reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter H. Retaliation › Section 92.332. Nonretaliation

Sec. 92.332.  NONRETALIATION.  (a)  The 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 92.0563, 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 multidwelling project.
(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 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 92.331 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.
Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993.  Redesignated from Property Code Sec. 92.057(b), (c) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter H. Retaliation › Section 92.333. Tenant Remedies

Sec. 92.333.  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 dwelling plus $500.
Acts 1983, 68th Leg., p. 3637, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 9, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 16, eff. Sept. 1, 1993.  Redesignated from Property Code Sec. 92.057(d) and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter H. Retaliation › Section 92.334. Invalid Complaints

Sec. 92.334.  INVALID COMPLAINTS.  (a)  If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or housing inspector or utility company representative visits the premises 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 dwelling unit 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 section shall reflect the fair market rent of the dwelling plus $500.
Added by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter H. Retaliation › Section 92.335. Eviction Suits

Sec. 92.335.  EVICTION SUITS.  In an eviction suit, retaliation by the landlord under Section 92.331 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 may not be joined with an eviction suit or asserted as a defense or crossclaim in an eviction suit.
Acts 1983, 68th Leg., p. 3638, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 650, Sec. 11, eff. Aug. 28, 1989.  Renumbered from Property Code Sec. 92.059 and amended by Acts 1995, 74th Leg., ch. 869, Sec. 5, eff. Jan. 1, 1996.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter I. Rental Application › Section 92.351. Definitions

Sec. 92.351.  DEFINITIONS.  For purposes of this subchapter:
(1)  "Application deposit" means a sum of money that is given to the landlord in connection with a rental application and that is refundable to the applicant if the applicant is rejected as a tenant.
(1-a)  "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant.
(2)  "Applicant" or "rental applicant" means a person who makes an application to a landlord for rental of a dwelling.
(3)  "Co-applicant" means a person who makes an application for rental of a dwelling with other applicants and who plans to live in the dwelling with other applicants.
(4)  "Deposited" means deposited in an account of the landlord or the landlord's agent in a bank or other financial institution.
(5)  "Landlord" means a prospective landlord to whom a person makes application for rental of a dwelling.
(5-a)  "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord.
(6)  "Required date" means the required date for any acceptance of the applicant under Section 92.352.
Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996.  Renumbered from Property Code Sec. 92.331 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 7, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter I. Rental Application › Section 92.3515. Notice of Eligibility Requirements

Sec. 92.3515.  NOTICE OF ELIGIBILITY REQUIREMENTS.  (a)  At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's:
(1)  criminal history;
(2)  previous rental history;
(3)  current income;
(4)  credit history; or
(5)  failure to provide accurate or complete information on the application form.
(b)  If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available.  If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant.
(c)  The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria.  The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history.  If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded."
(d)  The acknowledgment may be part of the rental application if the notice is underlined or in bold print.
(e)  If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit.
(f)  If an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant.
Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 8, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter I. Rental Application › Section 92.352. Rejection of Applicant

Sec. 92.352.  REJECTION OF APPLICANT.  (a)  The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the seventh day after the:
(1)  date the applicant submits a completed rental application to the landlord on an application form furnished by the landlord;  or
(2)  date the landlord accepts an application deposit if the landlord does not furnish the applicant an application form.
(b)  A landlord's rejection of one co-applicant shall be deemed as a rejection of all co-applicants.
Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996.  Renumbered from Property Code Sec. 92.332 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter I. Rental Application › Section 92.353. Procedures for Notice or Refund

Sec. 92.353.  PROCEDURES FOR NOTICE OR REFUND.  (a)  Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is by:
(1)  telephone to the applicant, co-applicant, or a person living with the applicant or co-applicant on or before the required date;  or
(2)  United States mail, addressed to the applicant and postmarked on or before the required date.
(b)  If a rental applicant requests that any acceptance of the applicant or any refund of the applicant's application deposit be mailed to the applicant, the landlord must mail the refund check to the applicant at the address furnished by the applicant.
(c)  If the date of required notice of acceptance or required refund of an application deposit is a Saturday, Sunday, or state or federal holiday, the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday.
Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996.  Renumbered from Property Code Sec. 92.333 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter I. Rental Application › Section 92.354. Liability of Landlord

Sec. 92.354.  LIABILITY OF LANDLORD.  A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees.
Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996.  Renumbered from Property Code Sec. 92.334 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 9, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 92 - Residential Tenancies › Subchapter I. Rental Application › Section 92.355. Waiver

Sec. 92.355.  WAIVER.  A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void.
Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 10, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.001. Applicability of Chapter

Sec. 93.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to the relationship between landlords and tenants of commercial rental property.
(b)  For purposes of this chapter, "commercial rental property" means rental property that is not covered by Chapter 92.
Added by Acts 1989, 71st Leg., ch. 687, Sec. 2, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 689, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.004. Security Deposit

