referred to as landlords of manufactured home communities, have specific responsibilities under Chapter 94 of the Texas Property Code. These duties are designed to protect tenants and ensure a safe and habitable living environment. Once again, the law applies when four or more lots are leased for the placement of manufactured homes.

Examples of key responsibilities of mobile home park owners in Texas include that park owners must:

• Provide a written lease with a minimum initial term of six months
• Disclose community rules in writing and give tenants at least 30 days’ notice before new rules take effect
• Maintain common areas in a clean and usable condition (i.e., maintain the implied warranty of habitability)
• Timely repair any utility lines and infrastructure that serve the community unless maintained by a public utility
• Accept cash rental payments based on rental agreements and provide written receipts
• Give at least 60 days’ notice before nonrenewal of a lease
• Ensure that all zoning ordinances are followed
• Disclose ownership and management information upon request
• Avoid retaliation against tenants who report health or safety violations

It is important to note that all of the above responsibilities are enforceable by law, and failure to comply can result in legal action or penalties against the mobile home park owner.

What Rights Does a Mobile Home Park Landlord Have in Texas?

In Texas, mobile home park landlords have several rights under Chapter 94 of the Texas Property Code. These legal rights include all of the following:

• The right to adopt and enforce reasonable community rules (Property Code Section 94.008)
• The right to enter a tenant’s manufactured home in emergencies or with proper consent (Property Code Section 94.004)
• The right to terminate leases for nonpayment or rule violations following proper notice (Property Code Sections 94.205–94.206)
• The legal right to nonrenew a lease with at least 60 days’ notice (Property Code Section 94.055)
• The legal right to pursue remedies for early termination or damages (Property Code Sections 94.201–94.202)

All of these rights are balanced by tenant protections to ensure fair treatment and safe living conditions.

What Are My Rights as a Texas Mobile Home Owner?

As a mobile home owner in Texas who leases a lot in a manufactured home community, your rights are protected under Chapter 94 of the Texas Property Code. These rights ensure fair treatment, transparency, and safe living conditions. Examples of key rights as a Texas mobile home owner include the right to:

• Have a written lease agreement with a minimum initial term of six months
• Have advance notice of nonrenewal, at least 60 days before lease ends
• Protection from retaliation for reporting health or safety violations
• Hold tenant meetings without interference
• Have access to clean and maintained common areas
• Have disclosure of ownership and management info upon request
• Have proper receipts for any cash payments and the right proper recordkeeping
• Have notice and time to comply with new community rules
• The right to receive written notice of any increasing rent, if such changes are allowed under the lease
• Legal remedies if the landlord violates your rights

Once again, all of the above rights apply when you’re renting a lot in a community with four or more leased spaces for manufactured homes.

What if a Landlord Commits a Legal Violation in Relation to a Tenant?

If a landlord in a Texas manufactured home community violates the law, such as by failing to maintain common areas, retaliating against a tenant, or breaching lease terms, then the tenant may pursue remedies under Texas Property Code Section 94.254.

These legal remedies can include injunctive relief, actual damages, civil penalties, and reasonable attorney’s fees. Additionally, tenants are protected from retaliation under Section 94.251.

This means that landlords cannot penalize them for reporting health or safety violations or exercising legal rights. Legal violations may also justify lease termination or other judicial remedies depending on the severity and nature of the breach.

Should I Hire a Lawyer for Help With My Mobile Home?

If you’re having an issue related to your mobile home, especially as a tenant, then it is recommended to immediately consult with an experienced Texas landlord tenant lawyer near you. LegalMatch can assist you in locating an attorney near you experienced in handling landlord tenant claims similar to yours and setting up a legal consultation in Texas.

A lawyer can help you review your case and determine your best course of legal action. They can also file the appropriate lawsuit and motions to get you relief from the issues that you may be facing. Finally, an attorney can also represent you at any in person hearing.