Mobile Home Park Tenants Rights

Information About Property Assessment

155. If a tenant is obligated to pay a landlord an amount to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home owned by the tenant and the landlord obtains information from the Municipal Property Assessment Corporation with respect to the value of the mobile home for assessment purposes, the landlord shall promptly provide the tenant with a copy of that information. 2006, c. 17, s. 155 .

Duties And Responsibilities Of Tenant In Mobile Home Park

Whether imposed by state law or lease, tenants in mobile homes must ordinarily:

• pay rent on time
• keep that part of the mobile home park that they occupy and use reasonably clean, safe, and functional
• not deliberately or negligently destroy, deface, damage, impair, or remove any part of the mobile home park or knowingly permit any person to do so
• not interfere with other tenants’ peaceful enjoyment of the mobile home park, and
• otherwise obey all park rules.

Additional duties may be found in applicable state law and the lease agreement.

Suspension Of Tenant’s Obligation To Pay

A tenant’s obligation to pay the landlord an amount to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home owned by the tenant is suspended, and the landlord shall not require the tenant to pay that amount, if,

the landlord has failed to comply with subsection with respect to the most recent information obtained by the landlord from the Municipal Property Assessment Corporation or

the landlord has not, in the previous 12 months, obtained written information from the Municipal Property Assessment Corporation with respect to the value of the mobile home for assessment purposes.

2006, c. 17, s. 155 .

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Manufactured/ Mobile Home Landlord

The following information highlights rental agreements and their role in a manufactured/mobile home landlord-tenant relationship, as well as the rights and duties of both the landlord and tenant. It further summarizes how either party may end a rental agreement under the Manufactured/Mobile Home Landlord Tenant Act.

Some Steps Toward Relief

The difficulties being faced by manufactured-home park tenants in many parts of the country highlight the fact that these residents lack the same protections as home and apartment renters.

Recognizing this, some states have taken steps to help people in manufactured-home parks. Colorado, for instance, passed a bill in early June to do that.

U.S. Rep. Cindy Axne , meanwhile, has been leading efforts nationally to provide greater protections. In June, she introduced two bills aimed at protecting residents of manufactured-housing communities. Among other things, the bills would toughen the requirements on park owners to show good cause for evictions, and require grace periods for late payments and longer notice requirements for rent increases.

It would also provide grant money for residents cooperatives to buy and preserve their local manufactured-home parks. They are growing in number , there are at least 1,000 of them now, covering about 2% of the total.

For most residents, though, the challenge of avoiding eviction is probably more pressing. Perhaps the first step for people in this situation is to learn what the laws governing manufactured-housing residents and park owners in their states. Many attorneys general provide guidance in this area. Minnesota and Massachusetts are two examples.

And finally, residents facing eviction or other problems in manufactured-housing communities might benefit from the guidance of an experienced lawyer in their locale.

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Duties And Responsibilities Of Mobile Home Park Landlord

Although the laws vary from state to state, the landlord of a mobile home park must typically:

• maintain the common areas and roads in the park
• maintain utilities used by tenants, up to the point of hookup
• respect tenants’ privacy and get permission from a tenant before entering a space or mobile home
• allow tenants to hold tenant meetings, and
• allow the tenant to sell the mobile home.

Additional duties may be found in applicable state law and the lease agreement.

Idaho Mobile Home Park Landlord

Title 55, Chapter 20 – Idaho Mobile Home Park Landlord-Tenant Act:

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Rights Of Tenants In Mobile Home Parks

If you live in a mobile home or manufactured home park, there are certain additional protections that apply to you. If you feel your rights have been violated call the Manufactured Homes Program at 1-800-432-4210.

Limits on Rent Increases

New York law limits how much a manufactured home park owner can increase your rent, including the lot rent and any fees or utilities.

• In most cases, rent increases are limited to 3%, but park owners can raise the rent up to 6% if the increase is determined to be justifiable.
• If your park owner asks for a rent increase that is more than 3%, you can challenge the increase in court. The judge will determine whether the increase is justifiable.

Rent-to-Own Protections

Lawful Reasons For Eviction From Mobile Home Park

In addition to the usual reasons for eviction , a tenant leasing space in a mobile home park can normally be evicted for violating park rules and failing to promptly correct the violation or harming or threatening to harm someone in or near the mobile home park.

On the other hand, a landlord cannot evict a tenant who makes a good faith complaint to a housing authority , for attending mobile home park tenant meetings, or because of the tenants race, gender, or family status.

