CHAPTER 94. MANUFACTURED HOME TENANCIES - Texas Statutes

PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 94. MANUFACTURED HOME TENANCIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 94.001. DEFINITIONS. In this chapter:

(1) "Landlord" means the owner or manager of a manufactured home

community and includes an employee or agent of the landlord.

(2) "Lease agreement" means a written agreement between a

landlord and a tenant that establishes the terms, conditions, and

other provisions for placing a manufactured home on the premises

of a manufactured home community.

(3) "Manufactured home" has the meaning assigned by Section

1201.003, Occupations Code, and for purposes of this chapter, a

reference to a manufactured home includes a recreational vehicle.

(4) "Manufactured home community" means a parcel of land on

which four or more lots are offered for lease for installing and

occupying manufactured homes.

(5) "Manufactured home community rules" means the rules provided

in a written document that establish the policies and regulations

of the manufactured home community, including regulations

relating to the use, occupancy, and quiet enjoyment of and the

health, safety, and welfare of tenants of the manufactured home

community.

(6) "Manufactured home lot" means the space allocated in the

lease agreement for the placement of the tenant's manufactured

home and the area adjacent to that space designated in the lease

agreement for the tenant's exclusive use.

(7) "Normal wear and tear" means deterioration that results from

intended use of the premises, including breakage or malfunction

due to age or deteriorated condition, but the term does not

include deterioration that results from negligence, carelessness,

accident, or abuse of the premises, equipment, or chattels by the

tenant, a member of the tenant's household, or a guest or invitee

of the tenant.

(8) "Park model unit" means a recreational vehicle that is

designed primarily as temporary living quarters for recreation,

camping, or seasonal use and that is built on a single chassis,

mounted on wheels, and has a gross trailer area not exceeding 400

square feet in the set-up mode.

(9) "Premises" means a tenant's manufactured home lot, any area

or facility the lease authorizes the tenant to use, and the

appurtenances, grounds, and facilities held out for the use of

tenants generally.

(10) "Recreational vehicle" means a vehicle that is primarily

designed as a temporary living quarters for recreational camping

or travel use and that is permanently tied to, affixed, or

anchored to the premises as in the case of a park model unit.

(11) "Tenant" means a person who is:

(A) authorized by a lease agreement to occupy a lot to the

exclusion of others in a manufactured home community; and

(B) obligated under the lease agreement to pay rent, fees, and

other charges.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002. Amended by Acts 2003, 78th Leg., ch. 75, Sec. 1, eff. May

16, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.808, eff.

Sept. 1, 2003.

Sec. 94.002. APPLICABILITY. (a) This chapter applies only to

the relationship between a landlord who leases property in a

manufactured home community and a tenant leasing property in the

manufactured home community for the purpose of situating a

manufactured home or a recreational vehicle on the property.

(b) This chapter does not apply to the relationship between:

(1) a landlord who owns a manufactured home and a tenant who

leases the manufactured home from the landlord;

(2) a landlord who leases property in a manufactured home

community and a tenant leasing property in the manufactured home

community for the placement of personal property to be used for

human habitation, excluding a manufactured home or a recreational

vehicle; or

(3) a landlord and an employee or an agent of the landlord.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.003. WAIVER OF RIGHTS AND DUTIES. A provision in a

lease agreement or a manufactured home community rule that

purports to waive a right or to exempt a landlord or a tenant

from a duty or from liability under this chapter is void.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.004. LANDLORD'S RIGHT OF ENTRY. (a) Except as provided

by this chapter, the landlord may not enter a tenant's

manufactured home unless:

(1) the tenant is present and gives consent; or

(2) the tenant has previously given written consent.

(b) The written consent under Subsection (a)(2) must specify the

date and time entry is permitted and is valid only for the date

and time specified. The tenant may revoke the consent without

penalty at any time by notifying the landlord in writing that the

consent has been revoked.

(c) The landlord may enter the tenant's manufactured home in a

reasonable manner and at a reasonable time if:

(1) an emergency exists; or

(2) the tenant abandons the manufactured home.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.005. COMMON AREA FACILITIES. Each common area facility,

if any, must be open or available to tenants. The landlord shall

post the hours of operation or availability of the facility in a

conspicuous place at the facility.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.006. TENANT MEETINGS. (a) Except as provided by

Subsection (b), a landlord may not interfere with meetings by

tenants of the manufactured home community related to

manufactured home living.

(b) Any limitations on meetings by tenants in the common area

facilities must be included in the manufactured home community

rules.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.007. CASH RENTAL PAYMENTS. (a) A landlord shall accept

a tenant's cash rental payment unless the lease agreement

requires the tenant to make rental payments by check, money

order, or other traceable or negotiable instrument.

(b) A landlord who receives a cash rental payment shall:

(1) provide the tenant with a written receipt; and

(2) enter the payment date and amount in a record book

maintained by the landlord.

(c) A tenant or a governmental entity or civic association

acting on the tenant's behalf may file suit against a landlord to

enjoin a violation of this section.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.008. MANUFACTURED HOME COMMUNITY RULES. (a) A landlord

may adopt manufactured home community rules that are not

arbitrary or capricious.

(b) Manufactured home community rules are considered part of the

lease agreement.

(c) The landlord may add to or amend manufactured home community

rules. If the landlord adds or amends a rule:

(1) the rule is not effective until the 30th day after the date

each tenant is provided with a written copy of the added or

amended rule; and

(2) if a tenant is required to take any action that requires the

expenditure of funds in excess of $25 to comply with the rule,

the landlord shall give the tenant at least 90 days after the

date each tenant is provided with a written copy of the added or

amended rule to comply with the rule.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.009. NOTICE TO TENANT AT PRIMARY RESIDENCE. (a) If, at

the time of signing a lease agreement or lease renewal, a tenant

gives written notice to the tenant's landlord that the tenant

does not occupy the manufactured home lot as a primary residence

and requests in writing that the landlord send notices to the

tenant at the tenant's primary residence and provides to the

landlord the address of the tenant's primary residence, the

landlord shall mail to the tenant's primary residence all notices

required by the lease agreement, by this chapter, or by Chapter

24.

