Is the eviction process different for manufactured homes?

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The corner of the exterior of a cream-colored manufacture home with green trim.

04/14/2017 | Author: TAR Legal Staff

I’m the property manager for a manufactured-home community in which tenants rent the lots and place their own manufactured homes on them. One tenant is two months behind on his rent. How do I start the process to evict him for nonpayment of rent?

The eviction process for nonpayment of rent in a manufactured-home community in which the tenant owns the home and rents the lot is slightly different than the eviction process in which the tenant is renting the home.

Section 94.206 of the Texas Property Code requires you to give the tenant written notice that the tenant is behind on rent. If the tenant doesn’t pay the delinquent payment in full before the 10th day after the date he receives the notice, you may terminate his lease and evict the tenant.

Categories: Legal
Tags: legal, legal faq, manufactured home, manufactured housing, evictions


Comments

Sandy jordan on 04/24/2017

I had this scenario. Very difficult to get a legal opinion.  Finally got a judgement to evict. Had to wait 4 months and file a notice of abandonment.  Lender responded that loan was paid off.  This area really needs a lot of help.  Someone out there must know how to make this less painful.  Could use the help.

vera sherman on 04/24/2017

Even after reading the Texas statues (referenced by Tom)...I still can’t determine if a landlord doesn’t receive rent payments and eviction notice requirements are met…can the landlord have the manufacured home removed (to storage or wherever) legally??? Did I miss something…or maybe this just hasn’t been answered by the blogger because “it hasn’t been specifically addressed by the state legislature”, right?

Tony Allen on 04/24/2017

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.94.htm#94.206

Sorry, here is the link you need. Look for section 94.206. you can read it for yourself.

Tony Allen on 04/24/2017

The link above takes you to the Mobile home section of the Texas Property code. Have to search the page for PP 94.206

Joe on 04/24/2017

I never thought of this scenario but it is very interesting.  Why have you not answered the previous questions.  Seems like if you want to blog, you should at least give an answer when interest is shown by your readers.

Leonard Schwartz on 04/24/2017

i am just guessing.. but i imagine it’s just like an impounded car.. only much more expensive… you have home moved to storage lot and it will accrue all charges then it will be sold as per law.. OR.. better… maybe lot owner can repo the home per law and then it’s theirs.

Kellie on 04/24/2017

Please answer, i am very curious.

Lenny Schwartz on 04/14/2017

i would like to know the answer!!

Vera on 04/14/2017

So does that mean the property manager can physically (law enforcement) have the tenant’s manufactured home removed legally—-and if so, where to?


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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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