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Abandoned Mobile Homes: How Landlords Can Legally Demolish Structures
Dealing with an abandoned mobile home is a legal minefield for Texas landlords. You can’t simply hook up a tractor and tear it down the day the tenant stops paying rent. In 2026, the legal process is governed by a strict combination of the Texas Occupations Code and the Property Code. At HouseDemoTX, we often act as the final step in this process. Here is the legal roadmap for landlords to move from "abandoned eyesore" to a "clear lot."
MOBILE HOME DEMOLITION
1/30/20262 min read
Abandoned Mobile Homes: How Landlords Can Legally Demolish Structures
(Disclaimer: Not A Lawyer. Not legal advise. Provided to educate you on the general process required to demolish an abandoned mobile home.)
To legally demolish a mobile home you don't own, you must first "acquire" the title through the state’s abandonment process. If you skip these steps, you could be sued for "conversion" (illegal destruction of property), even if the home is a rotted wreck.
Step 1: Meet the "Four-Month" Rule
Under Texas Occupations Code §1201.217, you cannot declare a home abandoned until:
The home has been continuously unoccupied for at least four months.
The rent or indebtedness related to the lot lease is delinquent.
Step 2: The "Notice of Intent" (The Paper Trail)
You must send a formal Notice of Intent to Declare the Home Abandoned via certified mail, return receipt requested, to:
The Record Owner of the home.
All Lienholders listed on the Statement of Ownership (SOO).
The Tax Assessor-Collector for the county.
Pro Tip: In 2026, HouseDemoTX recommends using a private investigator or a specialized "skip tracer" if the owner's last known address is a P.O. Box. The law requires a "reasonable effort" to locate them.
Step 3: The 45-Day Waiting Period
Once the notices are postmarked, the clock starts. The owner or lienholder has 45 days to:
Pay the delinquent rent.
Remove the home from your property.
If they do nothing within those 45 days, their legal rights to the home are extinguished.
Step 4: Applying for the "Affidavit of Abandonment"
After 45 days of silence, you apply to the Texas Department of Housing and Community Affairs (TDHCA) for a new Statement of Ownership.
You must submit Form 1073 (Affidavit of Fact for Abandonment) along with proof of your certified mailings.
Once approved, the state issues a new title in your name (the landlord). Now, and only now, do you legally own the structure.
Step 5: The Final Demolition
Once the title is in your name, the home is yours to do with as you wish.
The Benefit: You can now pull a demolition permit in your own name.
The Risk: If you demolished the home before this process, a lienholder (like a bank) could show up six months later and sue you for the remaining value of their collateral.
2026 Landlord Legal Checklist
Legal Requirement Status Why it Matters
Certified Mail Receipts Mandatory Proof for the TDHCA that you attempted contact.
Tax Lien Search Crucial You may be liable for back taxes before you can demo.
Utilities Capped Safety Prevents "accidental" fires during the 45-day wait.
Eviction vs. Abandonment Choice Eviction gets the person out; Abandonment gets the title.
Legal Warning: If the home contains "hazardous conditions" (structural collapse, extreme mold), you may be able to fast-track removal through local Code Enforcement as a "public nuisance." However, this usually requires a city inspector to condemn the property first.
Clear Your Land the Right Way
Don't let an abandoned unit hold your property value hostage. HouseDemoTX works with landlords to ensure every scrap of an abandoned home is hauled away legally and safely.