(b) The tenant shall notify the landlord in writing of any

change in the tenant's primary residence address. Oral notices of

change are insufficient.

(c) A notice to a tenant's primary residence under Subsection

(a) may be sent by regular United States mail and is considered

as having been given on the date of postmark of the notice.

(d) If there is more than one tenant on a lease agreement, the

landlord is not required under this section to send notices to

the primary residence of more than one tenant.

(e) This section does not apply if notice is actually hand

delivered to and received by a person 16 years of age or older

occupying the leased premises.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.010. DISCLOSURE OF OWNERSHIP AND MANAGEMENT. (a) A

landlord shall disclose to a tenant, or to any governmental

official or employee acting in an official capacity, according to

this section:

(1) the name and either a street or post office box address of

the holder of record title, according to the deed records in the

county clerk's office, of the premises leased by the tenant or

inquired about by the governmental official or employee acting in

an official capacity; and

(2) if an entity located off-site from the manufactured home

community is primarily responsible for managing the leased

premises, the name and street address of that entity.

(b) Disclosure to a tenant under Subsection (a) must be made by:

(1) giving the information in writing to the tenant on or before

the seventh day after the date the landlord receives the tenant's

written request for the information;

(2) continuously posting the information in a conspicuous place

in the manufactured home community or the office of the on-site

manager or on the outside of the entry door to the office of the

on-site manager on or before the seventh day after the date the

landlord receives the tenant's written request for the

information; or

(3) including the information in a copy of the tenant's lease or

in written manufactured home community rules given to the tenant

before the tenant requests the information.

(c) Disclosure of information to a tenant may be made under

Subsection (b)(1) or (2) before the tenant requests the

information.

(d) Disclosure of information to a governmental official or

employee must be made by giving the information in writing to the

official or employee on or before the seventh day after the date

the landlord receives a written request for the information from

the official or employee.

(e) A correction to the information may be made by any of the

methods authorized and must be made within the period prescribed

by this section for providing the information.

(f) For the purposes of this section, an owner or property

manager may disclose either an actual name or an assumed name if

an assumed name certificate has been recorded with the county

clerk.

(g) A landlord who provides information under this section

violates this section if:

(1) the information becomes incorrect because a name or address

changes; and

(2) the landlord fails to correct the information given to a

tenant on or before the 15th day after the date the information

becomes incorrect.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.011. LANDLORD'S AGENT FOR SERVICE OF PROCESS. (a) In a

lawsuit by a tenant to enforce a legal obligation of the owner as

landlord of the manufactured home community, the owner's agent

for service of process is determined according to this section.

(b) The owner's management company, on-site manager, or rent

collector for the manufactured home community is the owner's

authorized agent for service of process unless the owner's name

and business street address have been furnished in writing to the

tenant.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.012. VENUE. Venue for an action under this chapter is

governed by Section 15.0115, Civil Practice and Remedies Code.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

SUBCHAPTER B. LEASE AGREEMENT

Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE TENANT.

At the time the landlord receives an application from a

prospective tenant, the landlord shall give the tenant a copy of:

(1) the proposed lease agreement for the manufactured home

community;

(2) any manufactured home community rules; and

(3) a separate disclosure statement with the following

prominently printed in at least 10-point type:

"You have the legal right to an initial lease term of six months.

If you prefer a different lease period, you and your landlord

may negotiate a shorter or longer lease period. After the

initial lease period expires, you and your landlord may negotiate

a new lease term by mutual agreement. Regardless of the term of

the lease, the landlord must give you at least 60 days' notice of

a nonrenewal of the lease, except that if the manufactured home

community's land use will change, the landlord must give you at

least 180 days' notice. During the applicable period, you must

continue to pay all rent and other amounts due under the lease

agreement, including late charges, if any, after receiving notice

of the nonrenewal."

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002. Amended by Acts 2003, 78th Leg., ch. 75, Sec. 2, eff. May

16, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

863, Sec. 65, eff. January 1, 2008.

Sec. 94.052. TERM OF LEASE. (a) A landlord shall offer the

tenant a lease agreement with an initial lease term of at least

six months. If the tenant requests a lease agreement with a

different lease period, the landlord and the tenant may mutually

agree to a shorter or longer lease period. The landlord and the

tenant may mutually agree to subsequent lease periods of any

length for each renewal of the lease agreement.

(b) Except as provided by Section 94.204, regardless of the term

of the lease, the landlord must provide notice to the tenant not

later than the 60th day before the date of the expiration of the

lease if the landlord chooses not to renew the lease. During the

applicable period, the tenant must pay all rent and other amounts

due under the lease agreement, including late charges, if any,

after receiving notice of the nonrenewal.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

863, Sec. 66, eff. January 1, 2008.

Sec. 94.053. LEASE REQUIREMENTS AND DISCLOSURES. (a) A lease

agreement must be:

(1) typed or printed in legible handwriting; and

(2) signed by the landlord and the tenant.

(b) The landlord shall provide the tenant with a copy of the

lease agreement and a current copy of the manufactured home

community rules after the lease has been signed.

