Texas Property Code Chapter 94: Manufactured Home Community Tenancies

Manufactured home communities (MHCs, sometimes called “mobile home parks”) in Texas are governed by Chapter 94 of the Texas Property Code, which creates a specialized framework distinct from both residential (Chapter 92) and commercial (Chapter 93) tenancies. In DFW, manufactured-home community work is concentrated in the outer-ring counties (Collin, Denton, Ellis, Kaufman, Rockwall) and the older south Dallas County corridor, where the Chapter 94 framework governs operations distinct from typical residential leasing. The framework recognizes the unique nature of MHC tenancies: the tenant typically owns the home but rents the lot, with significant capital investment in the home that creates different relocation dynamics than ordinary residential tenancies. Chapter 94 provides specific rules for lot leases, lease termination, eviction procedure, and the tenant’s right to sell the home in place. Below, we walk through what Chapter 94 actually requires: the key differences from ordinary residential tenancies, and the practical implications for MHC operators.

How MHC tenancies differ

A typical manufactured home community tenancy involves:

• The tenant owns the manufactured home itself.
• The tenant leases the lot from the MHC operator.
• The lease covers the lot, common areas, and certain services (typically water, sewer, sometimes garbage collection, sometimes utilities).
• The home itself remains the tenant’s property and is potentially salable to other tenants or third parties.

This creates a different dynamic from ordinary residential tenancies:

Capital investment. The tenant has substantial capital invested in the home, making relocation expensive and often impractical.

Sale rights. The tenant typically has the right to sell the home in place, with the new owner potentially becoming the next lot tenant.

Park rules. The MHC typically has community rules governing common areas, behavior, and home appearance that go beyond ordinary lease provisions.

Long-term tenancies. MHC tenancies often last decades, much longer than typical residential tenancies.

Chapter 94: basic structure

Chapter 94 of the Texas Property Code addresses:

• Definitions and applicability.
• The lot lease and required disclosures.
• Rent and rent increases.
• Rules and rule changes.
• Lease termination by the operator.
• Lease termination by the tenant.
• Sale of the home by the tenant.
• Eviction procedure.
• Operator’s responsibilities for the property.
• Tenant’s responsibilities.
• Specific protections (notice rules, retaliation, etc.).

The chapter is detailed and creates substantial procedural requirements that operators must follow. Many operational issues that would be straightforward under Chapter 92 are more complex under Chapter 94.

The lot lease

Chapter 94 requires specific provisions in the lot lease, including:

• The amount of rent and the timing of payment.
• The amount of any deposit.
• The duration of the lease term.
• The community rules in effect at the time of the lease.
• The procedure for changes to community rules.
• The grounds for eviction.
• The notice procedures for adverse action.
• The tenant’s rights including the right to sell the home.

A lot lease that fails to meet the Chapter 94 requirements may be unenforceable in some respects, with default Chapter 94 rules supplying the missing terms.

Rent and rent increases

Chapter 94 imposes specific rules on rent and rent increases:

Notice requirements. Operators typically must give specific notice before rent increases (commonly 60 to 90 days).

Increase limits in some cases. Some rent increases require specific justification or comply with rule-change procedures.

Pass-through charges. Charges for utilities, services, and other items must be specifically authorized by the lease and consistent with Chapter 94’s pass-through rules.

The rent-increase rules are designed to protect tenants from sudden, large increases that would force them to relocate substantial homes.

Community rules and rule changes

The MHC’s community rules are part of the lease relationship. Chapter 94 provides:

Rules in effect at the start of the tenancy. The community rules at lease signing become part of the lease.

Rule changes. Changes require at least 30 days notice (90 days if the change would cost the tenant more than $25, under Section 94.008) and must be consistent with Chapter 94’s rule-change procedures.

Rule enforcement. Rule violations can be the basis for eviction, with proper notice and cure procedures.

Common rules include home appearance, pet limits, parking, noise, common-area use, and similar community-wide standards.