Sec. 93.004.  SECURITY DEPOSIT.  A security deposit is 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 commercial rental property.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.005. Obligation to Refund Security Deposit

Sec. 93.005.  OBLIGATION TO REFUND SECURITY DEPOSIT.  (a)  The landlord shall refund the security deposit to the tenant not later than the 60th day after the date the tenant surrenders the premises and provides notice to the landlord or the landlord's agent of the tenant's forwarding address under Section 93.009.
(b)  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. 1460, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1143, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.006. Retention of Security Deposit; Accounting

Sec. 93.006.  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 or damages and charges that result from a breach of the lease.
(b)  The landlord may not retain any portion of a security deposit to cover normal wear and tear.  In this subsection, "normal wear and tear" means deterioration that results from the intended use of the commercial 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 or by a guest or invitee of the tenant.
(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 premises;  and
(2)  no controversy exists concerning the amount of rent owed.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.007. Cessation of Owner's Interest

Sec. 93.007.  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 the security deposit according to this chapter from the date title to the premises is acquired, regardless of whether an acknowledgement is given to the tenant under Subsection (b).
(b)  The person who no longer owns an interest in the rental 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.  The amount of the security deposit is the greater of:
(1)  the amount provided in the tenant's lease;  or
(2)  the amount provided in an estoppel certificate prepared by the owner at the time the lease was executed or prepared by the new owner at the time the commercial property is transferred.
(c)  Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.008. Records

Sec. 93.008.  RECORDS.  The landlord shall keep accurate records of all security deposits.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.009. Tenant's Forwarding Address

Sec. 93.009.  TENANT'S FORWARDING ADDRESS.  (a)  The 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 for failing to give a forwarding address to the landlord.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.010. Liability for Withholding Last Month's Rent

Sec. 93.010.  LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.  (a)  The 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. 1460, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.011. Liability of Landlord

Sec. 93.011.  LIABILITY OF LANDLORD.  (a)  A landlord who in bad faith retains a security deposit in violation of this chapter 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 incurred in a suit to recover the deposit after the period prescribed for returning the deposit expires.
(b)  A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this chapter:
(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 a suit brought by a tenant under this chapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d)  A landlord who fails to return a security deposit or to provide a written description and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is presumed to have acted in bad faith.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1143, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 93 - Commercial Tenancies › Section 93.012. Assessment of Charges

Sec. 93.012.  ASSESSMENT OF CHARGES.  (a)  A landlord may not assess a charge, excluding a charge for rent or physical damage to the leased premises, to a tenant unless the amount of the charge or the method by which the charge is to be computed is stated in the lease, an exhibit or attachment that is part of the lease, or an amendment to the lease.
(b)  This section does not affect a landlord's right to assess a charge or obtain a remedy allowed under a statute or common law.
(c)  This section does not affect the contractual right of a landlord that is a governmental entity created under Subchapter D, Chapter 22, Transportation Code, whose constituent municipalities are populous home-rule municipalities to assess charges under a lease to fully compensate the governmental entity for the governmental entity's operating costs.
Added by Acts 2001, 77th Leg., ch. 1397, Sec. 1, eff. Sept. 1, 2002.  Renumbered from Property Code Sec. 93.004 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(119), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 71 (H.B. 1382), Sec. 1, eff. May 20, 2009.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.001. Definitions

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.
(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)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 613, Sec. 8, eff. September 1, 2013.
(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)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 613, Sec. 8, eff. September 1, 2013.
(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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.002. Applicability

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 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
(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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.003. Waiver of Rights and Duties

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.004. Landlord's Right of Entry

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.005. Common Area Facilities

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.006. Tenant Meetings

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.007. Cash Rental Payments

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.008. Manufactured Home Community Rules

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.009. Notice to Tenant at Primary Residence

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.010. Disclosure of Ownership and Management

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.011. Landlord's Agent for Service of Process

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter A. General Provisions › Section 94.012. Venue

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter B. Lease Agreement › Section 94.051. Information to Be Provided to Prospective Tenant

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 (H.B. 1460), Sec. 65, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter B. Lease Agreement › Section 94.052. Term of Lease

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 (H.B. 1460), Sec. 66, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter B. Lease Agreement › Section 94.053. Lease Requirements and Disclosures

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 (H.B. 1460), Sec. 67, eff. January 1, 2008.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter B. Lease Agreement › Section 94.054. Disclosure by Tenant Required

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter B. Lease Agreement › Section 94.055. Notice of Lease Renewal

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter B. Lease Agreement › Section 94.056. Penalty for Late Payment

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter B. Lease Agreement › Section 94.057. Assignment of Lease and Sublease

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.101. 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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.102. Security Deposit Permitted

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.103. Obligation to Refund

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.
2023 Texas Statutes › Property Code › Title 8 - Landlord and Tenant › Chapter 94 - Manufactured Home Tenancies › Subchapter C. Security Deposit › Section 94.104. Conditions for Retention of Security Deposit or Rent Prepayment

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.