(c) A lease agreement must contain the following information:

(1) the address or number of the manufactured home lot and the

number and location of any accompanying parking spaces;

(2) the lease term;

(3) the rental amount;

(4) the interval at which rent must be paid and the date on

which periodic rental payments are due;

(5) any late charge or fee or charge for any service or

facility;

(6) the amount of any security deposit;

(7) a description of the landlord's maintenance

responsibilities;

(8) the telephone number of the person who may be contacted for

emergency maintenance;

(9) the name and address of the person designated to accept

official notices for the landlord;

(10) the penalty the landlord may impose for the tenant's early

termination as provided by Section 94.201;

(11) the grounds for eviction as provided by Subchapter E;

(12) a disclosure of the landlord's right to choose not to renew

the lease agreement if there is a change in the land use of the

manufactured home community during the lease term as provided by

Section 94.204;

(13) a disclosure of any incorporation by reference of an

addendum relating to submetering of utility services;

(14) a prominent disclosure informing the tenant that Chapter

94, Property Code, governs certain rights granted to the tenant

and obligations imposed on the landlord by law;

(15) if there is a temporary zoning permit for the land use of

the manufactured home community, the date the zoning permit

expires; and

(16) any other terms or conditions of occupancy not expressly

included in the manufactured home community rules.

(d) A lease provision requiring an increase in rent or in fees

or charges during the lease term must be initialed by the tenant

or the provision is void.

(e) Any illegal or unconscionable provision in a lease is void.

If a lease provision is determined void, the invalidity of the

provision does not affect other provisions of the lease that can

be given effect without reference to the invalid provision.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

863, Sec. 67, eff. January 1, 2008.

Sec. 94.054. DISCLOSURE BY TENANT REQUIRED. A tenant shall

disclose to the landlord before the lease agreement is signed the

name and address of any person who holds a lien on the tenant's

manufactured home.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.055. NOTICE OF LEASE RENEWAL. (a) The landlord shall

provide a tenant a notice to vacate the leased premises or an

offer of lease renewal:

(1) not later than the 60th day before the date the current

lease term expires; or

(2) if the lease is a month-to-month lease, not later than the

60th day before the date the landlord intends to terminate the

current term of the lease.

(b) If the landlord offers to renew the lease, the landlord

shall notify the tenant of the proposed rent amount and any

change in the lease terms. The notice must also include a

statement informing the tenant that the tenant's failure to

reject the landlord's offer to renew the lease within the 30-day

period prescribed by Subsection (c) will result in the renewal of

the lease under the modified terms as provided by Subsection (c).

(c) If the landlord offers to renew the lease, the tenant must

notify the landlord not later than the 30th day before the date

the current lease expires whether the tenant rejects the terms of

the offer and intends to vacate the leased premises on the date

the current lease term expires. If the tenant fails to provide

the notice within the period prescribed by this subsection, the

lease is renewed under the modified terms beginning on the first

day after the date of the expiration of the current lease term.

(d) Notwithstanding Subsection (a), the landlord may request a

tenant to vacate the leased premises before the end of the notice

period prescribed by Subsection (a) only if the landlord

compensates the tenant in advance for relocation expenses,

including the cost of moving and installing the manufactured home

at a new location.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.056. PENALTY FOR LATE PAYMENT. A landlord may assess a

penalty for late payment of rent or another fee or charge if the

payment is not remitted on or before the date stipulated in the

lease agreement.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.057. ASSIGNMENT OF LEASE AND SUBLEASE. (a) A landlord

may prohibit a tenant from assigning a lease agreement or

subleasing the leased premises if the prohibition is included in

the lease agreement.

(b) If the landlord permits a tenant to assign a lease agreement

or sublease the leased premises, the lease agreement must specify

the conditions under which the tenant may enter into an

assignment or sublease agreement.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

SUBCHAPTER C. SECURITY DEPOSIT

Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security

deposit" means any advance of money, other than a rental

application deposit or an advance payment of rent, that is

intended primarily to secure performance under a lease of a lot

in a manufactured home community that has been entered into by a

landlord and a tenant.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.102. SECURITY DEPOSIT PERMITTED. (a) At the time the

tenant executes the initial lease agreement, the landlord may

require a security deposit.

(b) The landlord shall keep accurate records relating to

security deposits.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.103. OBLIGATION TO REFUND. (a) Except as provided by

this subchapter, the landlord shall refund the security deposit

not later than the 30th day after the date the tenant surrenders

the manufactured home lot.

(b) A requirement that a tenant give advance notice of surrender

as a condition for refunding the security deposit is effective

only if the requirement is underlined or is printed in

conspicuous bold print in the lease.

(c) The tenant's claim to the security deposit takes priority

over the claim of any creditor of the landlord, including a

trustee in bankruptcy.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.104. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR

RENT PREPAYMENT. (a) Except as provided by Subsection (b), a

landlord who receives a security deposit or rent prepayment for a

manufactured home lot from a tenant who fails to occupy the lot

according to a lease agreement between the landlord and the

tenant may not retain the security deposit or rent prepayment if:

(1) the tenant secures a replacement tenant satisfactory to the

landlord and the replacement tenant occupies the lot on or before

the commencement date of the lease; or

(2) the landlord secures a replacement tenant satisfactory to

the landlord and the replacement tenant occupies the lot on or

before the commencement date of the lease.

(b) If the landlord secures the replacement tenant, the landlord

may retain and deduct from the security deposit or rent

prepayment either:

(1) an amount agreed to in the lease agreement as a lease

cancellation fee; or

(2) actual expenses incurred by the landlord in securing the

replacement tenant, including a reasonable amount for the time

spent by the landlord in securing the replacement tenant.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.105. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a)

Before returning a security deposit, the landlord may deduct from

the deposit damages and charges for which the tenant is legally

liable under the lease agreement or as a result of breaching the

lease.

(b) The landlord may not retain any portion of a security

deposit to cover normal wear and tear.

