When it comes to renting a lot in Texas—whether for a mobile home, manufactured home, or other purposes—questions about rent increases are common and often urgent.
One of the most pressing concerns for tenants is whether a landlord can raise the lot rent in the middle of a lease term.
This article provides a comprehensive, well-researched answer to that question, clarifying Texas law, lease agreements, and what both tenants and landlords should expect.
The Legal Foundation: Lease Agreements as Binding Contracts
In Texas, a lease agreement is a legally binding contract between the landlord and the tenant. This contract outlines the terms of the tenancy, including the amount of rent, the duration of the lease, and any other obligations or rights of both parties.
Once both parties sign the lease, its terms are enforceable by law.
Key Principle:
A lease cannot be changed in the middle of the lease term unless both parties agree to the change. This includes any increase in rent or new fees that would require the tenant to pay more than originally agreed.
This means that if you have a fixed-term lease—such as a one-year lease for your lot—the landlord cannot unilaterally increase the rent during that period.
Any attempt to do so without your consent is not legally enforceable.
What About Month-to-Month Tenancies?
The rules are different for tenants who do not have a fixed-term lease and instead rent on a month-to-month basis. In these cases, Texas law allows landlords to increase the rent, but only after providing proper notice.
While Texas does not have a statewide law specifying the exact notice period, the standard practice is to give at least 30 days’ written notice before the increase takes effect.
Example:
If you are renting a lot on a month-to-month basis and your landlord wants to raise the rent, they must notify you in writing at least 30 days before the new rent amount is due.
If you have a fixed-term lease, however, the rent cannot be increased until the lease expires, unless you agree to the change.
No Statewide Rent Control, But Lease Terms Prevail
Texas is known for its landlord-friendly laws. There are no statewide rent control laws, and landlords are generally free to set rent at whatever level the market will bear
However, this freedom is limited by the terms of the lease. If the lease specifies a certain rent amount for a set period, that amount cannot be changed mid-lease without the tenant’s agreement.
Important Note:
Cities in Texas can only establish rent control ordinances in very limited circumstances, such as during a declared state of disaster, and even then, such ordinances are rare.
What Happens If a Landlord Tries to Raise Rent Mid-Lease?
If a landlord attempts to increase the lot rent during a fixed-term lease without the tenant’s agreement, the tenant is within their rights to refuse the increase.
The landlord cannot legally evict the tenant for nonpayment of the unauthorized increase, nor can they impose late fees for failing to pay the higher amount.
However, if the tenant is on a month-to-month lease, refusing to pay the increased rent after proper notice can lead to eviction proceedings.
In such cases, the landlord must follow the legal process, which typically involves serving a notice to vacate and, if necessary, filing for eviction in court.
Real-World Example: The Consequences of Refusing a Rent Increase
Consider the case of Maria, a 62-year-old mobile home owner in Central Texas. Maria received a notice that her lot rent would increase from $450 to $700 in 30 days.
Believing the increase was unfair, she continued to pay the original amount.
Because Maria was on a month-to-month lease, the court ultimately sided with the landlord, and Maria was forced to move out of her home at great personal expense
Lesson:
If you are on a month-to-month lease, refusing to pay a properly noticed rent increase can result in eviction and significant financial hardship.
If you have a fixed-term lease, you have stronger legal grounds to challenge a mid-lease increase.
What Should Tenants Do If Faced With a Mid-Lease Rent Increase?
- Review Your Lease:
- Carefully read your lease agreement to determine whether it allows for mid-term rent increases. Most standard leases do not.
- Negotiate With Your Landlord:
- If your landlord requests a rent increase, try to negotiate. You may be able to reach a compromise, such as phasing in the increase or securing a longer lease at a lower rate
- .
- Document Everything:
- Keep written records of all communications with your landlord regarding rent increases. If you dispute the increase, send a formal letter outlining your position.
- Seek Legal Advice:
- If you believe your landlord is violating your lease, consult with a legal aid organization or attorney. Texas has several organizations that provide free or low-cost legal assistance to tenants
What Should Landlords Know?
Landlords must respect the terms of the lease.
Attempting to raise rent mid-lease without the tenant’s agreement can expose the landlord to legal challenges and potential liability.
The proper time to increase rent is at the end of the lease term, with appropriate notice given to the tenant. For month-to-month leases, landlords should provide at least 30 days’ written notice before increasing rent.
Clear communication and documentation are essential to avoid disputes.
Final Thoughts: Knowledge Is Your Best Defense
In summary, lot rent cannot be increased mid-lease in Texas unless both the landlord and tenant agree to the change. For fixed-term leases, the rent amount is locked in for the duration of the lease.
For month-to-month tenancies, landlords can increase rent with proper notice, and tenants must decide whether to accept the new terms or move out. Refusing to pay a rent increase without understanding your lease and the law can lead to eviction, late fees, and financial stress.
The best approach is to know your rights, communicate openly, and seek legal help if needed. By staying informed and proactive, both tenants and landlords can avoid costly disputes and ensure a fair rental experience.