Mobile homes create unique legal issues for both tenants and landlords. This is because the tenant often owns the mobile home, but not the land under it: The typical tenant rents space in a mobile home park. After a tenant hooks up utilities, constructs decks and patios, and makes other improvements around the mobile home, the mobile home is really no longer “mobile.” The resident's inability to pick up and move lets an unscrupulous landlord take advantage of an established tenant by raising rent and imposing additional charges.
To protect tenants, many states have adopted laws clarifying the rights and responsibilities of both landlord and tenant. If you own a mobile home, then before entering into a lease, it's important that you check the mobile home laws in your area, or get help from an attorney experienced in real estate law.
Two Types of Mobile Home Leases
There are two common types of mobile home leases.
In the first, the tenant owns the mobile home, but leases a space in a mobile home park from the park owner. This is the situation described above.
Also common, though, is a situation in which the landlord owns both the mobile home and the land. In some states, like Oregon, the law treats this type of mobile home lease the same as when you rent an apartment.
Lease Provisions to Look for When Renting Mobile Home or Space in Mobile Home Park
Like with any other residential lease, the laws of most states require that leases for mobile homes or spaces in a mobile home park be in writing. Some of the things that need to be included or covered in the lease are:
- Rent. The lease agreement should state how much, when, and where rent is due each month.
- Rent increases. Many states require the landlord to give tenants written notice before raising the rent, for example three months’ notice.
- Charges for late payments. The lease must state when late charges accrue and how much the late charges are.
- Security deposit and refunds. This provision should state what deposit must be paid and under what conditions the landlord can keep all or part of the deposit.
- Lease term. In many states, the term of the lease can be for any amount of time so long as the parties agree to it. In states that limit the lease term, expect to see one- or two-year leases as the norm.
- Description of the space. The lease should provide a description of the space being rented. If a mobile home is being rented as well as land, the lease should include an exact description of the mobile home itself.
- Warranty of habitability. The lease should include an express acknowledgement by the landlord that the space is fit for habitation. What this normally means is that the landlord must keep the mobile park space (and the home itself, if rented), in a safe, livable condition.
- Park rules. The lease should include a provision relating to the applicable park rules, which the tenant will need to agree to abide by. Often, the park rules will be included as part of the lease.
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 (keep it clean and safe)
- 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 (if leasing only the space) to sell the mobile home.
Additional duties may be found in applicable state law and the lease agreement.
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.
What If the Mobile Home Park Closes?
Another unique facet of leasing a mobile home or mobile home space is the possibility that the park might be sold or closed, or that the owner may decide to redevelop the property as something different. What does a change like that mean for park tenants?
The landlord/park owner must ordinarily give tenants a certain amount of notice before closing the park or changing its use.
For example, in Oregon, the landlord must give the tenant 365 days’ notice. Some laws even require the park owner to pay for tenants' relocation expenses. If the landlord intends to sell, the new owner will, in most cases, have to honor any existing leases.
When Tenants Can Sublet, Transfer, or Sell Their Mobile Homes
In most states, landlords cannot prohibit tenants from subletting, transferring, or selling their own mobile homes. Some states allow for landlord approval, though. This permits the landlord to take reasonable precautions to make sure the next tenant will pay rent and not pose a threat to other tenants.
Although a landlord normally has the right to approve a subtenant or new tenant (one buying a mobile home already located in the park), a landlord cannot unreasonably withhold approval. What this means will vary state to state, and even case by case.
In many cases, though, it would likely be reasonable for a landlord to withhold approval of a subtenant who is a sex offender or someone who has no job and a criminal history.
Lawful Reasons for Eviction From Mobile Home Park
In addition to the usual reasons for eviction (such as failing to pay rent), 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 (or like agency), for attending mobile home park tenant meetings, or because of the tenant’s race, gender, or family status.
Protecting Yourself as a Mobile Home Landlord or Tenant
Whether you are a landlord or a tenant in a mobile home park, to protect yourself from possible disputes, you should:
- Keep notes about all important conversations, and follow up by sending the other party a letter confirming the important points made during the conversation.
- Keep copies of all important documents, including the lease and written notices (whether sent or received).
- Take pictures of the space, and if applicable the mobile home, before starting a new lease, and
- If you you are a tenant paying in cash for your rent, be sure to get a receipt that confirms payment.