reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.105. Retention of Security Deposit; Accounting

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.106. Cessation of Owner's Interest

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.107. Tenant's Forwarding Address

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.108. Liability for Withholding Last Month's Rent

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.109. Liability of Landlord

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.151. Warranty of Suitability

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.152. Landlord's Maintenance Obligations

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.153. Landlord's Repair Obligations

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.154. Burden of Proof

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.155. Casualty Loss

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.159. Tenant's Judicial Remedies

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.160. Landlord Remedy for Tenant Violation

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.161. Agents for Delivery of Notice

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter D. Premises Condition, Maintenance, and Repairs › Section 94.162. Effect on Other Rights

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter E. Termination, Eviction, and Foreclosure › Section 94.201. Landlord's Remedy for Early Termination

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter E. Termination, Eviction, and Foreclosure › Section 94.202. Landlord's Duty to Mitigate Damages

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter E. Termination, Eviction, and Foreclosure › Section 94.203. Eviction Procedures Generally

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter E. Termination, Eviction, and Foreclosure › Section 94.204. Nonrenewal of Lease for Change in Land Use

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 (H.B. 1460), Sec. 68, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 69, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter E. Termination, Eviction, and Foreclosure › Section 94.205. Termination and Eviction for Violation of Lease

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter E. Termination, Eviction, and Foreclosure › Section 94.206. Termination and Eviction for Nonpayment of Rent

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter F. Prohibited Acts › Section 94.251. Retaliation by Landlord

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter F. Prohibited Acts › Section 94.252. Restriction on Sale of Manufactured Home

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter F. Prohibited Acts › Section 94.253. Nonretaliation

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter F. Prohibited Acts › Section 94.254. Tenant Remedies

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 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, Sec. 1, eff. April 1, 2002.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter F. Prohibited Acts › Section 94.255. Invalid Complaints

Sec. 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, Sec. 1, eff. April 1, 2002.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter F. Prohibited Acts › Section 94.256. Eviction Suits

Sec. 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, Sec. 1, eff. April 1, 2002.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter F. Prohibited Acts › Section 94.257. Possession of Firearm or Firearm Ammunition on Leased Premises

Sec. 94.257.  POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES.  Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1)  in the tenant's manufactured home;
(2)  in a vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or
(3)  in other locations controlled by the landlord as necessary to:
(A)  enter or exit the tenant's manufactured home;
(B)  enter or exit the leased premises; or
(C)  enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or tenants' guests.
Added by Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter G. Remedies › Section 94.301. Tenant's Remedies

Sec. 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, Sec. 1, eff. April 1, 2002.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter G. Remedies › Section 94.302. Landlord's Remedies

Sec. 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, Sec. 1, eff. April 1, 2002.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter G. Remedies › Section 94.303. Cumulative Remedies

Sec. 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, Sec. 1, eff. April 1, 2002.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle A - Provisions Generally Applicable to Trusts › Chapter 101 - Provisions Generally Applicable to Trusts › Section 101.001. Conveyance by Person Designated as Trustee

Sec. 101.001.  CONVEYANCE BY PERSON DESIGNATED AS TRUSTEE.  If property is conveyed or transferred to a person designated as a trustee but the conveyance or transfer does not identify a trust or disclose the name of any beneficiary, the person designated as trustee may convey, transfer, or encumber the title of the property without subsequent question by a person who claims to be a beneficiary under a trust or who claims by, through, or under any undisclosed beneficiary or by, through, or under the person designated as trustee in that person's individual capacity.
Acts 1983, 68th Leg., p. 3654, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 683, Sec. 3, eff. Aug. 31, 1987.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle A - Provisions Generally Applicable to Trusts › Chapter 101 - Provisions Generally Applicable to Trusts › Section 101.002. Liability of Trust Property

Sec. 101.002.  LIABILITY OF TRUST PROPERTY.  Although trust property is held by the trustee without identifying the trust or its beneficiaries, the trust property is not liable to satisfy the personal obligations of the trustee.
Acts 1983, 68th Leg., p. 3654, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Renumbered from Sec. 101.001(b) by Acts 1987, 70th Leg., ch. 683, Sec. 3, eff. Aug. 31, 1987.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 111 - General Provisions › Section 111.001. Short Title