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What If A Landlord Commits A Legal Violation In Relation To A Tenant

There may be various consequences for a landlord who commits a legal violation in connection with a tenant or tenants. For example, if the landlord breaches the rental agreement with a tenant by raising rent prices in an illegal manner, the tenant may be able to sue the landlord for damages. The tenant may be able to recover a monetary amount for withheld rent or other losses.

If a landlord commits a violation that breaks any criminal law, they may face criminal consequences. For example, if a landlord knowingly permits illegal activity on the mobile home park premises, such as drug dealing or manufacturing, they may be charged with a crime.

The charges and punishments will, of course, depend on the criminal activity involved. Consequences for a conviction may include jail time, criminal fines, or other punishments available in the jurisdiction.

Can A Park Charge The Mobile Home Owner A Security Deposit

Yes. Parks may charge a resident the first months rent and a two-month security deposit. Cal. Civil Code § 798.39. However, after one full year of satisfactory residency, the tenant is entitled to request a refund of the two-month security deposit, or may request a refund at the time they vacate the park. Id.

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Colorado Legislation Protects Tenants In Mobile Home Parks

The Colorado general assembly has recently adopted several bills that strengthen the rights of residents in mobile home parks.

Even though they account for fewer than 5 percent of the occupied housing units in Colorado, mobile homes, including manufactured housing complying with HUD standards, are an important component of the states housing stock. Colorados more than 85,000 mobile homes are the states largest source of unsubsidized affordable housing. In 2015, the median income for occupants of mobile home was approximately 60 percent of the statewide median income. Economic, political, and social forces threaten the legal and financial stability of this type of housing, and owners of mobile homes who rent lots in the states 900 mobile home parks are perhaps in the most vulnerable position. As tenants in mobile home parks, these owners have fewer and weaker rights than their landlords do, and park owners often experience financial difficulties that can best be cured by selling their property to new owners. Many new owners in recent years are private equity firms and corporate buyers who recognize the stable revenues generated by parks and see the profit potential of the rentable lots, which are in high demand because of the shrinking supply of mobile home parks. The Colorado general assembly has responded to the concerns of park owners and homeowners through legislation that builds on the states 1985 Mobile Home Park Act.

Are Mobile Homes Regulated

There are usually legal regulations or restrictions placed on mobile homes. Mobile home laws can vary from state to state and even city to city. These regulations may even vary within one city.

For example, a city can have certain zoning ordinances that only permit mobile homes to be located in specified areas, such as mobile home parks. The number of mobile homes allowed in one area may also be restricted. There may be special standards for the mobile homes in these areas. These regulations are in place for reasons such as fire prevention and sanitation.

In some areas, a mobile home may require a registration, similar to a vehicle. In these jurisdictions, an owner may be required to place a decal in a window that is visible from the road. Failing to do so may subject the individual to a fine.

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Can Management Change The Mobile Home Park Rules And Regulations During A Residents Tenancy

Yes, the park can change a park rule and regulation as it applies to existing residents, after giving residents six-months notice of the change. Cal. Civil Code § 798.25. If the rule change relates to the parks recreational facilities, such as the swimming pool or facilities within the clubhouse then a sixty-days notice is required. Id. The management must also meet and confer with park residents, at the residents request, regarding a change in park rules but is not bound to accept residents suggestions or requests regarding the rules. Id.

What Are A Mobile Home Park Residents Right To Repairs

Many parks were built in the 1950s and 60s and often suffer from delayed infrastructural maintenance. Underground utility systems in many parks have begun to falter, leading to sewage leaks, slow plumbing, electrical dimming and blackouts, gas leaks, and water leaks and outages. Streets, driveways, clubhouses and swimming pools also often suffer from delayed maintenance. Rather than make costly capital improvements, park owners resort to stopgap measures that lead to larger issues.

Mobile home park owners and/or management is responsible for the following:

To find out more about your right to repairs, call Tobener Ravenscroft LLP to speak with a mobile home tenant rights attorney, and read our guide on California Mobilehome Owners Repair Rights.

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Termination Of A Tenancy By The Tenant

A lease will automatically renew itself for the term of the original agreement if no action is taken to end it. In other words, if your one-year lease expires and neither you nor the landlord has given proper notice to end the tenancy, the lease is automatically renewed for another year.

