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Rights of Mobile Home/RV Park Tenants in Texas

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  • Rights of Mobile Home/RV Park Tenants in Texas

    Where on the internet can I locate up-to-date information on the rights, if any, of Mobile Home owners who rent their site in Mobile Home parks in the State of Texas.
    Any information would be appreciated.

  • #2
    Re: Rights of Mobile Home/RV Park Tenants in Texas

    Lawyers.com: Leasing a Mobile Home & Mobile Home Park Space

    For the most part, renting or leasing a mobile home and a space in mobile home park are similar to any other residential lease, but there are some important distinctions. Many states have specific laws that govern and control rentals of mobile homes and spaces in mobile homes parks. This is so, primarily, because of the unique nature of mobile homes: the tenant usually owns the home, which is typically quite large, and once set up in a park, the home is not really "mobile." So, because it's difficult to pick up the home and move the home, the tenant and landlord-the park owner-are not on equal footing when it comes to disputes, such as rent increases.

    Some states don't have such laws, and in those that do, there can be some very significant differences. Before you enter into a lease, it's very important that you check the mobile home laws in your area, or get some help from an attorney experienced in real estate law.
    • Lease Provisions
    • Parties' Duties
    • What if the Park Closes?
    • Subletting, Transferring, or Selling of Tenants' Mobile Homes
    • Questions for Your Attorney


    Read more:
    Leasing a Mobile Home & Mobile Home Park Space


    Related Resources on Lawyers.com

    State Real Property Codes & Statutes Websites:
    Lawyers.com State Real Property Codes & Statutes Websites

    Landlord & Tenant Help:
    Lawyers.com Community


    Related Q&A from the Answers.com

    Q: Is a mobile home park considered private property and can the state laws affect mobile home rules?
    A: WikiAnswers


    Q: If you own your mobile home what happens if you are evicted from the mobile home park you are renting a lot from and you dont have the money to move it?
    A: WikiAnswers


    Q: If a mobile home is not attached to Texas real property and I default on the mobile home what can the mortgage holder do?
    A: WikiAnswers


    See also...

    Manufactured Homeowners Who Rent Lots Lack Security of Basic Tenants Rights
    [A report prepared by Consumers Union Southwest Regional Office February 2001]

    State Laws

    There are over 1,300 manufactured housing communities in Texas. Some of the larger communities are owned or controlled by manufacturing companies like Palm Harbor, Champion, or Clayton Homes. The larger multi-state corporations are used to working under regulation. As of 2000, 37 states had regulations covering landlord-tenant relations relating to mobile home owners.

    Clayton runs 75 manufactured home communities across the country, including 26 in Texas. These communities lease land to new manufactured home buyers. Other national or multinational companies operate parks here as well. Most larger new parks are run by large companies or development funds. The Austin Edition of the 2000 Manufactured Housing Community & Land Guide lists only seven parks currently leasing spaces in Austin (there are dozens of parks in the city). Of those seven parks, all of them are owned by companies based out of state.

    The 37 states with laws governing lot rentals have recognized the potential problems faced by lease-less tenants. Illinois requires landlords to offer a 1 year lease option with automatic renewal unless landlord has good cause to terminate. Arizona limits unreasonable community rules. Florida requires one year notice before closure of a park. Oregon prevents a landlord from forcing a home from the park based on age, architectural style or original materials, if the home meets the codes of the date of manufacture. These states and many others provide a wide range of protections to their mobile home park residents.

