Manufactured-Home Community Lease
Notice to Tenant: Chapter 94 of the Texas Property Code governs certain rights granted to a manufactured-home community tenant and obligations imposed on a
manufactured-home community landlord by law.
Basic Information
Date:
Landlord:
Landlord’s Address:
Landlord’s Agent for Official Notices:
Address of Landlord’s Agent for Official Notices:
Property Manager:
Property Manager’s Address:
Emergency Contact Person:
Emergency Contact Person’s Telephone Number:
Tenant:
Tenant’s Primary Residential Address:
Tenant’s Manufactured Home
Manufacturer:
Model:
Serial Number:
Label/Seal Number:
Certificate of Title Number:
Size:
Lienholder:
Lienholder’s Address:
Premises
Manufactured Home Community Name:
Lot Number:
[Block Number:]
Plat Recording Information:
Lot Address:
Number and Location of Parking Spaces:
Monthly Rent:
Term (months):
Commencement Date:
Termination Date:
Security Deposit:
Permitted Use: Placement of Tenant’s Manufactured Home for use as a private residence
Occupants (other than Tenant):
Utilities to Be Provided by Landlord:
Identification of Addenda Relating to Submetering of Utility Services:
[Expiration Date of Temporary Zoning Permit:]
A.Definition
“Rent” means Monthly Rent plus any other amounts of money payable by Tenant to Landlord.
B.Tenant’s Obligations
B.1.Tenant agrees to—
B.1.a.Lease the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.
B.1.b.Accept the Premises in their present condition “AS IS,” the Premises being currently suitable for Tenant’s intended Use.
B.1.c.Obey all laws and rules of the Manufactured Home Community relating to Tenant’s use and occupancy of the Premises and any common areas.
B.1.d.Pay monthly, in advance, on the first day of the month, the Monthly Rent to Landlord at Landlord’s Address.
B.1.e.Pay, as additional Rent, all other amounts due under this lease.
B.1.f.Pay a late charge of 5 percent of any Rent not received by Landlord by the tenth day of the month in which it is due.
B.1.g.Pay for all utility services used by Tenant and not provided by Landlord.
B.1.h.Allow Landlord to enter the Premises to perform Landlord’s obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants.
B.1.i.Repair any damage to the Premises caused by Tenant or Occupants.
B.1.j.Submit in writing to Landlord any request for repairs, replacement, and maintenance that are the obligations of Landlord.
B.1.k.Maintain insurance on Tenant’s manufactured home and personal property.
B.1.l.Move out of the Premises at the end of the Term.
B.1.m.Pay Rent by check, money order, or other traceable or negotiable instrument.
B.1.n.Give written notice to Landlord of any change in Tenant’s Primary Residential Address.
B.2.Tenant agrees not to—
B.2.a.Use the Premises other than for the placement of Tenant’s Manufactured Home as a residence to be occupied by the named Tenant and Occupants.
B.2.b.Create or permit a nuisance or interfere with any other tenant’s use of its Premises.
B.2.c.Alter the Premises.
B.2.d.Allow a lien to be placed on the Premises.
B.2.e.Assign this lease or sublease any portion of the Premises without Landlord’s written consent.
C.Landlord’s Obligations
Landlord agrees to—
C.1.Lease to Tenant the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.
C.2.Obey all laws relating to Landlord’s operation of the Manufactured Home Community.
C.3.Provide the utilities specified in the lease.
C.4.Use reasonable efforts to maintain and make repairs to the common areas, utility lines in the Manufactured Home Community except those maintained by a public utility or political subdivision, the roads within the Manufactured Home Community, and conditions on the Premises that would materially affect the physical health or safety of an ordinary tenant of the Manufactured Home Community and to maintain an individual mailbox for Tenant and services for garbage and solid waste removal. Landlord will not be required to repair a condition unless Tenant notifies Landlord of the condition and Tenant has paid all Rent then due. Landlord will not be required to repair conditions caused by Tenant or Occupants, unless caused by normal wear and tear, and Landlord will not be required to maintain or make any repairs to Tenant’s Manufactured Home placed on the Premises.
C.5.Return the Security Deposit to Tenant on or before the thirtieth day after the date Tenant surrenders the Premises, after subtracting from the Security Deposit all amounts applied to cure any breach of the lease by Tenant as provided below, provided that Tenant has given Landlord written notice of Tenant’s new address.
C.6.At least sixty days before the date the Term expires, give Tenant written notice to vacate the Premises or an offer of lease renewal specifying the proposed monthly rent and any change of lease terms together with a statement notifying Tenant that the failure of Tenant to reject the offer of lease renewal not later than the thirtieth day before the date the Term expires will result in the automatic renewal of this lease as modified by the changes specified in the offer of lease renewal.
C.7.At least 180 days before a change of the Manufactured Home Community’s land use, (a) give written notice of nonrenewal to Tenant and, if the addresses are provided to Landlord in writing, to the owner of the Manufactured Home, if different from Tenant, and any Lienholder; and (b) post a notice in a conspicuous place in the Manufactured Home Community, specifying the date that the land use will change.
D.General Provisions
Landlord and Tenant agree to the following:
D.1.Casualty/Condemnation. If the Premises or the Tenant’s Manufactured Home is damaged by fire or other casualty or the Premises are condemned, either Landlord or Tenant may terminate this lease by notifying the other. Any Rent prepaid by Tenant will be returned to Tenant on termination.
