Brenham, TX asked in Consumer Law and Landlord - Tenant for Texas

Q: Been in rv park in breham tx It has been paying on the 6th for 10 months. Under motel laws what are my tenants rights

I have been paying monthly for 8 months in the motels laws of Texas it states that after 30 days you are conceder a tenant and must be evicted

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The answer to your question depends on whether you are a tenant or guest under your contract with the RV park. The question of whether RV occupants are tenants or guests is an important one and depends on the circumstances of the occupancy. In Texas, most RV parks operate like apartment complexes. That is, they require RV tenants to sign written leases for periods of a year or more.

When a lease or rental contract is signed, it establishes a landlord-tenant relationship giving the tenant a general and exclusive right to possession during the term of the lease. A landlord cannot throw out a person with an exclusive right to possession of the real property at issue. That means that a park owner who wants to remove a tenant from the park has to do so by filing an eviction lawsuit with a justice court.

However, some RV parks operate like hotels, giving RV "guests" traveling through a temporary place to pass some time. The RV occupants do not have exclusive possession but only a nonexclusive license to use the premises for a given amount of time. That license is granted at will and can be withdrawn at any time. In Texas, the owner of an RV park that functions as a hotel does not have to initiate eviction proceedings before removing the RV owner from the premises. The manager or owner may eject the RV after reasonable notice.

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