What Is A Mobile Home Rental Contract?
Mobile home rental contracts are written agreements between mobile home landlords and tenants. They are significant because they set the terms of occupancy for a manufactured home in a mobile home park or on rented land. Mobile home rental contracts are different from ordinary leases. Depending on state law, rental contracts for mobile home spaces are standard forms that must be used by every landlord renting a mobile home space. Sometimes state law requires that all the terms be strictly based on references to the laws, rules and regulations of the state for mobile home parks. For example, California law prohibits any agreement made between homeowners and park management which would indemnify the park for any liability imposed under the state Mobilehome Residency Law .
California model forms for rental agreements for mobile home parks are available for compliance with state law. Tennessee law states that if "a new lease form is to be adopted it shall be made available to the residents for review and comment for at least thirty (30) days prior to adoption by the owner or manager."
Over 40 states have passed laws regulating mobile home owners. In some states, residents have special protections against evictions. Other states do not allow evictions without for cause. Federal laws offer even greater protections to mobile home owners. These laws apply to federal and state government programs such as HUD financing, rural development loans and loans insured by the Federal Housing Administration.
Key Provisions of a Mobile Home Rental Contract
Every mobile home rental contract should specify the terms of the rental, such as the length of the tenancy (are they signing a yearly lease or will the lease automatically renew month-to-month?) and the amount of rent. The contract should have information regarding when the rent is due and how it should be paid (by mail, online, at a specific location, etc.).
Just as important as payment information, the rental agreement should provide details on the maintenance of the mobile home and space. This will vary according to the type of contract you have with your tenant and local laws. If the tenant will be responsible for upkeep of the space and home, ensure you have outlined any restrictions. Do you want to impose limits on what types of flowers and plants they can have? Are there privacy screens that they can not attach to your fence? Make sure the rental contract spells out all restrictions to keep your tenant from making homes that could negatively impact your property.
You should also include a section about repairs. For example, if the tenant fills the tub with concrete for a whirlpool-style bathtub, do you expect them to pay for the damages? Likewise, if the faucet leaks and causes water damage to the floor, will they be responsible?
Addressing repairs and maintenance responsibilities, and how to address liability for damage or injury to the property or surrounding properties, can save you a lot of time and trouble fighting with your tenant over these issues later.
Tenants & Landlords: Your Basic Rights and Obligations
Mobile home rental contracts must comply with both Massachusetts and federal law. Section 10 of the Massachusetts Mobile Home Act, for example, requires a rental agreement to include the following terms:
- The names and addresses of the landlord and tenant.
- The location of the premises (for example, Lot 6 in Shady Acres Mobile Home Park).
- How much the rent is, when it’s due, and how to pay it.
- Whether parking is included in the rent and, if so, the location of the parking space and whether it’s assigned or unassigned.
- The landlord’s and tenant’s rights and duties under G.L. c. 183A. (You can find a complete list of these rights and duties in our article on evictions.)
- The floor area of the mobile home (calculated by measuring the perimeter of the exterior wall, as of the effective date of the rental contract).
- Whether the pet policy is "no pets" or "pets allowed," and, if pets are allowed, a description of any restrictions.
- Whether overnight guests are permitted, and, if so, whether there’s a limit on the number of nights a guest can stay.
- Whether utilities are included in the rent, or whether the tenant is responsible, and what specific services are included.
- The following notice:
YOU MUST NOT MOVE A MOBILE HOME ON TO LAND WITHOUT FIRST GIVING AT LEAST 30 DAYS WRITTEN NOTICE TO THE LANDLORD. BY A WRITTEN RENTAL AGREEMENT, THE LANDLORD MAY WAIVE ALL OR PART OF THIS REQUIREMENT, DEPENDENT UPON ANY OTHER PERMISSION REQUIRED BY THE LOCAL BOARD OF HEALTH OR THE MASTER INSPECTOR UNDER SECTION 30 OF CHAPTER 140 . . . .
While these terms are required in every mobile home rental contract, they’re not all that tenants should expect. Beyond these, ten other sections are highly recommended, including provisions that:
As you can see, a mobile home rental contract is quite different from an apartment lease – and that’s just the tip of the iceberg. For a thorough understanding of mobile home rental contracts, contact us.
Common Problems of Mobile Home Rental Agreements and Possible Solutions
Understanding the terms of your mobile home rental contract is crucial to preventing disputes in the first place. But, sometimes, a disagreement will still occur. In these instances, it’s important to be familiar with common contracting disputes, what the law says about them, and how to handle them effectively.
Maintenance and Repairs
Renters of mobile homes are typically responsible for paying for repairs made to their unit, but it’s important to clarify exactly which repairs and what types of maintenance are expected from either party. Any damages resulting from a tenant who was negligent, reckless, or careless may be the responsibility of the individual. Routine maintenance, such as regular winterizing or yard care, should fall under the responsibility of both parties.
Eviction and Lease Violations
The exact terms of lease termination — for non-payment or for failure to comply with specific aspects of the contract can be disputed. The landlord may be able to terminate a contract after two days of missed payments. For lease violations, however, a minimum of seven days is usually required after the property owner issues a formal notice.
Tenants don’t have to leave immediately following a violation — they are often allowed to remain in the unit for up to 60 days while resolving the issue in court. This means renters should avoid violence, threats, or intimidation. Never attempt to force a tenant off the property themselves.
Those who violate a contract by failing to pay rent or not paying on time likely have up to seven days to remedy these issues. The property owner can charge court costs and reasonable attorney fees associated with the eviction.
