Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.202
LANDLORD'S DUTY TO MITIGATE DAMAGES.
Operative Text
Sec. 94.202. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant vacates the manufactured home lot before the end of the lease term.(b) A provision of a lease agreement that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Under Texas Property Code § 94.202, when a tenant leaves a manufactured home lot before the lease term ends, the landlord is legally required to take reasonable steps to reduce the financial losses that result — such as attempting to re-rent the lot. Any clause in a lease that tries to waive this duty or shield the landlord from it is automatically void and unenforceable. This rule applies specifically to manufactured home lot rentals governed by Chapter 94 of the Texas Property Code.
Plain English — not legal advice.
Under § 94.202, operators of manufactured home lot communities in Texas are expected to make reasonable efforts to find a new tenant when a lot becomes vacant before a lease expires, rather than simply allowing losses to accumulate and billing the departing tenant for the full remaining rent. Compliant operators typically document their re-leasing efforts — such as advertising the lot and showing it to prospective tenants — to demonstrate that mitigation steps were taken. Lease provisions that attempt to eliminate or limit this duty are void under the statute and should not be included in rental agreements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 94.202 of the Texas Property Code gives manufactured home lot tenants a meaningful protection: if you vacate before your lease ends, your landlord cannot simply sit back and demand rent for the entire remaining term without trying to re-rent the lot. If a landlord pursues you for unpaid rent after an early departure, the landlord's failure to mitigate damages may be raised as a defense in any resulting legal proceeding. Tenant-rights organizations in Texas can help you understand how this duty applies and what options may be available to you.
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.
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