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Updated over 6 years ago on . Most recent reply

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Bill Tyler
  • Investor
  • Arlington, TX
47
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Illegal Rent Increases Before Lease Expires - Texas

Bill Tyler
  • Investor
  • Arlington, TX
Posted

I have a manufactured home in a MHP in Texas that is on a leased lot which the lease expires the end of February 2019. The MHP sold in September to a Colorado company that has a really poor reputation for their business practices.  They have now placed rent increase notices starting January 2019 on the doors of all residents (all homes are individually owned - not corporate owned).  I'm preparing to draft a response to them to inform the company that is illegal and they must honor all current leases until expiration.  Will someone please direct me to the Texas Property Code indicating this?  I've looked at Section 91 and 92 and do not seem to be finding what I need. 

Obviously, I'm not trying to start trouble - I just know from news articles, previous lawsuits, etc. that the partners that own the company don't seem care at all about the residents of their properties or local and State laws - they are only in it for the money.

Thank you!

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Ronald Rohde
#3 Commercial Real Estate Investing Contributor
  • Attorney
  • Dallas, TX
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Ronald Rohde
#3 Commercial Real Estate Investing Contributor
  • Attorney
  • Dallas, TX
Replied
Originally posted by @Greg H.:

Given the situation, is it worth it to fight?  You are in the right as you cannot increase with a valid lease in place. However, so they decide to go with a non renewal and you are forced to pay 1000s to move. Is it worth it?

 I think it depends on how he words the letter. A firm, but polite reminder of your legal rights should not cause trouble or cause a party to be afraid. If he attempts to bully or threaten class action lawsuit with treble damages, to me that is causing trouble beyond a reasonable legal right. YMMV.

Absent express language in your lease, its a common law precedent, See, e.g. Frankfurt Fin. Co. v. Treadway, 159 S.W.2d 514 (Tex. Ct. App. 1942) See, e.g., Cantile v. Vanity Fair Properties, 505 S.W.2d 654, 658 (Tex. Ct. App. – San Antonio 1973) 49 Tex. Jur. 3d Landlord and Tenant Section 50 

  • Ronald Rohde
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