Negotiating Terms of Mobile Home Rental Agreements
To avoid all the problems discussed above, it is always a good idea to negotiate the rental contract. Commercial landlords are used to negotiating and will be reasonable in many of the terms. Also, they are habitually negotiating with tenants who will take the lease to their lawyers and make more changes. Coming in with a list of what you want to negotiate is important to a successful negotiation.
For example, you can negotiate having no 30 day notice to vacate in the lease: the lease just ends. You may have the ability to raise the rent on the anniversary date of the lease instead of annual increases. Both of these keep the landlord from taking adverse action against you . You don’t have to spend money and time fighting eviction cases and the landlord doesn’t have to spend money on attorney’s fees to pursue the eviction. The money and time saved for landlord or tenant could be better spent dealing with more productive issues.
Another item that should be negotiated is the right to an attorney if the landlord breaches the lease. This keeps any turns of adverse selection from occurring because both parties are equally able to call foul if there is a breach.
When the tenant makes improvements to the property, having the right to remove them at the end of the lease is a good idea. You both want to know that when the lease terminates, everything is restored to the condition it was in at the start.
Legal Requirements for Renting Mobile Homes
The legal requirements for mobile home rentals can vary from state to state but certain provisions are universal in order to protect both lessor and lessee. These requirements usually fall under four categories in order to ensure that all legal obligations have been met.
Zoning Laws and Permits: Since mobile homes occupy residential mobile home courts, or trailer parks, the proper zoning permits for both the land and the trailer must be obtained from the local Department of Building and Safety for a legal rental. Under California Civil Code §798.5, the owner of the mobile home park cannot accept the rent for a mobile home located on an illegal parcel of land as such land has not been zoned for the placement of a mobile home. Zoning laws also apply to modular homes, or pre-manufactured homes. These structures are built in a factory and then moved to a parcel of land where they are permanently set up. Proposition 62, California’s Government Code §66411.7, also designates various requirements for the placement and permitting of modular homes.
Utilities: Generally, utilities for mobile homes include water, garbage collection, gas, electricity, and basic maintenance. The landlord may cover all of the utilities while the mobile home owner is responsible for their own phone bill, but must abide by the requirements set forth by the Public Utilities Commission. Other than the essential services, state law may require that the mobile home owner pay his own maintenance costs and other utility bills. If the tenant fails to pay his or her share, the landlord may face a number of penalties, including payment of their rent with interest, court costs, or attorneys’ fees under California Civil Code §§ 798.30, 798.61. In the event of a default in payment, state law requires that the mobile home park owner issue a warning before taking such penalties.
Insurance: a homeowner’s insurance policy generally does not cover personal property in a mobile home. As such, most trailer parks require the mobile home owner to obtain specific insurance for their trailer. The required coverage includes personal and liability payouts for any injuries or damages to others, as well as theft. The insurance must name the landlord as an "additional insured" and list the trailer park as the "loss payee." If an accident occurs, the landlord may claim against the insurance policy for any injury or damage that may arise.
Rent Control: Cities and municipalities may set reasonable rent control measures for mobile home parks. Where there are no rent control measures, statewide rent control provisions automatically apply. A rent control ordinance is defined as a law that limits the maximum rent increase that a landlord may charge to a tenant. Used to stem the increase of rents, it may also limit the rate of return on investment. An example of California’s statewide rent control law is The Mobile Home Residency Law, California Civil Code §798.30, which seeks to foster equality in the rental situation. A park owner is required to meet certain requirements for rent increases, including: issuing notices 90 days prior to increase, limitations on passing through specified utility charges, and maintaining security deposits in an interest-bearing account. Local ordinances may increase the number of rights beyond what is listed in California Civil Code §798. If there are no local ordinances, the statewide law applies. California Civil Code §798.15.
How To End A Mobile Home Rental Agreement
The ability to terminate a rental agreement for a mobile home is set out in a Virginia statute. However, there are important details to keep in mind.
The minimum notice periods required to terminate a rental agreement for a mobile home are set out in Va. Code § 55-248.29:1. The statute provides that:
"From the date of occupancy, all parties to this agreement understand this is a month-to-month rental agreement. As such, the owner, management, or landlord is required to give thirty (30) days’ notice to terminate this contract, and the tenant is required to give thirty (30) days’ notice to terminate this contract. This contract is to be terminated at end of the month. Should any rent or fees be 10 days past due as defined in § 55-248.5, a one (1) day notice will be given to vacate. If the notice period expires on a weekend or holiday as observed under the laws of the Commonwealth, such notice shall not be valid unless delivered to the tenant personally or by posting on the door or other conspicuous place on the premises during normal business hours on the last business day before the weekend or holiday."
It is important to note that the termination date must be at the end of the rental period, which under the statute is at the end of the month. The statute is also clear that the notice must be given 30-days prior to the termination date, meaning it cannot be given on the 1st of the month to be effective at the end of that month . In other words, the earliest date that a termination notice could be given would be the last day of the prior month to be effective at the end of the current month.
Subject to some specific exceptions, the statute also provides that if either the owner (landlord) or tenant, or their agents, need to enter the mobile home, they must give the other party at least 24-hours’ notice before they do so. The owner, landlord, agent or other designated person must state the reason for entry, which is limited to:
- Making necessary or agreed repairs;
- Supplying necessary or agreed services;
- To inspect for the existence of conditions that materially affect fitness for habitation;
- To view the premises for the purpose of verifying the condition the mobile home in which the mobile home was last maintained or for cleaning and sanitizing purposes when the resident has abandoned the mobile home; and
- To inspect and service fire safety equipment as required by state and federal law.
If you are in a park in Virginia it would be beneficial to review the Virginia Manufactured Home Lot Rental Act which sets forth rights and obligations of home owners and landlords.
If you have a tenant or landlord for a mobile home in Virginia, it is likely advisable to consult a Virginia attorney.