There are an estimated 4,073 mobile homes in Texas. Having lots of mobile homes in the state brings challenges. One of them is dealing with the issue of mobile home eviction in Texas.
Affordable Living But With Legal Challenges
When you own a trailer, renting space in the mobile park is a lot more affordable than renting an apartment. According to Rent Cafe, the average apartment rent in Austin is slightly more than $1,800. The rent fees in mobile parks range from $500 to $900.
Mobile homes help you save money on rent. However, manufactured-home owners face a huge problem. It is exclusion from the basic legal protection that covers tenants facing in rented houses or apartments. This includes mandatory notice periods for rent increases and evictions. It is an issue in many states, writes Sheela Kolhatkar in her recent article for The New Yorker.
About a third of mobile homes in the U.S. are located on leased lots within mobile home parks. The owners of mobile homes in those parks can evict residents. They often do this with very little warning, when they sell or close the parks. Even hundreds of thousands of residents can face eviction at once.
Facing the harsh reality, many mobile home residents find themselves at risk of eviction. Now, let's explore the challenges of dealing with mobile home eviction in Texas.
Dealing with Mobile Home Eviction in Texas
What's the difference from apartment renters going through eviction versus an owner of a mobile home? Answer: The owner of a manufactured home must sell their mobile home or move it to another site after facing eviction.
Moving the mobile home can be costly. According to the National Consumer Law Center, the expense of moving a mobile home typically falls in the $5,000 to $10,000 range. Sometimes the home owner cannot afford to move it. In which case, the best and often only good option may be to sell or donate it.
During the eviction process, individuals must follow all the rules and procedures required by Texas law.
In this post, we’ll cover the eviction process and the legal protocol from start to finish. This will help you understand your best options as a mobile home owner in Texas.
The Main Causes Mobile Home Eviction in Texas
Texas has put special statutes in place to supplement the landlord and tenant laws. This is because the landlord and tenant laws don't properly apply in a situation between a mobile home owner and the park owner who rents out the space.
These special statutes establish the requirements for the lease agreement and methods of legal action. They can be found in Chapter 94 of Texas state statutes and include the main causes for eviction, such as:
- Non-payment of rent and utilities
- Breaking of the park rules
- Failure to adhere to any other lease clauses
- End of the lease period
- Re-purposing of the park land
The failure to comply with the lease agreement, as well as the circumstances that are out of the home owner’s control, can both result in an eviction. These evictions can deeply affect the mobile home owners and the future of their homes.
Notices for Mobile Home Eviction in Texas
When mobile home owners face eviction in Texas, they must follow a legal protocol. This protocol includes the eviction notice, its delivery, and the date by which the home owner has to vacate the space.
First, the park owner has to inform the Texas mobile home owner that the lease is terminated. They must also provide the reason for it ending. The home owner must receive a “Notice to Vacate” before the park owner can file an eviction lawsuit.
Notice to Vacate
The Notice to Vacate must:
- State the number of days the tenant has to vacate.
- Indicate the tenant’s right to occupancy is being terminated or that the lease is being terminated.
- Demand that the tenant vacate by the date specified.
This notice must be delivered one of two ways, either:
- To the tenant or any person 16 years of age or older residing in the unit or
- By certified, registered, or regular mail.
Rules for Different Eviction Causes
Different rules will apply depending on the cause for eviction. For example, for certain causes such as non-payment, rule violations, and lease violations, the termination notice has a clause to fix the breach and maintain the lease.
- If this issue is a non-payment, the termination notice gives the resident 10 days to pay the park owner what they owe. If you don’t pay what is due within 10 days, the park owner can file a lawsuit to evict you.
- Typically, the park owner cannot remove the resident or resident’s home without a court order. If the resident does not move, the park owner must then file an eviction suit with the local justice of the peace court. This lawsuit is called a “Forcible Detainer” and it occurs when a person refuses to surrender possession of real property on demand.
- The park owner must give the resident at least a three-day notice before filing a forcible detainer suit, when the resident has defaulted on rent payments or holds over after the lease term expires. The three-day notice does not apply if the written or oral lease specifies a different period.
- If the resident is on a month-to-month lease and the rent-paying period is monthly or less than a month, the park owner must comply with the termination requirements. If the rent is paid every two weeks, the notice to vacate must be at least two weeks plus one day before an eviction suit can be filed.
- Lastly, if the mobile home community has been bought through foreclosure and the lease is with the previous owner, the Protecting Tenants at Foreclosure Act requires that the new owner honor the remaining term of the lease and give at least a 90-day notice to vacate before filing an eviction lawsuit.
How Does Mobile Home Eviction Work in Texas?
Texas eviction laws differ from county to county, since each county has its own court. Even though the court proceedings might look different, in general, each county follows the same eviction timeline.
The eviction process in Texas follows a protocol that begins with the resident receiving a 10-day notice to vacate either via certified mail, in person, or as a post inside the front door.
- The time given to review the notice also gives the resident an opportunity to make corrections or negotiate with the park owner. Negotiations would shortcut the legal process and give both sides a chance to come to a smooth and fast solution.
- Cash for keys would be a mutually beneficial solution in this situation. The park owner offers an amount of money to the resident and the resident agrees to leave without the court’s involvement. This saves the park owner time and headache, while the resident avoids having eviction on their record.
What Happens if Someone is Evicted from The Mobile Home Park?
If the resident makes no corrections or the park owner and resident cannot come to an agreement after 10 days, the park owner can file with their local county court. In that case, several things take place:
- The court will choose a court date, typically 21-42 days in the future, and notify both parties.
- During the court date, the judge will ask both parties questions and make a decision based on the presented evidence.
- If the eviction is awarded to the park owner, the resident is given about 5 days to actually move out.
- If the resident does not leave, the park owner should file a ‘Writ of Possession’ with the courts.
- Police officers will then get involved and visit the home within about 5 days and forcibly remove the resident.
- All personal property is to be emptied from the home, typically by the park owner and their hired help.
After the court process is over, the park owner can haul off the mobile home to a storage facility at their expense and store it for typically 60 days. During this period the resident has the right to claim the home by paying the related hauling and storage expenses.
Alternatively, the home can remain in place for 4 months, at which time the park owner can file for a title by abandonment.
An important thing to know is that the park owner could try to circumvent eviction proceedings. They can do this by harassing the mobile home owner, turning off utilities to the lot, or making it impossible to safely and conveniently live in the home. This is called a self-help eviction. Park owners are not allowed to do this and mobile home owner can take legal action against the park owner for self-help evictions.
Conclusion
Texas does not offer relocation aid after mobile park closures, but Texas residents experience “a shortened, less disruptive relocation process” compared to other states like California or Florida. Still, eviction is traumatic for low-income residents as it depletes their savings, among other things.
Different conditions must be present for the eviction to take place. Texas laws must be followed.
The resident must receive a written notice and the court has the final say, if the park owner and resident can’t come to an agreement. We highly recommend that the mobile homeowners consult a lawyer when at risk of getting evicted.
If the mobile home owners need to leave their homes because of the eviction, but cannot afford to move the trailer, the best would be to donate it before the eviction is enforced.
Whether you’re the park owner or the resident, Banyan Mobile Home Removal can help you take care of the mobile home for free, if it’s a donation. You can reach us via phone at 855-201-4840 or email and we’ll help you transport it out of the park.