(c) If the landlord retains all or part of a security deposit

under this section, the landlord shall give to the tenant the

balance of the security deposit, if any, together with a written

description and itemized list of all deductions. The landlord is

not required to give the tenant a description and itemized list

of deductions if:

(1) the tenant owes rent when the tenant surrenders possession

of the manufactured home lot; and

(2) no controversy exists concerning the amount of rent owed.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.106. CESSATION OF OWNER'S INTEREST. (a) If the owner's

interest in the premises is terminated by sale, assignment,

death, appointment of a receiver, bankruptcy, or otherwise, the

new owner is liable for the return of security deposits according

to this subchapter from the date title to the premises is

acquired, regardless of whether notice is given to the tenant

under Subsection (b).

(b) The person who no longer owns an interest in the leased

premises remains liable for a security deposit received while the

person was the owner until the new owner delivers to the tenant a

signed statement acknowledging that the new owner has received

and is responsible for the tenant's security deposit and

specifying the exact dollar amount of the deposit.

(c) Subsection (a) does not apply to a real estate mortgage

lienholder who acquires title by foreclosure.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.107. TENANT'S FORWARDING ADDRESS. (a) A landlord is

not obligated to return a tenant's security deposit or give the

tenant a written description of damages and charges until the

tenant gives the landlord a written statement of the tenant's

forwarding address for the purpose of refunding the security

deposit.

(b) The tenant does not forfeit the right to a refund of the

security deposit or the right to receive a description of damages

and charges merely for failing to give a forwarding address to

the landlord.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (a)

A tenant may not withhold payment of any portion of the last

month's rent on grounds that the security deposit is security for

unpaid rent.

(b) A tenant who violates this section is presumed to have acted

in bad faith. A tenant who in bad faith violates this section is

liable to the landlord for an amount equal to three times the

rent wrongfully withheld and the landlord's reasonable attorney's

fees in a suit to recover the rent.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.109. LIABILITY OF LANDLORD. (a) A landlord who in bad

faith retains a security deposit in violation of this subchapter

is liable for an amount equal to the sum of $100, three times the

portion of the deposit wrongfully withheld, and the tenant's

reasonable attorney's fees in a suit to recover the deposit.

(b) A landlord who in bad faith does not provide a written

description and itemized list of damages and charges in violation

of this subchapter:

(1) forfeits the right to withhold any portion of the security

deposit or to bring suit against the tenant for damages to the

premises; and

(2) is liable for the tenant's reasonable attorney's fees in a

suit to recover the deposit.

(c) In an action brought by a tenant under this subchapter, the

landlord has the burden of proving that the retention of any

portion of the security deposit was reasonable.

(d) A landlord who fails either to return a security deposit or

to provide a written description and itemization of deductions on

or before the 30th day after the date the tenant surrenders

possession is presumed to have acted in bad faith.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

SUBCHAPTER D. PREMISES CONDITION, MAINTENANCE, AND REPAIRS

Sec. 94.151. WARRANTY OF SUITABILITY. By executing a lease

agreement, the landlord warrants that the manufactured home lot

is suitable for the installation of a manufactured home during

the term of the lease agreement.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.152. LANDLORD'S MAINTENANCE OBLIGATIONS. The landlord

shall:

(1) comply with any code, statute, ordinance, and administrative

rule applicable to the manufactured home community;

(2) maintain all common areas, if any, of the manufactured home

community in a clean and useable condition;

(3) maintain all utility lines installed in the manufactured

home community by the landlord unless the utility lines are

maintained by a public utility or political subdivision,

including a municipality;

(4) maintain individual mailboxes for the tenants in accordance

with United States Postal Service regulations unless mailboxes

are permitted to be located on the tenant's manufactured home

lot;

(5) maintain roads in the manufactured home community to the

extent necessary to provide access to each tenant's manufactured

home lot;

(6) provide services for the common collection and removal of

garbage and solid waste from within the manufactured home

community; and

(7) repair or remedy conditions on the premises that materially

affect the physical health or safety of an ordinary tenant of the

manufactured home community.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.153. LANDLORD'S REPAIR OBLIGATIONS. (a) This section

does not apply to a condition present in or on a tenant's

manufactured home.

(b) A landlord shall make a diligent effort to repair or remedy

a condition if:

(1) the tenant specifies the condition in a notice to the person

to whom or to the place at which rent is normally paid;

(2) the tenant is not delinquent in the payment of rent at the

time notice is given; and

(3) the condition materially affects the physical health or

safety of an ordinary tenant.

(c) Unless the condition was caused by normal wear and tear, the

landlord does not have a duty during the lease term or a renewal

or extension to repair or remedy a condition caused by:

(1) the tenant;

(2) a lawful occupant of the tenant's manufactured home lot;

(3) a member of the tenant's family; or

(4) a guest or invitee of the tenant.

(d) This subchapter does not require the landlord:

(1) to furnish utilities from a utility company if as a

practical matter the utility lines of the company are not

reasonably available; or

(2) to furnish security guards.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.154. BURDEN OF PROOF. (a) Except as provided by this

section, the tenant has the burden of proof in a judicial action

to enforce a right resulting from the landlord's failure to

repair or remedy a condition under Section 94.153.

(b) If the landlord does not provide a written explanation for

delay in performing a duty to repair or remedy on or before the

fifth day after receiving from the tenant a written demand for an

explanation, the landlord has the burden of proving that the

landlord made a diligent effort to repair and that a reasonable

time for repair did not elapse.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.155. CASUALTY LOSS. (a) If a condition results from an

insured casualty loss, such as fire, smoke, hail, explosion, or a

similar cause, the period for repair does not begin until the

landlord receives the insurance proceeds.