    Texans purchased more manufactured homes than residents of any other state in 1999, and our state has more parks then all but two other states.(16) In fact, Texans bought more homes than people in 25 other states combined - 25 states, of which 22 have laws covering mobile home park residents. Despite the prevalence of manufactured homes here, people who lease the land but own their home have neither the legal protections afforded homeowners, nor those afforded conventional renters. They fall between the cracks.
    Read more:
    Manufactured Homeowners Who Rent Lots Lack Security of Basic Tenants Rights (report)

    Comment


    • #3
      Re: Rights of Mobile Home/RV Park Tenants in Texas

      To the original poster: I've just read that a landlord is required by law, as of 2002, to give at least 60 days notice if they want you to move your home. If the land use intent changes and the new owners want you out, then it is a 180 day time frame. Still quite unsettling and discomforting, but we DO have rights afforded to us by law; however, it truly infuriating that someone like me, an incidental resident of a mobile home park with substandard plumbing, has to sweet talk a landlord into fixing a raw sewage leak that has bubbled up underneath my home three times now since April 2009. I am NOT trash, as the American public seems to so willingly think, and my home and yard are immaculately maintained. However, since my foriegner landlord seems to think that she is still in her homeland, she is an abusive tyrant. My home is my own, our rent is paid. I have other people's waste underneath my home at this very moment. The odor is horrific and I do believe this is why my eyes are irritated and my throat is sore. The first sewage leak made me sick for three days and my family couldn't even eat in our house. She was notified last night about it and I am still waiting on a phone call with intent to send a plumber my way. It just seems that Texas law in this situation truly needs a huge overhaul- but until residents of mobile home parks can show others that we are not "trailer trash", the cities in this state will just be okay with our mistreatment- this was made quite evident to me by my city's rapid development of site- built homes and the mention of mobile home value vs. site built value in a city hall meeting. If my town could throw us away, they would... in a heartbeat. I never intended to be a resident of a mobile home park... this was to be a temporary stop with plans to look for land when my husband deployed. 12 years later, I am still here. My home and yard are the nicest in the park due to my own backbreaking efforts to provide a memorable childhood for my children- yet I have POOP under my house and am being made to wait by a landlord with a third- world upbringing . The irony of my situation does not escape me- we have served America proudly and with honor- yet I am living on a piece of land with third world tendencies right in the middle of this great country of ours... and legally have virtually no leg to stand on. It would take me four to six months to move everything we've accumulated. A 60 day notice is not nearly enough; 180 days is pushing it, too. Well, I'm off to take a Motrin for the fume- induced headache I now have...

      Comment


      • #4
        Re: Rights of Mobile Home/RV Park Tenants in Texas

        You need to send written notice to the LL of your repair request. Send it certified mail, return receipt requested. Keep a copy and the postcard that comes back. Why go to all this trouble for something that is obvious? Because it creates a paper trail that serves as evidence of the LL's negligence! Then call the local health department immediately to have the owner cited for health and safety violations. (Or whatever department handles these in your area.) If the LL does not handle these promptly, s/he will receive a fine for each day and you may be able to sue him/her.

        Comment


        • #5
          Re: Rights of Mobile Home/RV Park Tenants in Texas

          Where can I find information when it comes to RV's and RV Park Tenants in Texas? Any information will be great as to what rights do we who full time RV have?

          Comment


          • #6
            Re: Rights of Mobile Home/RV Park Tenants in Texas

            An RV park would fall under the same category as vacation rentals or motels. This is not considered to be a full-time residential rental. These RVs are mobile and are not a permanent location to live, as considered by state laws. Check for state laws on hotels or vacation rentals. I think you will find that you do not have all the same protections as residential tenants since they are not permanent places. The reasoning behind this is because you could "unplug" and drive out at any time.

            Comment


            • #7
              Re: Rights of Mobile Home/RV Park Tenants in Texas

              My situation is a bit different. I live with my boyfriend in his RV, along with my 2 boys. He all of a sudden came up Friday night and said 'I've got an apartment, so you need to find a place by Wednesday, I'm moving the RV somewhere else'.

              Are the tenant and resident laws the same regarding RVs if you have lived in one for more than 6 months at a specific address? I would think it would be the same as being locked out of an apartment. This is my residence, and I would hope there is something I can do to keep him from just up and pulling it away.