If the tenant wants to move out at the end of the lease, he or she must give the landlord written notice at least one month before the lease expires. The same applies to a month-to-month tenancy. If the tenant wants to leave, written notice must be given 30 days before the tenant intends to move out.

In most cases you cannot end a lease early. There are two exceptions under the law:

• If you must move because of a change in employment, you can give 30 days notice and move out. However, you will still be responsible for paying the rent on the remaining portion of the lease period if the landlord cannot rent your space after making a diligent effort
• If you are a member of the armed forces and are reassigned, you may end your tenancy by giving less than 30 days notice, if your reassignment makes it impossible for you to give more notice. The tenant must provide the notice of reassignment no more than 7 days after receipt.

Lacking The Protection Of Other Renters

A huge problem facing manufactured-home owners is that in many states they are excluded from the basic legal protections that cover tenants in rented houses or apartments, such as mandatory notice periods for rent increases and evictions,” Sheela Kolhatkar wrote in a recent article in The New Yorker.

The vulnerability of residents in these communities may be part of the reason why large investment firms have been targeting mobile-home communities in the last 10 years or so, Kolhatkar wrote: They see the parks as reliable sources of passive income assets that generate steady returns and require little effort to maintain.”

In any event, stories of rent gouging and abrupt evictions are common in manufactured-home parks all across the nation.

In Fresno County, California, for instance, the lawyer for an organization that is representing mobile-home residents in a lawsuit against a new owner said a rent hike imposed on them amounted to a 72% cost-of-living increase over a two-year span.

Residents of Paradise Park Mobile Home Park in Miami received a six-month eviction notice during the heart of the pandemic last November, days after the park was bought by developers intent on redeveloping it, probably as condos. The park’s homeowners association has filed suit, claiming that the new owners are obliged to provide a proper compensation package.

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Termination Under S 50

164. If a notice of termination is given under section 50 with respect to a tenancy agreement between the landlord and a tenant who owns a mobile home, the date for termination specified in the notice shall, despite subsection 50 , be at least one year after the date the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 2006, c. 17, s. 164 .

What Is A Mobile Home

A mobile home is defined as a portable residence or dwelling that does not have a permanent foundation. This type of home can be hooked up to utilities. It is suitable for living in year round.

Travel trailers are not considered mobile homes because they are not made for living in year round. It is common for mobile homes to be located together in designated areas, neighborhoods, or areas of a city.

Mobile homes can be found anywhere. An individual can purchase a mobile home and place it on their land if they wish to do so. Mobile homes are common in some states and in others, they are very rarely seen.

It is important to remember that a mobile home is not always safe in certain weather conditions. It does not have a solid foundation and reinforced walls like a regular house. Should weather conditions such as tornadoes or high winds be present, an individual may wish to seek shelter elsewhere.

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Manufactured Home Park Tenancy Act: A Guide For Manufactured Home Park Landlords & Tenants In Bc

A summary of how the Manufactured Home Park Tenancy Act affects landlords and tenants of manufactured home parks also known as mobile home parks .

The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: March 26, 2021.

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Factor 1 Is The Home Your Permanent Primary Residence

The law that applies to manufactured home park tenants is meant to protect those who intend to use the site as a primary residence. Its not meant to protect those who intend to use it for a short-term vacation or for recreation.

In deciding this question an arbitrator will look for features of permanence, such as:

• the home is hooked up to services or facilities meant for permanent housing

• the tenant has added permanent features, like a deck or carport, which the landlord has permitted

• the tenant lives in the home year-round

• the home hasnt been moved for a long time

• the home has been legally registered as a manufactured home

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What Kinds Of Rules Can A Mobile Home Park Landlord Make

New Mexico law is unclear about the scope of rules the landlord can impose. It is logical to expect that rules would be reasonable and fairly enforced. The law does say that a park must give at least 60 days notice of a change in its rules and that some changes cannot apply to people already in the parkfor example, if a new rule prohibits pets, tenants who already have pets are allowed to keep them. Likewise, if a new park rule tells tenants how they have to landscape their space, the rule will apply only to new tenants, not current tenants. When the landlord gives notice of a rule change, the tenants have 30 days in which to comment on the proposed rule.Rules can be controversial, as can terms of rental agreements or landlord conduct. Like tenants in regular rentals, mobile home park tenants have the right to form a tenants union to deal more effectively with unreasonable landlords. For more information, see LawHelpNewMexico topic Tenants Unions.