Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.003

WAIVER OF RIGHTS AND DUTIES.

In Force
Verified 10/28/2026 · Next check 11/4/2026
effective 4/1/2002TexasProhibited Clauses

Operative Text

Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.003
Sec. 94.003. WAIVER OF RIGHTS AND DUTIES. A provision in a lease agreement or a manufactured home community rule that purports to waive a right or to exempt a landlord or a tenant from a duty or from liability under this chapter is void. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Source: Legislative text reproduced verbatim
Plain English

Under Texas Property Code § 94.003, any clause in a lease agreement or manufactured home community rule that attempts to waive a right or release a landlord or tenant from a duty or liability established by Chapter 94 is legally void and unenforceable. The provision applies equally to both parties, meaning neither side can contractually opt out of the protections and obligations the chapter creates. This rule ensures that the statutory framework governing manufactured home communities cannot be privately contracted away.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating manufactured home communities should review their lease agreements and community rules to ensure no clause attempts to disclaim duties or liabilities imposed by Texas Property Code Chapter 94, as § 94.003 renders such clauses void. A compliant operator generally structures lease terms to work within the chapter's requirements rather than around them, since any waiver language will have no legal effect regardless of whether a resident signs it. Keeping governing documents aligned with Chapter 94 helps avoid disputes over unenforceable provisions.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 94.003, residents of manufactured home communities have statutory rights and protections under Texas Property Code Chapter 94 that cannot be signed away, even if a lease or community rule purports to waive them. If a landlord attempts to enforce a clause that disclaims a duty or liability covered by the chapter, that clause is void and generally may be raised as a defense in a legal proceeding. Tenants who believe a waiver clause is being used against them may wish to consult a tenant-rights organization or legal aid provider familiar with Texas manufactured home community law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Apr 1, 2002
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References Out

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References In

Rules and statutes that cite this regulation

Tex. Prop. Code § 94.204
Tex. Prop. Code § 94.201
Tex. Prop. Code § 94.204
Tex. Prop. Code § 94.153
Tex. Prop. Code § 94.153
Tex. Prop. Code § 94.157
Tex. Prop. Code § 94.159
Tex. Prop. Code § 94.156
Tex. Prop. Code § 94.153
Tex. Prop. Code § 94.157
Tex. Prop. Code § 94.159
Tex. Prop. Code § 94.156
Tex. Prop. Code § 94.156
Tex. Prop. Code § 94.003
Tex. Prop. Code § 94.157
Tex. Prop. Code § 94.054
Tex. Prop. Code § 94.251
Tex. Prop. Code § 94.159
Tex. Prop. Code § 94.251
Tex. Prop. Code § 94.251
Tex. Prop. Code § 94.251

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

Source Information

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Fetched:Oct 28, 2026, 02:04 PM UTC