Can Mobile Home Parks Charge Extra Fees in Texas?

Table of Contents

Introduction

Mobile home parks are vital to Texas’s affordable housing landscape, offering flexibility and community to thousands of residents. However, many tenants are surprised that their monthly lot rent is just the beginning—extra fees can add up quickly and sometimes feel arbitrary or unfair. If you’re wondering, “Can mobile home parks charge extra fees in Texas?” you’re not alone. This article provides a comprehensive, up-to-date, and well-researched look at legal fees, how they must be disclosed, and what you can do if you believe you’re being charged unfairly.

What Are Extra Fees in Mobile Home Parks?

Extra fees are any charges assessed by the park owner or management not included in your base lot rent. While lot rent covers the right to place your manufactured home on a specific lot, extra fees can include utilities, maintenance, amenities, administrative costs, and more. These fees may be one-time, recurring, or based on usage.

Key Points:

Extra fees are separate from your monthly lot rent.
They can significantly impact your total housing costs.
All extra fees should be clearly outlined in your lease agreement.

Legal Framework: Texas Property Code and Fee Regulations

State Law Overview

Texas law, specifically Texas Property Code Title 8, Chapter 94, governs the relationship between mobile home park owners and tenants. While the law is clear about rent increases (requiring at least 60 days’ written notice and prohibiting retaliatory increases), it is less prescriptive about extra fees. However, several critical legal principles apply:

Disclosure: All fees must be disclosed in the lease agreement. Hidden or undisclosed fees may be considered unlawful.
Notice: If a new fee is introduced or an existing fee is increased, the landlord must provide written notice, typically at least 60 days, mirroring the rent increase notice period.
No Statewide Cap: Texas does not have rent control or a cap on extra fees, but fees must not be excessive, retaliatory, or discriminatory.
Retaliation Prohibited: Under Section 94.251, it is illegal for a landlord to impose new or increased fees in retaliation for a tenant exercising their legal rights (such as filing a complaint or joining a tenants’ association).

Local Ordinances

Some Texas cities or counties may have additional rules or tenant protections. Always check your local ordinances for any extra requirements or restrictions.

Common Types of Extra Fees in Texas Mobile Home Parks

Mobile home park residents in Texas may encounter a variety of extra fees. Here’s a table summarizing the most common types:

Fee Type	Description
Utility Fees	Charges for water, sewer, electricity, and trash. May be flat-rate or usage-based.
Maintenance Fees	For upkeep of common areas, landscaping, or road repairs.
Pet Fees	One-time or monthly charges for having pets.
Parking Fees	For extra parking spaces or storage of RVs, boats, or trailers.
Late Payment Fees	Penalties for late rent or fee payments.
Amenity Fees	Charges for use of pools, clubhouses, fitness centers, etc.
Administrative Fees	For processing applications, renewals, or paperwork.
Move-In/Move-Out Fees	For moving your home into or out of the park, including setup/teardown.

Why Are These Fees Charged?

Parks may charge extra fees to cover the cost of services not included in base rent, to maintain shared amenities, or to offset administrative expenses. However, all such fees must be reasonable and clearly outlined in your lease.

Disclosure, Notice, and Tenant Rights

Fee Disclosure

Lease Agreement: All extra fees must be listed in your lease. If a fee is not in your lease, you may have grounds to dispute it.
Written Notice: If the park introduces a new fee or increases an existing one, you must receive written notice, typically at least 60 days in advance.

Tenant Rights

Right to Know: You have the right to know about all fees before signing a lease.
Right to Dispute: If you believe a fee is unfair, excessive, or not adequately disclosed, you can dispute it.
Protection from Retaliation: Landlords cannot evict or penalize you for disputing fees or exercising your rights.

How to Dispute Unfair or Unlawful Fees

If you believe you’ve been charged an unfair or undisclosed fee, take these steps:

Review Your Lease: Check if the fee is mentioned and whether the landlord followed proper notice procedures.
Communicate with Management: Politely ask for clarification or justification for the fee. Many disputes can be resolved through direct communication.
Document Everything: Keep records of all communications, notices, and receipts related to the fee.
Send a Formal Dispute Letter: Clearly state your concerns and request a written response.
Seek Mediation: Many Texas counties offer dispute resolution centres that can mediate between tenants and landlords.
Contact Advocacy Groups: Organizations like the Texas Department of Housing & Community Affairs (TDHCA) and Texas RioGrande Legal Aid can provide guidance and legal support.
File a Complaint: If necessary, file a complaint with the TDHCA or your local housing authority.
Legal Action: You may take the dispute to small claims court as a last resort.

Practical Tips to Avoid or Minimise Extra Fees

Read Your Lease Carefully: Understand every fee before signing. Ask for clarification on anything unclear.
Negotiate Upfront: Some fees, like application or move-in charges, may be negotiable.
Request a Fee Breakdown: Ask for a detailed list of all potential fees.
Maintain Your Lot: Avoid maintenance or rule violation fees by keeping your property in good condition.
Pay On Time: Set up automatic payments to avoid late fees.
Join a Tenant Association: Collective bargaining can help keep fees reasonable.
Compare Parks: Shop around for parks with transparent and reasonable fee structures.

Frequently Asked Questions (FAQs)

Can mobile home parks increase fees without notice?

No. Texas law requires landlords to provide written notice—typically at least 60 days—before increasing rent or adding new fees, unless your lease specifies otherwise.

Are there any limits on the fees?

There are no statewide fee caps, but they must be reasonable, disclosed, and not retaliatory or discriminatory. Excessive or hidden costs can be challenged under Texas consumer protection laws.

What should I do if I disagree with a fee?

Start by reviewing your lease and communicating with management. If the issue is unresolved, escalate to mediation, file a complaint with the TDHCA, or seek legal assistance.

What resources are available if I need help?

Organizations like the Texas Department of Housing & Community Affairs (TDHCA), Texas RioGrande Legal Aid, and the HUD Mobile Home Complaint Office can provide support and guidance.

Conclusion

While Texas mobile home parks can charge extra fees, necessary legal requirements and tenant protections are in place. The key to avoiding surprises is to read your lease carefully, stay informed about your rights, and take action if you believe a fee is unfair. By being proactive and utilizing available resources, you can protect yourself from excessive or hidden charges and enjoy the benefits of living in a mobile home in Texas.

External Resources

This article is for informational purposes only and does not constitute legal advice. Always consult your lease and local laws for the most accurate guidance.