              If anyone has any specific information about this, could you please let me know? Tomorrow is when he is planning this. My neighbor said to call the police when he tried, but I'd like to know my rights before I make a huge scene for nothing.

              Comment


              • #8
                Re: Rights of Mobile Home/RV Park Tenants in Texas

                Definitely call the police if he tries this. You have residency rights and he must give you the amount of notice as a month to month tenant before expecting you to leave. In TX, this means he has to give you one month's notice prior to expecting you out. You should expect to be able to show residency at this address by mail addressed there, a driver's license with that address, utility bills, or some other proof that you live there. Get these together tonight. Show these to police and prove that you live there. He cannot just take your home away, even if it falls under vacation rentals.

                Comment


                • #9
                  Re: Rights of Mobile Home/RV Park Tenants in Texas

                  I agree--I run a park in AZ.

                  Comment


                  • #10
                    Re: Rights of Mobile Home/RV Park Tenants in Texas

                    I'm staying on a RV park in texas. I stayed here 6 mo last year the rent was $280.00 plus electric. I came back this year to stay and the owners raised the rent to $570.00 electric included. I stayed 1 mo. and now moving to a more reasonable park. But talking to other tennants I found out that they were paying the same as last year. Last year my elec was about $130.00 per month. I can only guess the landlord is charging me for electricty I'm not using is that legal?

                    Comment


                    • #11
                      Re: Rights of Mobile Home/RV Park Tenants in Texas

                      Sure it is. The LL can charge whatever rent he wants to any tenant who will pay it unless it falls under rent control laws. Unless you had a continuing lease from one year to the next, rents can increase. When you left and terminated your lease, the new lease can be written under new terms. And no law says that all tenants must pay the same rent, unless your rent was increased for discriminatory reasons. Neighboring tenants in 2 identical units can be charged two different rents. Just as 2 buyers can pay 2 different prices for identical cars, it is whatever price he can get for it.

                      Comment


                      • #12
                        Re: Rights of Mobile Home/RV Park Tenants in Texas

                        Originally posted by Unregistered View Post
                        I'm staying on a RV park in texas. I stayed here 6 mo last year the rent was $280.00 plus electric. I came back this year to stay and the owners raised the rent to $570.00 electric included. I stayed 1 mo. and now moving to a more reasonable park. But talking to other tennants I found out that they were paying the same as last year. Last year my elec was about $130.00 per month. I can only guess the landlord is charging me for electricty I'm not using is that legal?
                        A LL's can charge you whatever they want, as long as you agree to pay it. If the LL want to charge $5,000.00 per month they can, but you must want to pay. If you are in a lease, complete the contract and give thirty days notice to move (or what your contract says) It is a good idea to give notice to move out when you pay rent on the 1st of the month. If allowed give notice to move the last month of the contract. Also, all LL's are required to give you at least 30 days notice if the rent in going up. If you do move, before you sign up, check out the new property. Talk to the residents, drive the property at night about 11:00pm and see whats going on (drinking, parties, etc.) and look at the grounds and other aspects of the new place, Is there trash, grounds clean, dead cars?? Good Luck.

                        Comment


                        • #13
                          Re: Rights of Mobile Home/RV Park Tenants in Texas

                          No law says tenants of identical units (or lots) have to pay the same rate. The one on the left can pay $300, the one on the right can pay $600 of the LL can get someone to pay that rate. The laws of supply and demand rule renting. The LL can charge whatever price he can get a tenant to pay, providing they have no lease guaranteeing them a set rate.

                          Comment


                          • #14
                            Re: Rights of Mobile Home/RV Park Tenants in Texas

                            Looking for a little help. As a park owner if I have prk own fema RV's and rent them by the day week or month and someone is late on rent what is the procedure in Texas for eviction. Do I still fall under the same rules as the motel and vacation law?

                            Comment


                            • #15
                              Re: Rights of Mobile Home/RV Park Tenants in Texas

                              what do I have to do to remove a tenant from a rv park?

                              Comment

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