Sec. 111.001.  SHORT TITLE.  This subtitle may be cited as the Texas Trust Code.
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
Sec. 111.002.  CONSTRUCTION OF SUBTITLE.  This subtitle and the Texas Trust Act, as amended (Articles 7425b-1 through 7425b-48, Vernon's Texas Civil Statutes), shall be considered one continuous statute, and for the purposes of any statute or of any instrument creating a trust that refers to the Texas Trust Act, this subtitle shall be considered an amendment to the Texas Trust Act.
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
Amended by:
Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 1, eff. January 1, 2006.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 111 - General Provisions › Section 111.003. Trusts Subject to This Subtitle

Sec. 111.003.  TRUSTS SUBJECT TO THIS SUBTITLE.  For the purposes of this subtitle, a "trust" is an express trust only and does not include:
(1)  a resulting trust;
(2)  a constructive trust;
(3)  a business trust;  or
(4)  a security instrument such as a deed of trust, mortgage, or security interest as defined by the Business & Commerce Code.
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 111 - General Provisions › Section 111.0035. Default and Mandatory Rules; Conflict Between Terms and Statute

Sec. 111.0035.  DEFAULT AND MANDATORY RULES; CONFLICT BETWEEN TERMS AND STATUTE.  (a)  Except as provided by the terms of a trust and Subsection (b), this subtitle governs:
(1)  the duties and powers of a trustee;
(2)  relations among trustees; and
(3)  the rights and interests of a beneficiary.
(b)  The terms of a trust prevail over any provision of this subtitle, except that the terms of a trust may not limit:
(1)  the requirements imposed under Section 112.031;
(2)  the applicability of Section 114.007 to an exculpation term of a trust;
(3)  the periods of limitation for commencing a judicial proceeding regarding a trust;
(4)  a trustee's duty:
(A)  with regard to an irrevocable trust, to respond to a demand for accounting made under Section 113.151 if the demand is from a beneficiary who, at the time of the demand:
(i)  is entitled or permitted to receive distributions from the trust; or
(ii)  would receive a distribution from the trust if the trust terminated at the time of the demand; and
(B)  to act in good faith and in accordance with the purposes of the trust;
(5)  the power of a court, in the interest of justice, to take action or exercise jurisdiction, including the power to:
(A)  modify, reform, or terminate a trust or take other action under Section 112.054;
(B)  remove a trustee under Section 113.082;
(C)  exercise jurisdiction under Section 115.001;
(D)  require, dispense with, modify, or terminate a trustee's bond;
(E)  adjust, deny, or order disgorgement of a trustee's compensation if the trustee commits a breach of trust; or
(F)  make an award of costs and attorney's fees under Section 114.064; or
(6)  the applicability of Section 112.038.
(c)  The terms of a trust may not limit any common-law duty to keep a beneficiary of an irrevocable trust who is 25 years of age or older informed at any time during which the beneficiary:
(1)  is entitled or permitted to receive distributions from the trust; or
(2)  would receive a distribution from the trust if the trust were terminated.
Added by Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 2, eff. January 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 2, eff. June 16, 2007.
Acts 2009, 81st Leg., R.S., Ch. 414 (H.B. 1969), Sec. 2, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 62 (S.B. 617), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 111 - General Provisions › Section 111.005. Reenactment of Common Law

Sec. 111.005.  REENACTMENT OF COMMON LAW.  If the law codified in this subtitle repealed a statute that abrogated or restated a common law rule, that common law rule is reestablished, except as the contents of the rule are changed by this subtitle.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 111 - General Provisions › Section 111.006. Application

Sec. 111.006.  APPLICATION.  This subtitle applies:
(1)  to all trusts created on or after January 1, 1984, and to all transactions relating to such trusts;  and
(2)  to all transactions occurring on or after January 1, 1984, relating to trusts created before January 1, 1984;  provided that transactions entered into before January 1, 1984, and which were subject to the Texas Trust Act, as amended (Articles 7425b-1 through 7425b-48, Vernon's Texas Civil Statutes), and the rights, duties, and interests flowing from such transactions remain valid on and after January 1, 1984, and must be terminated, consummated, or enforced as required or permitted by this subtitle.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.001. Methods of Creating Trust