Lease termination by the operator

Operators can terminate MHC tenancies on specific grounds:

Non-payment of rent. With notice and cure procedures similar to ordinary residential.

Breach of lease provision or rule. With notice and cure procedures.

Health, safety, or sanitation violations. Often with shorter notice in serious cases.

Sale or change of use of the community. With at least 180 days notice under Section 94.204, reflecting the difficulty of relocating manufactured homes.

Other grounds specified in Chapter 94 or the lease.

The notice periods for MHC eviction are typically longer than ordinary residential evictions, reflecting the greater impact on tenants.

Tenant’s right to sell the home

A defining feature of MHC tenancies is the tenant’s right to sell the home in place. Under Chapter 94:

The operator generally cannot prohibit the sale.

The new owner typically must qualify under the operator’s standard rules and pay any applicable fees.

The operator can require approval of the new tenant similar to a normal application process.

The operator cannot effectively block sales by imposing unreasonable approval criteria.

The right to sell in place protects the tenant’s substantial capital investment in the home and prevents the operator from forcing the tenant to relocate or sell at a discount.

Eviction procedure

MHC eviction follows a hybrid procedure:

Initial notice. Operator serves notice with grounds, demand for cure (where applicable), and notice of consequences.

Cure period (where applicable). Tenant has the contractual or statutory cure period.

Notice to vacate. After failed cure, formal notice to vacate.

JP forcible detainer. Filed in JP court for the precinct where the property is located.

Trial. Subject to SB 38’s procedural framework.

Judgment and writ. Same as ordinary residential.

Special considerations for MHC evictions:

The home itself is the tenant’s property. The writ of possession concerns the lot, not the home. Removing or relocating the home is a separate process with its own procedures.

Relocation of the home. After eviction from the lot, the tenant is responsible for removing the home. Chapter 94 does not prescribe a fixed statutory relocation period, so timing follows the eviction judgment and writ of possession. The operator may charge for the lot during this period.

Sale by tenant under threat of eviction. Even during the eviction process, the tenant typically retains the right to sell the home (subject to operator’s approval of the buyer).

Operator’s responsibilities

Chapter 94 imposes responsibilities on the MHC operator including:

• Maintenance of common areas.
• Provision of contracted services (water, sewer, etc.).
• Compliance with health and safety codes for the community.
• Notice to tenants of operator’s identity and contact information.
• Maintenance of records.
• Compliance with rule-change procedures.

Failure to meet operator responsibilities can support tenant claims for damages, lease termination, or other remedies.

Federal interactions

MHC tenancies interact with several federal frameworks:

HUD manufactured home standards. Federal regulations on manufactured home construction and installation.

CARES Act. The 30-day notice requirement applies to MHC tenants in federally backed properties.

Fair Housing Act. Discrimination protections apply to MHC tenancies.

VAWA. Federal Violence Against Women Act protections apply to MHC tenants in federally subsidized communities.

USDA Rural Development. Federal subsidy programs may cover certain MHCs.

Federal frameworks add to but generally don’t displace the state Chapter 94 framework.

Common Chapter 94 mistakes

Treating MHC tenancies as ordinary residential. Chapter 94 has different notice periods, different procedures, and different tenant protections. Operators using Chapter 92 forms create procedural defects.

Ignoring the right to sell. Operators sometimes try to prevent sales of homes in place. Improper restrictions support tenant claims.

Inadequate community rules. Vague or inconsistent rules create enforcement problems and tenant defenses.

Improper rule changes. Changes without proper notice and procedure are unenforceable.

Failing to give long enough notice for sale or change of use. The longer notice requirements (at least 180 days under Section 94.204) for community closure are mandatory.

Confusing eviction from the lot with removal of the home. The home is the tenant’s property; removing it requires separate procedures.

Mishandling deposits. Chapter 94’s deposit rules are similar to but not identical to Chapter 92’s.