If you live in a mobile home park in Texas, you might feel overwhelmed by fees. Some are listed in your lease, while others seem to pop up out of nowhere — late fees, utility markups, “processing charges,” and more.
But here’s the good news: not all fees are legal.
In this 2025 guide, we’ll break down exactly which fees are illegal in Texas mobile home parks, how to spot unlawful charges, and what you can do if your landlord tries to sneak them in.
✅ What Does Texas Law Say About Mobile Home Park Fees?
Texas mobile home parks are governed by the Texas Property Code – Chapter 94, which outlines the rights and responsibilities of both tenants and park owners.
While park owners can charge reasonable fees related to services they provide, there are clear limits. Any fee that’s not authorized by law or not disclosed in your lease may be illegal.
🚫 1. Hidden or Undisclosed Fees Are Illegal
Texas law requires that all charges — including fees — be disclosed in writing in the lease agreement.
📜 According to Section 94.052 of the Texas Property Code:
“A landlord may not collect a fee unless the amount and purpose of the fee is disclosed in the written lease.”
Illegal Example:
- You’re charged a “community beautification fee” that was never mentioned in your lease. That’s illegal.
Legal Example:
- If your lease includes a clause for a $25 monthly pet fee, and you agree to it, it’s enforceable.
🕒 2. Excessive Late Fees Are Restricted
One of the most common complaints among mobile home tenants is high late fees.
Under Section 94.004 of the Property Code:
- Landlords can charge a reasonable late fee, but…
- It must be listed in the lease
- It cannot exceed a certain percentage of the monthly rent
📌 2025 Rule of Thumb: Late fees over 10% of the monthly rent may be considered excessive, especially if they’re not tied to actual losses.
🔌 3. Marking Up Utility Charges Is Often Illegal
In many parks, landlords bill tenants for water, electricity, or gas. But are they allowed to mark up these costs?
Here’s what Texas law says:
- Landlords can only charge tenants what the utility company charges them — plus a small administrative fee if the lease allows it.
- No “profit” or extra markup is allowed.
📑 Cited from the Texas Water Code and Public Utility Commission rules.
Illegal Example:
- Your water bill is $70, but the landlord’s actual bill per unit is $40. That $30 difference? Not allowed unless your lease explicitly states a flat-rate surcharge.
🚧 4. “Access” or “Gate” Fees Without Justification
Some mobile home parks charge tenants for:
- Gated access cards
- Security systems
- Use of clubhouse or pool
These fees may be legal — but only if:
- They are clearly outlined in your lease
- The amenity is available and functional
📌 You cannot be charged for amenities that don’t exist, don’t work, or are constantly closed.
📦 5. Move-In or Move-Out “Processing” Fees
Some parks charge so-called:
- “Administrative setup fees”
- “Move-in orientation charges”
- “Paperwork handling fees”
Unless these are:
- Listed in the lease
- Disclosed before you move in
- Reasonable in amount
…they are likely unenforceable or illegal under Texas landlord-tenant law.
🛑 If it smells like junk fees, it probably is.
🔍 6. Unlawful “Pass-Through” Fees from Ownership Changes
Sometimes when a park is sold to a new owner, residents suddenly receive notices of:
“New fee structure under new management.”
⚠️ Reminder: New owners must honor the existing lease. They can’t just tack on new fees mid-term.
📑 Under Section 94.201, lease terms survive a transfer of park ownership.
🐾 7. Illegal or Excessive Pet Fees
While pet deposits and monthly pet rent are generally legal, Texas law frowns upon:
- Excessive pet fees not tied to actual damages
- Charging for service animals (which are not pets under the law)
📌 Under the Americans with Disabilities Act (ADA) and Fair Housing Act, landlords cannot charge pet fees or deposits for service or emotional support animals.
👨⚖️ 8. Retaliatory or Punitive Fees
Let’s say you:
- Filed a complaint
- Joined a residents’ association
- Reported a code violation
If your landlord suddenly hits you with a new “parking fee” or “compliance inspection charge,” that’s likely retaliation.
🛑 Retaliatory fees are illegal under Section 94.251 of the Texas Property Code.
🧾 What to Do If You’re Charged an Illegal Fee
Step 1: Review Your Lease
✅ Is the fee listed?
✅ Is the amount stated?
✅ Is the purpose clear?
Step 2: Request a Written Explanation
Ask your park manager:
“Please provide a written breakdown of this charge, including legal justification.”
Step 3: Dispute in Writing
Send a formal fee dispute letter (we can help draft one).
Step 4: File a Complaint
- Texas Department of Housing & Community Affairs (TDHCA)
- Call: 877-313-3023
📄 Sample Dispute Letter (Free Template)
Need help pushing back? Use our free downloadable template:
📥 Download: Illegal Fee Dispute Letter Template – Texas 2025 (PDF)
Just fill in your details and send it by certified mail to your landlord.
💬 FAQs – Texas Mobile Home Park Fees
Q: Can a park charge for trash pickup?
A: Yes — if it’s disclosed in the lease and not excessively priced.
Q: What about parking fees?
A: Only if your lease mentions it. Otherwise, it’s likely unenforceable.
Q: Is sales tax allowed on rent or utilities?
A: No. Rent is not taxable in Texas, and utility charges can’t be taxed unless you’re reselling as a utility provider.
📌 Final Thoughts: Know Your Rights
Living in a mobile home park doesn’t mean giving up your rights. Many park owners rely on tenants not knowing the law — but you’re now one step ahead.
By understanding which fees are illegal, you can protect yourself and your community from unfair practices.