(b) If after a casualty loss the leased premises are as a

practical matter totally unusable for the purposes for which the

premises were leased and if the casualty loss is not caused by

the negligence or fault of the tenant, a member of the tenant's

family, or a guest or invitee of the tenant, either the landlord

or the tenant may terminate the lease by giving written notice to

the other any time before repairs are completed. If the lease is

terminated, the tenant is entitled only to a pro rata refund of

rent from the date the tenant moves out and to a refund of any

security deposit otherwise required by law.

(c) If after a casualty loss the leased premises are partially

unusable for the purposes for which the premises were leased and

if the casualty loss is not caused by the negligence or fault of

the tenant, a member of the tenant's family, or a guest or

invitee of the tenant, the tenant is entitled to reduction in the

rent in an amount proportionate to the extent the premises are

unusable because of the casualty, but only on judgment of a

county or district court. A landlord and tenant may agree

otherwise in a written lease.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.156. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND

TIME FOR REPAIR. (a) A landlord's liability under this section

is subject to Section 94.153(c) regarding conditions that are

caused by a tenant.

(b) A landlord is liable to a tenant as provided by this

subchapter if:

(1) the tenant has given the landlord notice to repair or remedy

a condition by giving that notice to the person to whom or to the

place where the tenant's rent is normally paid;

(2) the condition materially affects the physical health or

safety of an ordinary tenant;

(3) the tenant has given the landlord a subsequent written

notice to repair or remedy the condition after a reasonable time

to repair or remedy the condition following the notice given

under Subdivision (1) or the tenant has given the notice under

Subdivision (1) by sending that notice by certified mail, return

receipt requested, or by registered mail;

(4) the landlord has had a reasonable time to repair or remedy

the condition after the landlord received the tenant's notice

under Subdivision (1) and, if applicable, the tenant's subsequent

notice under Subdivision (3);

(5) the landlord has not made a diligent effort to repair or

remedy the condition after the landlord received the tenant's

notice under Subdivision (1) and, if applicable, the tenant's

notice under Subdivision (3); and

(6) the tenant was not delinquent in the payment of rent at the

time any notice required by this subsection was given.

(c) For purposes of Subsection (b)(4) or (5), a landlord is

considered to have received the tenant's notice when the landlord

or the landlord's agent or employee has actually received the

notice or when the United States Postal Service has attempted to

deliver the notice to the landlord.

(d) For purposes of Subsection (b)(3) or (4), in determining

whether a period of time is a reasonable time to repair or remedy

a condition, there is a rebuttable presumption that seven days is

a reasonable time. To rebut that presumption, the date on which

the landlord received the tenant's notice, the severity and

nature of the condition, and the reasonable availability of

materials and labor and of utilities from a utility company must

be considered.

(e) Except as provided by Subsection (f), a tenant to whom a

landlord is liable under Subsection (b) may:

(1) terminate the lease;

(2) have the condition repaired or remedied according to Section

94.157;

(3) deduct from the tenant's rent, without necessity of judicial

action, the cost of the repair or remedy according to Section

94.157; and

(4) obtain judicial remedies according to Section 94.159.

(f) A tenant who elects to terminate the lease under Subsection

(e) is:

(1) entitled to a pro rata refund of rent from the date of

termination or the date the tenant moves out, whichever is later;

(2) entitled to deduct the tenant's security deposit from the

tenant's rent without necessity of lawsuit or to obtain a refund

of the tenant's security deposit according to law; and

(3) not entitled to the other repair and deduct remedies under

Section 94.157 or the judicial remedies under Sections

94.159(a)(1) and (2).

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.157. TENANT'S REPAIR AND DEDUCT REMEDIES. (a) If the

landlord is liable to the tenant under Section 94.156(b), the

tenant may have the condition repaired or remedied and may deduct

the cost from a subsequent rent payment as provided by this

section.

(b) Except as provided by this subsection, the tenant's

deduction for the cost of the repair or remedy may not exceed the

amount of one month's rent under the lease agreement or $500,

whichever is greater. If the tenant's rent is subsidized in whole

or in part by a governmental agency, the deduction limitation of

one month's rent means the fair market rent for the manufactured

home lot and not the rent that the tenant pays. The governmental

agency subsidizing the rent shall determine the fair market rent.

If the governmental agency does not make a determination, the

fair market rent means a reasonable amount of rent under the

circumstances.

(c) Repairs and deductions under this section may be made as

often as necessary provided that the total repairs and deductions

in any one month may not exceed one month's rent or $500,

whichever is greater.

(d) Repairs under this section may be made only if all of the

following requirements are met:

(1) the landlord has a duty to repair or remedy the condition

under Section 94.153;

(2) the tenant has given notice to the landlord in the same

manner as prescribed by Section 92.056(b)(1) and, if required

under Section 92.056(b)(3), a subsequent notice in the same

manner as prescribed by that subsection; and

(3) any one of the following events has occurred:

(A) the landlord has failed to remedy the backup or overflow of

raw sewage inside the tenant's manufactured home that results

from a condition in the utility lines installed in the

manufactured home community by the landlord;

(B) the landlord has expressly or impliedly agreed in the lease

agreement to furnish potable water to the tenant's manufactured

home lot and the water service to the lot has totally ceased; or

(C) the landlord has been notified in writing by the appropriate

local housing, building, or health official or other official

having jurisdiction that a condition existing on the manufactured

home lot materially affects the health or safety of an ordinary

tenant.

(e) At least one of the notices given under Subsection (d)(2)

must state that the tenant intends to repair or remedy the

condition. The notice must also contain a reasonable description

of the intended repair or remedy.

(f) If the requirements prescribed by Subsections (d) and (e)

are met, a tenant may:

(1) have the condition repaired or remedied immediately

following the tenant's notice of intent to repair if the

condition involves the backup or overflow of sewage;

(2) have the condition repaired or remedied if the condition

involves a cessation of potable water if the landlord has failed

to repair or remedy the condition before the fourth day after the

date the tenant delivers a notice of intent to repair; or

(3) have the condition repaired or remedied if the condition is

not covered by Subsection (d)(3)(A) or (B) and involves a

condition affecting the physical health or safety of the ordinary

tenant if the landlord has failed to repair or remedy the

condition before the eighth day after the date the tenant

delivers a notice of intent to repair.

