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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38217
Experience:  17 years real estate, Realtor. Landlord 26 years
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Texas Law question: Owner's agent has sent me an Email to vacate

Customer Question

Texas Law question: Owner's agent has sent me an Email to vacate 2 of my 4 lots in his Mobile Home Park.
I am month to month WITHOUT BENEFIT of a Lease.
He verbally claims that the septic system for those two units has failed and cannot be repaired. We have had back up sewer problems since April, 2016.
Doesn't he have to file a formal Eviction? This is going to be a great financial hardship on my 2 Tenants and myself to move these Mobile Homes.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Tenant rights in a mobile home park are extensively set out Chapter 94 of the Texas Property Code specifically covering these parks, called "manufactured home communities". .If there is no failure to pay rent or other violation of the lease, a notice to vacate must be sent "not later than" 60 days before the current lease term expires. So if you are month to month, then the landlord must give you at least 60 days to move if he wants to terminate the tenancy. TX Property Code 94.055.Even after that notice period expires, the landlord would have to file a formal eviction action in court to get a judgment and writ that would allow him to have the sheriff force you to move. That typically takes another 3-4 weeks depending on the court's and sheriff's schedules..However, if he wanted you to move earlier, under the statute, he would have to pay for any moving expanses and relocation costs..(d) Notwithstanding Subsection (a), the landlord may request a tenant to vacate the leased premises before the end of the notice period prescribed by Subsection (a) only if the landlord compensates the tenant in advance for relocation expenses, including the cost of moving and installing the manufactured home at a new location...thanksBarrister