Eviction Protections for Texas Mobile Home Owners

Mobile home owners in Texas enjoy protections designed to ensure fair eviction processes while providing clear rights and obligations for both residents and park owners. If you own your mobile home but rent a lot in a manufactured home community, it’s important to understand the legal procedures landlords must follow and the steps you can take to protect your home. This guide explains eviction protections, notice requirements, official forms, and where to get help.

Eviction Basics for Mobile Home Owners in Texas

In Texas, the process for evicting a mobile home owner from a lot differs slightly from traditional apartment rentals. While you own your home, you’re renting the land (lot) underneath. This means special rules apply for notices, legal grounds, and timelines under the Texas Property Code - Chapter 94: Manufactured Home Tenancies^[1].

Grounds for Eviction in a Mobile Home Community

Manufactured home park owners may seek eviction and termination of your lot lease only for specific, lawful reasons, such as:

• Nonpayment of lot rent or utilities
• Violation of park rules or lease agreement
• Repeated late payments (as defined in your lease)
• Failure to maintain required insurance or licensing
• Health and safety violations

Park owners cannot evict for retaliatory or discriminatory reasons. The landlord must follow formal notice procedures and obtain a court order before removing a mobile home or resident.

Notice Requirements for Eviction

To begin the eviction process, the community owner must serve proper written notice to the mobile home owner. Notice periods are specified by state law and your lease agreement.

• Notice to Vacate (Texas Property Code § 94.206): Landlords are generally required to provide at least 60 days' written notice to terminate a manufactured home lot lease unless the eviction is for nonpayment of rent, which may require as little as 10 days' notice^[1].
• Notices must state the reason for termination and comply with Texas law on delivery (usually by hand or certified mail).

Eviction Process and Your Rights

Eviction doesn’t happen immediately after notice. If you do not leave by the deadline on the notice, the landlord must file an official eviction suit (called a "forcible detainer") in the local Justice of the Peace Court.

• The court sets a hearing and notifies you of the date. You have the right to attend, present your case, and ask legal questions.
• An eviction cannot proceed without a court order signed by a judge.
• If you lose the case and don’t move out, the landlord may seek a writ of possession, allowing a constable to remove you and your home after providing additional written notice.

Official Forms Involved

• Notice to Vacate (No Official Form Number)
  Usage: Required to terminate most manufactured home lot leases. Should clearly state the reason and how long you have to move out. For example, a park owner might give a 60-day notice for rule violations.
  See requirements for Notice to Vacate
• Petition for Eviction (Forcible Detainer) – Texas Justice Court Form
  Usage: Filed by the landlord in Justice Court if you do not vacate after notice expires. You are entitled to receive a copy and must respond by attending the hearing.
  Civil Case Information Sheet (Texas Courts)
• Appeal Bond or Pauper’s Affidavit
  Usage: If you lose the eviction case and wish to appeal, use the Appeal Bond or file a Pauper’s Affidavit if you cannot afford the bond.
  Texas Courts – Eviction Self-Help Resources

Texas Tribunal Handling Eviction Cases

Eviction hearings in Texas are held in the Justice of the Peace Court for your precinct. Visit the official Justice Court information page to find your local court and understand the process.

How to Respond if Facing Eviction

Taking prompt action can help you protect your rights and possibly avoid losing your home.

• Read all notices carefully and note deadlines.
• Gather your lease, rent receipts, and written communications.
• Attend the court hearing (bring your documents and be ready to speak).
• If you need more time or want to appeal, file the appropriate form quickly with the court.
• Contact legal aid for help if you have trouble understanding the process.

Frequently Asked Questions

1. How much notice must a mobile home park give before eviction in Texas?
   Generally, landlords must give 60 days' written notice unless you are behind on rent, which may require only 10 days.
2. Can I be evicted if I own my mobile home but rent the lot?
   Yes. Park owners can evict for lawful reasons such as nonpayment or major rule violations, but they must follow all required legal steps.
3. Where are eviction hearings held in Texas?
   Eviction cases are heard in the local Justice of the Peace Court for your area.
4. What forms may be used in the eviction process?
   You may receive a Notice to Vacate, and a Petition for Eviction may be filed with the court. If you appeal, you can use an Appeal Bond or Pauper's Affidavit.
5. Where can I get legal help with a mobile home eviction?
   Legal aid organizations, the Texas Department of Housing and Community Affairs, and the local Justice Court can provide information and assistance.

Key Takeaways

• Texas law requires written notice and a court order before evicting a mobile home owner from a rented lot.
• Always read notices carefully and respond promptly to protect your rights.
• Resources and legal help are available if you’re facing eviction in a mobile home community.

Need Help? Resources for Renters

• Texas Department of Housing & Community Affairs – Mobile home and tenant rights resources
• TexasLawHelp.org: Eviction & Tenant Rights – Free legal information and help locator
• Justice of the Peace Courts – Find your local court and eviction forms
• For direct legal aid, search for "Legal Aid of Northwest Texas" or contact local bar association services.

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1. Texas Property Code – Chapter 94: Manufactured Home Tenancies
2. Texas Department of Housing & Community Affairs – Manufactured Housing
3. Texas Justice of the Peace Courts
4. TexasLawHelp – Housing & Eviction
5. Texas Eviction Forms & Instructions

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