(g) Repairs made based on a tenant's notice must be made by a

company, contractor, or repairman listed at the time of the

tenant's notice of intent to repair in the yellow or business

pages of the telephone directory or in the classified advertising

section of a newspaper of the municipality or county in which the

manufactured home community is located or in an adjacent county.

Unless the landlord and tenant agree otherwise under Subsection

(i), repairs may not be made by the tenant, the tenant's

immediate family, the tenant's employer or employees, or a

company in which the tenant has an ownership interest. Repairs

may not be made to the foundation or load-bearing structural

elements of the manufactured home lot.

(h) Repairs made based on a tenant's notice must comply with

applicable building codes, including any required building

permit.

(i) A landlord and a tenant may mutually agree for the tenant to

repair or remedy, at the landlord's expense, any condition on the

manufactured home lot regardless of whether it materially affects

the health or safety of an ordinary tenant.

(j) The tenant may not contract for labor or materials in excess

of the amount the tenant may deduct under this section. The

landlord is not liable to repairmen, contractors, or material

suppliers who furnish labor or materials to repair or remedy the

condition. A repairman or supplier does not have a lien for

materials or services arising out of repairs contracted for by

the tenant under this section.

(k) When deducting the cost of repairs from the rent payment,

the tenant shall furnish the landlord, along with payment of the

balance of the rent, a copy of the repair bill and the receipt

for its payment. A repair bill and receipt may be the same

document.

(l) If the landlord repairs or remedies the condition after the

tenant has contacted a repairman but before the repairman

commences work, the landlord is liable for the cost incurred by

the tenant for the repairman's charge for traveling to the

premises, and the tenant may deduct the charge from the tenant's

rent as if it were a repair cost.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.158. LANDLORD AFFIDAVIT FOR DELAY. (a) The tenant must

delay contracting for repairs under Section 94.157 if, before the

tenant contracts for the repairs, the landlord delivers to the

tenant an affidavit signed and sworn to under oath by the

landlord or the landlord's authorized agent and complying with

this section.

(b) The affidavit must summarize the reasons for the delay and

the diligent efforts made by the landlord up to the date of the

affidavit to get the repairs done. The affidavit must state facts

showing that the landlord has made and is making diligent efforts

to repair the condition, and it must contain dates, names,

addresses, and telephone numbers of contractors, suppliers, and

repairers contacted by the owner.

(c) Affidavits under this section may delay repair by the tenant

for:

(1) 15 days if the landlord's failure to repair is caused by a

delay in obtaining necessary parts for which the landlord is not

at fault; or

(2) 30 days if the landlord's failure to repair is caused by a

general shortage of labor or materials for repair following a

natural disaster such as a hurricane, tornado, flood, extended

freeze, or widespread windstorm.

(d) Affidavits for delay based on grounds other than those

listed in Subsection (c) are unlawful and, if used, are of no

effect. The landlord may file subsequent affidavits, provided

that the total delay of the repair or remedy extends no longer

than six months from the date the landlord delivers the first

affidavit to the tenant.

(e) The affidavit must be delivered to the tenant by any of the

following methods:

(1) personal delivery to the tenant;

(2) certified mail, return receipt requested, to the tenant; or

(3) leaving the notice securely fixed on the outside of the main

entry door of the manufactured home if notice in that manner is

authorized in a written lease.

(f) Affidavits for delay by a landlord under this section must

be submitted in good faith. Following delivery of the affidavit,

the landlord must continue diligent efforts to repair or remedy

the condition. There shall be a rebuttable presumption that the

landlord acted in good faith and with continued diligence for the

first affidavit for delay the landlord delivers to the tenant.

The landlord shall have the burden of pleading and proving good

faith and continued diligence for subsequent affidavits for

delay. A landlord who violates this section shall be liable to

the tenant for all judicial remedies under Section 94.159, except

that the civil penalty under Section 94.159(a)(3) shall be one

month's rent plus $1,000.

(g) If the landlord is liable to the tenant under Section 94.156

and if a new landlord, in good faith and without knowledge of the

tenant's notice of intent to repair, has acquired title to the

tenant's dwelling by foreclosure, deed in lieu of foreclosure, or

general warranty deed in a bona fide purchase, then the following

shall apply:

(1) The tenant's right to terminate the lease under this

subchapter shall not be affected, and the tenant shall have no

duty to give additional notice to the new landlord.

(2) The tenant's right to repair and deduct for conditions

involving sewage backup or overflow or a cutoff of potable water

under Section 94.157(f) shall not be affected, and the tenant

shall have no duty to give additional notice to the new landlord.

(3) For conditions other than those specified in Subdivision

(2), if the new landlord acquires title as described by this

subsection and has notified the tenant of the name and address of

the new landlord or the new landlord's authorized agent and if

the tenant has not already contracted for the repair or remedy at

the time the tenant is so notified, the tenant must deliver to

the new landlord a written notice of intent to repair or remedy

the condition, and the new landlord shall have a reasonable time

to complete the repair before the tenant may repair or remedy the

condition. No further notice from the tenant is necessary in

order for the tenant to repair or remedy the condition after a

reasonable time has elapsed.

(4) The tenant's judicial remedies under Section 94.159 shall be

limited to recovery against the landlord to whom the tenant gave

the required notices until the tenant has given the new landlord

the notices required by this section and otherwise complied with

Section 94.156 as to the new landlord.

