Introduction
Eviction from a mobile home park in Texas is serious, with unique rules that differ from standard apartment or house rentals. Whether you own your mobile home and rent the lot or lease both, understanding your rights and the legal process is crucial. This 2025 guide explains the eviction laws for mobile homes in Texas, including notice requirements, court procedures, and what to do if you’re facing eviction.
Who Is Covered by Texas Mobile Home Eviction Laws?
Texas Property Code Chapter 94 specifically covers tenants who lease a lot in a manufactured home community (a park with four or more lots for manufactured homes). Different laws may apply if you rent a mobile home, not the land, or live on private property.
Grounds for Eviction in Texas Mobile Home Parks
A landlord can seek to evict a mobile home tenant for several reasons, including:
- Nonpayment of rent or fees
- Violation of lease terms or community rules
- Expiration or non-renewal of the lease
- Change of land use (with proper notice)
- Other material breaches of the lease agreement
However, the landlord must follow strict legal procedures and cannot evict for retaliatory reasons (such as you filing a complaint about park conditions).
Required Notices and Timelines
1. Nonpayment of Rent
- The landlord must give a written “delinquent payment” notice at least 10 days before issuing a notice to vacate.
- After 10 days, a 3-day notice to vacate is required before filing for eviction in court (unless your lease specifies a different period).
2. Lease Violations (Other Than Nonpayment)
- The landlord must provide at least a 3-day notice to vacate (unless the lease requires more).
3. Non-Renewal of Lease
- The landlord must give at least 60 days’ written notice of intent not to renew the lease.
4. Change of Land Use
- The landlord must provide 6 months’ notice if the park is closing or changing use.
The Eviction Process Step-by-Step
- Notice to Vacate:
- The landlord must deliver the proper written notice (see above for timelines).
- Filing an Eviction Suit:
- If the tenant does not comply, the landlord files a “Forcible Detainer” lawsuit in Justice of the Peace Court.
- Court Hearing:
- Both parties present their case. Bring all documents, receipts, and witnesses.
- Judgment:
- The judge decides whether the eviction is granted. If the landlord wins, the tenant has 5 days to appeal.
- Writ of Possession:
- If no appeal is filed, the landlord can request a writ of possession on the 6th day after judgment. The constable will give a 24-hour notice before removing the tenant.
- Special Rule:
- If the tenant pays all rent due for the next 30 days, the court may delay the writ of possession for 30 days.
Tenant Rights and Protections
- Written Lease: You are entitled to a written lease and a copy of the community rules.
- Notice: Landlords must write all required notices and follow the correct timelines.
- Retaliation Protection: Landlords cannot evict you for filing complaints or joining a tenants’ association within 6 months of your action.
- Right to Appeal: You have 5 days after judgment to appeal the eviction.
- Utilities: Landlords generally cannot cut off utilities to force you out, except in specific circumstances outlined in your lease.
- Legal Remedies: If your landlord violates Chapter 94, you may sue for damages, penalties, and attorney’s fees.
What Happens After an Eviction Judgment?
- If you do not appeal, the landlord can obtain a writ of possession after 5 days.
- The constable will give you a 24-hour notice before physically removing you.
- If you cannot move your mobile home, the landlord is not required to pay for relocation.
- Sometimes, paying the next month’s rent can delay removal by 30 days.
FAQs
Q1: Can a landlord evict me without going to court?
No. All evictions must go through the court process. Self-help evictions are illegal.Q2: How much notice must I get before eviction for nonpayment?
You must receive a 10-day delinquent payment notice, then a 3-day notice to vacate.
Q3: What if I lose my eviction case?
You have 5 days to appeal. If you do not, the landlord can get a writ of possession, and the constable will remove you after a 24-hour notice.
Q4: Can my utilities be shut off if I don’t pay rent?
Generally, no. Landlords cannot cut off essential utilities to force an eviction unless your lease allows it explicitly, and proper notice is given.
Q5: What if the park is closing?
You must receive at least 6 months’ notice if the park changes land use or closes.
Pro Tip:
If you receive any eviction notice, respond quickly and keep all documentation. Attend your court hearing with all relevant evidence. For legal help, contact the Texas Department of Housing and Community Affairs (TDHCA) or a local legal aid organisation. Need More Help?