Mobile home eviction rules in Texas

Texas's Manufactured Home Tenancies chapter (Tex. Prop. Code Ch. 94) limits the grounds for eviction, sets a cure period for nonpayment, requires long notice for a change of land use, and bars retaliation. The information below describes how the law generally works; anyone facing a specific notice should consider consulting a licensed attorney in Texas.

What the statute says

Under Tex. Prop. Code §94.205, "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." For nonpayment, §94.206 allows termination and eviction only if (1) the tenant fails to pay "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 ... before the 10th day after the date the tenant receives the notice." A change of land use requires, "not later than the 180th day before the date the land use will change," written notice to the tenant, the home's owner, and any lienholder, plus a posted notice (§94.204). Retaliation is barred for six months by §94.251, and §94.003 makes any waiver of these rights void.

How it works in general

A Texas park can evict a resident for violating the lease (including incorporated community rules) or for nonpayment — but for nonpayment, the resident must be at least one month behind, must get written notice, and has 10 days to pay in full and stop the eviction. Closing the park for a change of land use is the slowest path: the park has to give 180 days' written notice to the resident, the home's owner, and any lienholder, and post a notice in the community. The park can't retaliate against a resident who exercises a legal right, asks for repairs, or complains in good faith to a government agency or utility — for six months after the resident's action. The eviction lawsuit itself proceeds in court (justice court) under the general eviction rules.

Common scenarios

General examples Texas park residents commonly encounter:

• A resident falls behind on rent. The park must give written notice and a 10-day cure once at least one month's rent is owed (§94.206).
• A park plans to redevelop the land. A change of land use requires 180 days' notice to the resident, owner, and lienholder (§94.204).
• A resident is threatened after complaining to a code office. Retaliation is barred for six months (§94.251).

Other authorities that may apply

The Manufactured Home Tenancies chapter (Tex. Prop. Code §§94.204–94.206, 94.251) sets the grounds, notice, and anti-retaliation rules; the eviction action proceeds in justice court under the general forcible-detainer rules (Property Code Ch. 24 and the Texas Rules of Civil Procedure). Federal protections such as the Servicemembers Civil Relief Act and the Fair Housing Act can also apply.