(5) If the new landlord violates this subsection, the new

landlord is liable to the tenant for a civil penalty of one

month's rent plus $2,000, actual damages, and attorney's fees.

(6) No provision of this section shall affect any right of a

foreclosing superior lienholder to terminate, according to law,

any interest in the premises held by the holders of subordinate

liens, encumbrances, leases, or other interests and shall not

affect any right of the tenant to terminate the lease according

to law.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.159. TENANT'S JUDICIAL REMEDIES. (a) A tenant's

judicial remedies under Section 94.156 shall include:

(1) an order directing the landlord to take reasonable action to

repair or remedy the condition;

(2) an order reducing the tenant's rent, from the date of the

first repair notice, in proportion to the reduced rental value

resulting from the condition until the condition is repaired or

remedied;

(3) a judgment against the landlord for a civil penalty of one

month's rent plus $500;

(4) a judgment against the landlord for the amount of the

tenant's actual damages; and

(5) court costs and attorney's fees, excluding any attorney's

fees for a cause of action for damages relating to a personal

injury.

(b) A landlord who knowingly violates Section 94.003 by

contracting with a tenant to waive the landlord's duty to repair

under this subchapter shall be liable to the tenant for actual

damages, a civil penalty of one month's rent plus $2,000, and

reasonable attorney's fees. For purposes of this subsection,

there shall be a rebuttable presumption that the landlord acted

without knowledge of the violation. The tenant shall have the

burden of pleading and proving a knowing violation. If the lease

is not in violation of Section 94.003, the tenant's proof of a

knowing violation must be clear and convincing. A mutual

agreement for tenant repair under Section 94.157(i) is not a

violation of Section 94.003.

(c) The justice, county, and district courts have concurrent

jurisdiction of an action under Subsection (a), except that the

justice court may not order repairs under Subsection (a)(1).

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.160. LANDLORD REMEDY FOR TENANT VIOLATION. (a) If a

tenant withholds rent, causes repairs to be performed, or makes

rent deductions for repairs in violation of this subchapter, the

landlord may recover actual damages from the tenant. If, after a

landlord has notified a tenant in writing of the illegality of

the tenant's rent withholding or the tenant's proposed repair and

the penalties of this subchapter, the tenant withholds rent,

causes repairs to be performed, or makes rent deductions for

repairs in bad faith violation of this subchapter, the landlord

may recover from the tenant a civil penalty of one month's rent

plus $500.

(b) Notice under this section must be in writing and may be

given in person, by mail, or by delivery to the premises.

(c) The landlord has the burden of pleading and proving, by

clear and convincing evidence, that the landlord gave the tenant

the required notice of the illegality and the penalties and that

the tenant's violation was done in bad faith. In any litigation

under this subsection, the prevailing party shall recover

reasonable attorney's fees from the nonprevailing party.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.161. AGENTS FOR DELIVERY OF NOTICE. A managing agent,

leasing agent, or resident manager is the agent of the landlord

for purposes of notice and other communications required or

permitted by this subchapter.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.162. EFFECT ON OTHER RIGHTS. The duties of a landlord

and the remedies of a tenant under this subchapter are in lieu of

existing common law and other statutory law warranties and duties

of landlords for maintenance, repair, security, suitability, and

nonretaliation, and remedies of tenants for a violation of those

warranties and duties. Otherwise, this subchapter does not affect

any other right of a landlord or tenant under contract, statutory

law, or common law that is consistent with the purposes of this

subchapter or any right a landlord or tenant may have to bring an

action for personal injury or property damage under the law of

this state. This subchapter does not impose obligations on a

landlord or tenant other than those expressly stated in this

subchapter.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

SUBCHAPTER E. TERMINATION, EVICTION, AND FORECLOSURE

Sec. 94.201. LANDLORD'S REMEDY FOR EARLY TERMINATION. (a)

Except as provided by Subsection (b), the maximum amount a

landlord may recover as damages for a tenant's early termination

of a lease agreement is an amount equal to the amount of rent

that remains outstanding for the term of the lease and any other

amounts owed for the remainder of the lease under the terms of

the lease.

(b) If the tenant's manufactured home lot is reoccupied before

the 21st day after the date the tenant surrenders the lot, the

maximum amount the landlord may obtain as damages is an amount

equal to one month's rent.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A

landlord has a duty to mitigate damages if a tenant vacates the

manufactured home lot before the end of the lease term.

(b) A provision of a lease agreement that purports to waive a

right or to exempt a landlord from a liability or duty under this

section is void.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.203. EVICTION PROCEDURES GENERALLY. (a) A landlord may

prevent a tenant from entering the manufactured home lot, evict a

tenant, or require the removal of a manufactured home from the

manufactured home lot only after obtaining a writ of possession

under Chapter 24.

(b) If the tenant has disclosed the name of a lienholder as

provided by Section 94.054, the landlord shall give written

notice of eviction proceedings to the lienholder of the

manufactured home not later than the third day after the date the

landlord files an application or petition for a judgment for

possession.

(c) If the court finds that the landlord initiated the eviction

proceeding to retaliate against the tenant in violation of

Section 94.251, the court may not approve the eviction of the

tenant.

(d) Notwithstanding other law, a court may not issue a writ of

possession in favor of a landlord before the 30th day after the

date the judgment for possession is rendered if the tenant has

paid the rent amount due under the lease for that 30-day period.

(e) The court shall notify a tenant in writing of a default

judgment for possession by sending a copy of the judgment to the

leased premises by first class mail not later than 48 hours after

the entry of the judgment. In addition, the court shall send a

copy of the judgment to the owner of the manufactured home if the

tenant is not the owner and to any person who holds a lien on the

manufactured home if the court has been notified in writing of

the name and address of the owner and lienholder.