Sec. 112.001.  METHODS OF CREATING TRUST.  A trust may be created by:
(1)  a property owner's declaration that the owner holds the property as trustee for another person;
(2)  a property owner's inter vivos transfer of the property to another person as trustee for the transferor or a third person;
(3)  a property owner's testamentary transfer to another person as trustee for a third person;
(4)  an appointment under a power of appointment to another person as trustee for the donee of the power or for a third person;  or
(5)  a promise to another person whose rights under the promise are to be held in trust for a third person.
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.002. Intention to Create Trust

Sec. 112.002.  INTENTION TO CREATE TRUST.  A trust is created only if the settlor manifests an intention to create a trust.
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.003. Consideration

Sec. 112.003.  CONSIDERATION.  Consideration is not required for the creation of a trust.  A promise to create a trust in the future is enforceable only if the requirements for an enforceable contract are present.
Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.004. Statute of Frauds

Sec. 112.004.  STATUTE OF FRAUDS.  A trust in either real or personal property is enforceable only if there is written evidence of the trust's terms bearing the signature of the settlor or the settlor's authorized agent.  A trust consisting of personal property, however, is enforceable if created by:
(1)  a transfer of the trust property to a trustee who is neither settlor nor beneficiary if the transferor expresses simultaneously with or prior to the transfer the intention to create a trust;  or
(2)  a declaration in writing by the owner of property that the owner holds the property as trustee for another person or for the owner and another person as a beneficiary.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.005. Trust Property

Sec. 112.005.  TRUST PROPERTY.  A trust cannot be created unless there is trust property.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.006. Additions to Trust Property

Sec. 112.006.  ADDITIONS TO TRUST PROPERTY.  Property may be added to an existing trust from any source in any manner unless the addition is prohibited by the terms of the trust or the property is unacceptable to the trustee.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.007. Capacity of Settlor

Sec. 112.007.  CAPACITY OF SETTLOR.  A person has the same capacity to create a trust by declaration, inter vivos or testamentary transfer, or appointment that the person has to transfer, will, or appoint free of trust.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.008. Capacity of Trustee

Sec. 112.008.  CAPACITY OF TRUSTEE.  (a)  The trustee must have the legal capacity to take, hold, and transfer the trust property.  If the trustee is a corporation, it must have the power to act as a trustee in this state.
(b)  Except as provided by Section 112.034, the fact that the person named as trustee is also a beneficiary does not disqualify the person from acting as trustee if he is otherwise qualified.
(c)  The settlor of a trust may be the trustee of the trust.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 9 - Trusts › Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts › Chapter 112 - Creation, Validity, Modification, and Termination of Trusts › Subchapter A. Creation › Section 112.009. Acceptance by Trustee

Sec. 112.009.  ACCEPTANCE BY TRUSTEE.  (a)  The signature of the person named as trustee on the writing evidencing the trust or on a separate written acceptance is conclusive evidence that the person accepted the trust.  A person named as trustee who exercises power or performs duties under the trust is presumed to have accepted the trust, except that a person named as trustee may engage in the following conduct without accepting the trust:
(1)  acting to preserve the trust property if, within a reasonable time after acting, the person gives notice of the rejection of the trust to:
(A)  the settlor; or
(B)  if the settlor is deceased or incapacitated, all beneficiaries then entitled to receive trust distributions from the trust; and
(2)  inspecting or investigating trust property for any purpose, including determining the potential liability of the trust under environmental or other law.
(b)  A person named as trustee who does not accept the trust incurs no liability with respect to the trust.
(c)  If the person named as the original trustee does not accept the trust or if the person is dead or does not have capacity to act as trustee, the person named as the alternate trustee under the terms of the trust or the person selected as alternate trustee according to a method prescribed in the terms of the trust may accept the trust.  If a trustee is not named or if there is no alternate trustee designated or selected in the manner prescribed in the terms of the trust, the court shall appoint a trustee on a petition of any interested person.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
Amended by:
Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 4, eff. January 1, 2006.