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Mobile Home Laws: Something That Everyone Should Know

Real Estate Law

When you own a mobile home and live in a mobile home park, both residents and the park are governed by mobile home residency law. As a mobile homeowner, it’s wise for you to be aware of the laws so you know your rights and what laws you have to abide by.

Let’s take a look at some of the key laws in this post to get you started.

Avoid An Eviction Notice

Whether you rent your mobile home or own it, when you reside in a park you are leasing the land the home sits on. This means you can be evicted from the park for breaches of the park rules or tenancy laws.

There are many reasons why an eviction notice could be served on a park resident, and we’ll list a few of the more common ones:

  • Continual failure or refusal to pay the rent and park fees
  • Conducting illegal activities within the park
  • Constantly breaching the rules and regulations stipulated by mobile home park management (excessive noise or vandalism as examples)
  • And more…

The Mobile Home Park Should Give You A Rental/Lease Agreement

Generally this lease will be a minimum of 12 months, but you may be able to negotiate other terms with the park’s management. A lease both ensures you won’t be evicted from the park for no reason, and it also guarantees rental income for park owners for the duration of the lease term.

This rental agreement should not only lay out the general terms of your lease, such as the amount of rent and fees you’ll pay, it should also stipulate the park rules and regulations. Management also needs to give you a copy of the Mobile Home Residency Law (MRL) for your reference.

Park Rules & Regulations Must Be Obeyed And Are Enforceable

The rules and regulations exist for the continued enjoyment and peace of mind of all residents within the mobile home park. Without some form of park governance, the park likely wouldn’t run smoothly and the quality of life within the park would suffer.

These rules stipulated by park management are enforceable under the MRL. If you adhere to park rules you’ll never have anything to be concerned about. They exist for your benefit just as much as the park’s benefit.

Park Management Is Obligated To Maintain The Mobile Home Park

All residents should help to look after the park by disposing of their rubbish and respecting the park’s facilities and the grounds in general.

However, it is the responsibility of park management to maintain the park to liveable standards, ensure repairs and maintenance are carried out when required, and basically keeping the park in such condition that residents are proud to live there.

Be Aware That There Might Be Additional Fees

Apart from paying the rent for your lot, your lease agreement may stipulate other fees that need to be paid per month. Some of these fees could even be fees enforced by the government, such as school impact fees for new parks.

If your mobile home park wishes to introduce a new fee that’s not stated within your rental agreement, they need to give you 60 days written notice before introducing the new fee.

Also Be Aware Of Taxes

If your mobile home is permanently fixed to the land it sits on, you could be liable for property taxes, as well as potential taxes on carports or cabanas.

It’s something to be mindful of and an issue you should bring attention to before signing a lease.

Government Inspectors May Wish To Inspect Your Home

If you haven’t violated any rules, then you have nothing to worry about, but once every 7 years an inspector from the Department of Housing and Community Development may wish to inspect your home for any code violations.

Now, you are within your rights to refuse them entry to your home. They can only enter if you invite them inside.

If a complaint has been lodged against you for violations of the Mobile Parks Act, inspectors can come at any time and issue you with an infringement notice. You’ll have between 30 and 60 days to rectify the problem, unless it poses a major hazard, in which case you need to have it sorted ASAP.