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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37083
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I reside in a mobile home park in south Texas, and according

Customer Question

I reside in a mobile home park in south Texas, and according to Texas law, Texas Property Code Section 94 effective in 2002, mobile home parks are REQUIRED to have a written rental agreement and/or lease for their tnants for a minimum period of six months. The Code is also very specific that a "park handbook" of rules is NOT a substitute for a rental agreement or lease.

Not only is our park, (owned by an out-of-state corporation), NOT in compliance with the code section, an informal survey of a dozen mobile home parks in the area revealed than NONE of them are currently following the law.

I have fallen behind on my rent, and in oreder to qualify for ANY rental assistance program, who HAVE TO HAVE A RENTAL AGREEMENT OR LEASE.

In addition, some tenants are on submeters for their utility bill, (approximately 6-7 lots per submeter), so our names are XXXXX XXXXX the utility bill. (We pay the park directly.) This means that we can't get help paying our utilities either because our names aren't on the utility bill.

Can I write "paid uder duress - no rental agreemtn" in the memo portion of the check?

Is there action action we can take, short of going to court?

Can a landlord evict if THERE'S NOT A RENTAL AGREEMENT?

Thanks!
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, you cannot generally compel a person to enter into a contract with you. I realize that the law expressly states tht a contract must be in writing, but that does not take place, the courts will create an implied agreement and essentially treat you as month-to-month tenants. That means that if you remain on premises, there is no 'duress'--you are required to pay rents for the period of time you use the premises. But on the check you can state the time period for which you are providing payment. You cannot compel them to issue you a contract short of going to court and showing the judge that they are not in compliance and therefore demanding that the judge compel them to create formal agreements.

And yes, a landlord can still evict if there is no agreement--you are treated as 'month-to-month' tenants so if you pay on time, he can give you a 30 day written notice, or if you fail to pay, give you a 3 day written notice to you as you would be considerd as being under an 'oral rental agreement':

http://law.onecle.com/texas/property/24.005.00.html

Customer: replied 1 year ago.


What about the fact that the park is already under investigation byt a state agency, the Texas Workforce commission, for non-compliance of existing law (discrimination)?


 


Doesn't the 3-day notice have to be personally served, or can they just leave it taped to my door?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. I will respond to both issues separately.

The fact the park is under investigation does not limit their ability to pursue evictions. It just potentially grants a claim to the other party that the eviction is being done in retaliation, and as a consequence is illegal under state law. But if the eviction is based on valid grounds (such as nonpayment), then the landlord has the right to evict.

The three day notice can be legally served in one of three ways (either would be acceptable). It can be sent by certified mail, it can be physically served by someone who is 18 or over, or it can be affixed to the door. In this case, having the notice affixed to the door is sufficient and counts as valid notice.

Good luck.

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