(f) If, after executing a writ of possession for the

manufactured home lot, the landlord removes the manufactured home

from the lot, the landlord not later than the 10th day after the

date the manufactured home is removed shall send a written notice

regarding the location of the manufactured home to the tenant at

the tenant's most recent mailing address as reflected in the

landlord's records and, if different, to the owner if the

landlord is given written notice of the owner's name and address.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.204. NONRENEWAL OF LEASE FOR CHANGE IN LAND USE. (a) A

landlord may choose not to renew a lease agreement to change the

manufactured home community's land use only if not later than the

180th day before the date the land use will change:

(1) the landlord sends notice to the tenant, to the owner of the

manufactured home if the owner is not the tenant, and to the

holder of any lien on the manufactured home:

(A) specifying the date that the land use will change; and

(B) informing the tenant, owner, and lienholder, if any, that

the owner must relocate the manufactured home; and

(2) the landlord posts in a conspicuous place in the

manufactured home community a notice stating that the land use

will change and specifying the date that the land use will

change.

(b) The landlord is required to give the owner and lienholder,

if any, of the manufactured home notice under Subsection (a)(1)

only if the landlord is given written notice of the name and

address of the owner and lienholder.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

863, Sec. 68, eff. January 1, 2008.

Acts 2007, 80th Leg., R.S., Ch.

863, Sec. 69, eff. January 1, 2008.

Sec. 94.205. TERMINATION AND EVICTION FOR VIOLATION OF LEASE. A

landlord may terminate the lease agreement and evict a tenant for

a violation of a lease provision, including a manufactured home

community rule incorporated in the lease.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.206. TERMINATION AND EVICTION FOR NONPAYMENT OF RENT. A

landlord may terminate the lease agreement and evict a tenant if:

(1) the tenant fails to timely pay rent or other amounts due

under the lease that in the aggregate equal the amount of at

least one month's rent;

(2) the landlord notifies the tenant in writing that the payment

is delinquent; and

(3) the tenant has not tendered the delinquent payment in full

to the landlord before the 10th day after the date the tenant

receives the notice.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

SUBCHAPTER F. PROHIBITED ACTS

Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may not

retaliate against a tenant by taking an action described by

Subsection (b) because the tenant:

(1) in good faith exercises or attempts to exercise against a

landlord a right or remedy granted to the tenant by the lease

agreement, a municipal ordinance, or a federal or state statute;

(2) gives the landlord a notice to repair or exercise a remedy

under this chapter; or

(3) complains to a governmental entity responsible for enforcing

building or housing codes, a public utility, or a civic or

nonprofit agency, and the tenant:

(A) claims a building or housing code violation or utility

problem; and

(B) believes in good faith that the complaint is valid and that

the violation or problem occurred.

(b) A landlord may not, within six months after the date of the

tenant's action under Subsection (a), retaliate against the

tenant by:

(1) filing an eviction proceeding, except for the grounds stated

by Subchapter E;

(2) depriving the tenant of the use of the premises, except for

reasons authorized by law;

(3) decreasing services to the tenant;

(4) increasing the tenant's rent;

(5) terminating the tenant's lease agreement; or

(6) engaging, in bad faith, in a course of conduct that

materially interferes with the tenant's rights under the tenant's

lease agreement.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.252. RESTRICTION ON SALE OF MANUFACTURED HOME. (a) The

owner of a manufactured home may sell a home located on the

leased premises if:

(1) the purchaser is approved in writing by the landlord; and

(2) a lease agreement is signed by the purchaser.

(b) Unless the owner of a manufactured home has agreed in

writing, the landlord may not:

(1) require the owner to contract with the landlord to act as an

agent or broker in selling the home; or

(2) require the owner to pay a commission or fee from the sale

of the home.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.253. NONRETALIATION. (a) A landlord is not liable for

retaliation under this subchapter if the landlord proves that the

action was not made for purposes of retaliation, nor is the

landlord liable, unless the action violates a prior court order

under Section 94.159, for:

(1) increasing rent under an escalation clause in a written

lease for utilities, taxes, or insurance; or

(2) increasing rent or reducing services as part of a pattern of

rent increases or service reductions for an entire manufactured

home community.

(b) An eviction or lease termination based on the following

circumstances, which are valid grounds for eviction or lease

termination in any event, does not constitute retaliation:

(1) the tenant is delinquent in rent or other amounts due under

the lease that in the aggregate equal the amount of at least one

month's rent when the landlord gives notice to vacate or files an

eviction action;

(2) the tenant, a member of the tenant's family, or a guest or

invitee of the tenant intentionally damages property on the

premises or by word or conduct threatens the personal safety of

the landlord, the landlord's employees, or another tenant;

(3) the tenant has materially breached the lease, other than by

holding over, by an action such as violating written lease

provisions prohibiting serious misconduct or criminal acts,

except as provided by this section;

(4) the tenant holds over after giving notice of termination or

intent to vacate;

(5) the tenant holds over after the landlord gives notice of

termination at the end of the rental term and the tenant does not

take action under Section 94.251 until after the landlord gives

notice of termination; or

(6) the tenant holds over and the landlord's notice of

termination is motivated by a good faith belief that the tenant,

a member of the tenant's family, or a guest or invitee of the

tenant might:

(A) adversely affect the quiet enjoyment by other tenants or

neighbors;

(B) materially affect the health or safety of the landlord,

other tenants, or neighbors; or

(C) damage the property of the landlord, other tenants, or

neighbors.

Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1,

2002.

Sec. 94.254. TENANT REMEDIES. In addition to other remedies

provided by law, if a landlord retaliates against a tenant under

this subchapter, the tenant may recover from the landlord a civil

penalty of one month's rent plus $500, actual damages, court

costs, and reasonable attorney's fees in an action for recovery

of property damages, moving costs, actual e