Much confusion surrounds mobile home evictions, which is to be expected given the complexities involved. Many are simply unsure of their rights and responsibilities, whether they’re landlord or tenant.
If you are a landlord or a tenant facing mobile home eviction issues, understanding the legal framework involved will help the process go more smoothly. As a landlord, you may need to take eviction action for many reasons, including:
- Nonpayment of rent
- Criminal activity
- Unsanitary conditions
- Dangerous conditions
Whatever the reason, understanding your rights — and your tenant’s rights — is paramount to conducting an eviction legally.
Understanding the Mobile Home Eviction Process in Texas
When a landlord has the right to evict, they must follow procedures that make up the legal framework for eviction. Failure to do so can lead to financial and legal repercussions. In all cases, the law seeks to protect vulnerable tenants while respecting the rights of property owners.
Legal Requirements for Mobile Home Eviction in Texas
Precise legal requirements govern mobile home eviction in Texas. Landlords and homeowners would do well to hire an experienced attorney to ensure they comply with these rules and to protect themselves from liability.
Notice to Vacate
A notice to vacate is an official notice from the landlord to a tenant that the tenant must vacate a mobile home or property within a certain period of time. Tenants who are late on rent payments have the right to a ten-day notice to vacate the premises or cure the default.
For cases involving lease non-renewals, the mobile home eviction laws in Texas require the landlord to provide tenants with 60 days’ notice. If the property upon which the mobile home sits is to be sold, the tenant gets 180 days.
Filing an Eviction Lawsuit (Forcible Detainer Suit)
If the tenant does not cure the issues, the landlord can file a forcible detainer lawsuit in the county court. A court date will be set about a month in the future, and on that day, both sides will present arguments to a judge, who will scrutinize evidence such as leases, payment evidence, and evidence of breach or compliance.
Writ of Possession
Landlords may be granted a writ of possession after obtaining a favorable judgment in an eviction lawsuit. With a writ, a landlord may have the mobile home and tenants removed after a small grace period after the court’s ruling.
Factors That Complicate the Mobile Home Eviction Process in Texas
A couple of factors can make the eviction process more complicated.
Ownership of the Mobile Home vs. Lot
When a tenant rents both the lot and the mobile home, they have no ownership interests at stake besides their personal property interests. As such, they would be treated similarly to a tenant of an apartment.
When a tenant rents the lot but owns the mobile home, their property rights come into play, adding an extra dimension of rights for the landlord to consider.
Abandoned Mobile Homes
Sometimes, tenants simply abandon their mobile homes. Landlords may not sell them or move them until they get a writ of possession or seek to declare the home abandoned. Obtaining a declaration of abandonment requires the landlord to prove that:
- The mobile home has been abandoned for four continuous months
- The debt owed is delinquent
The landlord must also notify various parties of their intent to declare the mobile home abandoned, including the owner and lienholders. Once a waiting period has passed, the owner may then file for title to the mobile home.
Alternatives to Mobile Home Eviction
Although you may have the right to initiate eviction proceedings against a tenant, negotiating with them instead may yield surprising results.
Negotiating With Tenants
As a landlord with the authority to evict in a certain case, you may benefit from exploring one or more of the following alternatives with your tenant:
- Payment plan for back rent or fees
- Work-for-rent trade
- Cash-for-keys unit buyout
Which of these alternatives is most appropriate depends on the circumstances of each case. Often, landlords have already made financial concessions and simply want the problematic tenant gone.
Mobile Home Removal Services
Mobile home removal services are an efficient way for owners to remove mobile homes from parks and avoid eviction. Removal services help you donate your mobile home, repurpose it, or have it demolished, freeing you from the duty to dispose of it. Learn how it works!
Frequently Asked Questions
How Long Does the Texas Mobile Home Eviction Process Take?
The eviction process in Texas could take from a week or two to months. If a tenant vacates upon receiving notice, the process is over rather quickly. If going to court is necessary, it can take at least a month.
What Are My Rights as a Landlord or Property Owner in Texas During the Eviction Process?
Tenants have the right to notice and the right to cure at many stages of the eviction process for mobile homes in Texas. A landlord’s failure to honor these rights will impinge on the landlord’s own rights, such as the right to freely exercise dominion over their property.
What Happens if the Tenant Abandons the Mobile Home?
If a tenant abandons a mobile home, the landlord of the property (assuming the tenant was renting the lot) may file for title by abandonment.
Can I Remove the Mobile Home Myself After Eviction?
If you have a writ of possession after an eviction lawsuit, you can remove the mobile home or contact us, a removal services company, to remove it for you.
Eviction Guidance and Representation You Deserve
In Texas, mobile home tenants have strong rights. Texas law requires landlords to follow specific procedures during evictions. If you are seeking eviction guidance, mobile home removal, or donation, Banyan Mobile Home Removal can help. Call for a consultation and information about free mobile home removal services in Texas!