Mobile home park fees in Texas

Texas's Manufactured Home Tenancies chapter (Tex. Prop. Code Ch. 94) controls park fees through up-front disclosure, a 30-day deposit refund, a ban on normal-wear deductions, and a ban on forced sale commissions. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in Texas.

What the statute says

The lease must disclose every charge: under Tex. Prop. Code §94.053(c) it must contain "the rental amount," the payment interval and due date, "any late charge or fee or charge for any service or facility," and "the amount of any security deposit." On the deposit, §94.103(a) requires the landlord to "refund the security deposit not later than the 30th day after the date the tenant surrenders the manufactured home lot," and §94.105 provides that the landlord may deduct only amounts the tenant is "legally liable" for, "may not retain any portion of a security deposit to cover normal wear and tear," and must give "a written description and itemized list of all deductions." A late-payment penalty is allowed only if stated in the lease (§94.056). And §94.252(b) bars a forced sale commission unless the owner agreed in writing. Section 94.003 makes any waiver of these rights void.

How it works in general

A Texas park has to put every charge in the lease — rent, late fees, service fees, and the deposit — so a resident sees them before signing. The security deposit has to come back within 30 days of surrendering the lot, with an itemized list of any deductions, and the park can't keep any of it for ordinary wear and tear. A late fee is allowed only if the lease provides for it. The park can't force a resident to use it as the sales agent or pay it a commission when the home is sold unless the resident agreed to that in writing. And because §94.003 voids any waiver, a lease clause trying to give up these protections has no effect.

Common scenarios

General examples Texas park residents commonly encounter:

• A deposit isn't refunded. It's due within 30 days, with an itemized list of deductions (§94.103, §94.105).
• A park keeps the deposit for ordinary wear. That's barred (§94.105(b)).
• A park demands a sale commission. Barred unless the owner agreed in writing (§94.252(b)).

Other authorities that may apply

The Manufactured Home Tenancies chapter (Tex. Prop. Code §§94.053, 94.056, 94.103, 94.105, 94.252) governs disclosure, the deposit, late fees, and sale commissions; §94.003 voids any waiver. Federal law can apply in particular situations.