D.2.Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this lease within thirty days after written notice and failing to remedy a condition that materially affects the physical health or safety of an ordinary tenant within ten days after written notice, unless such condition results from Tenant’s actions.
D.3.Default by Landlord/Tenant’s Remedies. Tenant’s remedies for Landlord’s default are to sue for damages and, if Landlord does not remedy a condition (not resulting from Tenant’s actions) that materially affects the physical health or safety of an ordinary tenant for thirty days after notice, terminate this lease. Tenant may not terminate under this paragraph while in arrears for Rent.
D.4.Grounds for Eviction of Tenant. Landlord may begin eviction proceedings against Tenant if Tenant fails to remove Tenant’s Manufactured Home from the Premises and otherwise vacate the Premises, after Landlord terminates this lease for one of the following grounds:
D.4.a.Violation of Lease Provisions or Community Rules. Tenant’s failure to comply within ten days after written notice with any provision of this lease or any rule of the Manufactured Home Community established by Landlord.
D.4.b.Abandonment. Tenant’s vacating or abandoning of Tenant’s Manufactured Home or the Premises.
D.4.c.Nonpayment of Rent. Tenant’s failure to timely pay Rent in the aggregate amount equal to at least one Monthly Rent within ten days after written notice of the delinquent Rent.
D.5.Landlord’s Recovery of Rent and/or Damages for Tenant’s Default
D.5.a.If Tenant is in arrears on the payment of Rent and Landlord has terminated Tenant’s possession, Landlord may sue Tenant for Rent as it accrues and periodically take judgments without prejudice to sue for Rent that may accrue in the future. Landlord has a duty to mitigate Rent as follows: within thirty days of Landlord taking possession, (i) place a “For Lease” sign at the Premises, (ii) place the leased Premises on Landlord’s inventory of available space, (iii) make Landlord’s inventory available to area brokers on a monthly basis, (iv) advertise the Premises for lease in a suitable trade journal or newspaper in the county where the Premises are located at least once per month, and (v) show the Premises to prospective tenants who request to see it. Landlord is only under a duty to show the Premises as built and for the remainder of the Term of the lease. If Landlord has made these mitigation efforts, Landlord and Tenant agree that Landlord has made objectively reasonable efforts to mitigate the loss of Rent as a result of the default of Tenant.
D.5.b.If Tenant has anticipatorily breached the lease and Landlord has terminated the lease, Landlord may sue Tenant for damages for Rent that may accrue for the remainder of the Term of the lease. The measure of damages is the difference between the Rent for the remainder of the Term and the fair market value of the Premises discounted to its present value. Nothing in this section shall prevent Landlord from suing for Rent as it accrues under D.5.a. above and suing for damages for Rent that will accrue through the end of the lease Term under this section.
D.6.Security Deposit. If Tenant defaults, Landlord may use the Security Deposit to pay arrears of Rent, to repair any damage or injury, or to pay any expense or liability incurred by Landlord as a result of the default.
D.7.Renewal of Lease. If Tenant fails to reject Landlord’s offer to renew this lease at least thirty days before the expiration of the Term, this lease will automatically renew under the modified terms offered by Landlord beginning on the first day after expiration of the Term.
D.8.Holdover. If Tenant does not vacate the Premises following termination of this lease, Tenant will become a tenant at will and must relocate Tenant’s Manufactured Home and otherwise vacate the Premises on receipt of notice from Landlord. Unless this lease is renewed, no holding over by Tenant, whether with or without the consent of Landlord, will extend the Term.
D.9.Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filing a suit for damages.
D.10.Attorney’s Fees. If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney’s fees and court and any other costs.
D.11.Venue. Venue is in the county in which the Premises are located.
D.12.Entire Agreement. This lease, its exhibits and riders, [and] any addenda relating to submetering of utility services [include if applicable: , and the Manufactured Home Community rules] are the entire agreement of the parties concerning the lease of the Premises by Landlord to Tenant. Landlord has not made and does not make any representations about the commercial suitability, physical condition, layout, footage, expenses, or operation of the Premises or any other matter affecting or relating to the Premises and this agreement, except as specifically set forth in this lease. As an inducement to Landlord to enter into this lease, Tenant expressly acknowledges and warrants that no such representations have been made and Tenant is not relying on any representations not contained in this lease, its exhibits, riders, [and] addenda [include if applicable: , and rules].
D.13.Amendment of Lease. This lease may be amended only by an instrument in writing signed by Landlord and Tenant.
D.14.Limitation of Warranties. There are no implied warranties of suitability, of merchantability, of fitness for a particular purpose, or of any other kind arising out of this lease, and there are no warranties that extend beyond those expressly stated in this lease.
D.15.Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be given (whether received or not) the earlier of receipt or three business days after being deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mail, personal delivery, courier delivery, or e-mail and will be effective when received. Any address for notice may be changed by written notice given as provided herein.
D.16.Texas Property Code. Landlord and Tenant each acknowledge that chapter 94 of the Texas Property Code, which deals with manufactured-home community tenancies, affords certain rights and imposes certain duties on them.
D.17.Abandoned Property. Landlord may retain, destroy, or dispose of any property abandoned on the Premises at the end of the Term.
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Attach exhibits, riders, or addenda or include additional clauses or lists as deemed necessary, e.g., community rules or clauses from form 25-13 in this chapter. |
[Name of landlord]
[Name of tenant]