One of the unique aspects of mobile homes is their mobility. Unlike other homeowners, you can move your whole house around. As a result, it often means that you may encounter some unique legal challenges as well as what should and shouldn’t be included in any rental agreements.
In most cases, you will enter into a mobile home lot rental agreements and not the usual leases like those apartments have. These agreements are meant to protect both the owner of the lot (or landlord) and the future tenant.
What is a lot rental agreement?
Legal agreements can be intimidating to set up and to sign. We aren’t always sure what they should look like. That’s why we often make mistakes when drawing up agreements and when accepting them without legal advice. If you have some form of legal representation it’s always a good idea to have them look at agreements whether you’re the potential tenant or the owner of the lot
Usually, there are two types of rental agreements involving mobile homes. One type involves renting both a mobile home and the lot on which it stands from a landlord. However, often people own a mobile home but rent the land or lot on which they stay. These lots are almost always in mobile home parks.
A lot rental agreement is an agreement entered into by the tenant and landlord that sets out the conditions for the lease of this lot. It’s always recommended to sign a written lease and not just rely on a verbal agreement. This is the safest way to approach this type of arrangement and can be very useful in resolving disputes.
These agreements outline the tenant’s rights but also their obligations. The same is true for the landlord. This means they contain information about the details of the lease and the roles of the parties that are involved.
Before setting up or signing an agreement check the laws in your area or state as they usually differ from place to place. For now, here are some guidelines on what a lot rental agreement should and shouldn’t contain
What should a lot agreement contain?
Personal information:
The agreement should contain identifying information for both the tenant and the landlord.
- The tenant’s:
- Full name and surname
- Contact details such as their cell-phone number and email address
- Postal address
- The landlord’s:
- Full name and surname
- Contact details such as their cell-phone number and email address
- Postal address
Costs and fees:
Mobile home lot rental agreements, like all rental agreements, need to provide information about all the costs and payments that are involved. The agreement must also outline the procedures and conditions for these payments.
- Rental payments: This provision clearly states how much the rent is. It should also set out when the renter must make payments and how.
- Additional fees: In addition to information about the rent, the agreement needs to outline whether any other fees or payments are necessary. For example, will the tenant need to pay a security deposit?
- Information on possible refunds: Such as with the deposit, the agreement should provide information on any potential reasons to refund payments and what the conditions for this might be.
- Increase in payments or fees:The agreement should include provisions for a possible increase in rental payments. In most areas, it’s a legal requirement that landlords provide written notice before they can increase the rent. The length of the notice period may vary but is normally at least 30 days.
- Late payments: This point involves providing information on what happens if payments were late. It also needs to state whether there are any late fees payable.
Terms of the rental agreement:
- Property details: The form must specify the exact location or lot number of the relevant lot. This should include what the boundaries of the premises are and a description of the lot and its features.
- Information about the mobile home: The agreement should also provide information about the mobile home and identifying details such as its serial number and type. This is another unique feature of these types of leases.
- Lease term: This involves specifying when the lease term will begin and end. Usual terms are 6, 12 and 24 months long. In some areas, there are laws that regulate the lengths of leases.
- Provision of utilities: it’s very important that the tenant and landlord agree on the arrangements regarding utilities such as water and electricity and also garbage collection. Which utilities are available? What is the process to connect them?
- Termination of the lease: The agreement should state under which conditions the lease may be terminated either by the tenant or the landlord. It should also give information about procedures in case of termination. There are laws that govern this process, so make sure that the conditions of your lease adhere to these.
Rules regarding the lot
If there are any rules or regulations that the tenant needs to follow to stay on the lot, this must be in the agreement.
- Rules of the park: Mobile park homes usually have their own set of rules. These rules typical cover issues such as noise levels, maintenance of communal utilities and upkeep. The rules should be made available to the tenant.
- Parking: Designated parking spaces must come with the lot. Local or national laws will regulate the size of the allotment. In most places, each lot should at least have two assigned parking spaces. The tenants should know which parking spots they can use.
- Pets: In order to avoid future disputes or misunderstandings, the rental agreement should state whether pets are allowed on the lot or not. And if so, what kind and how many. Park rules may cover this, or it might be at the discretion of the owner of the lot.
- Provision for any changes made to the property: Any rental agreement has provisions for alterations made to the property. Lot rental agreements should be no different. As a result of mobile homes unique mobility, tenants sometimes want to make extensive changes like installing a porch. This might upset the park’s appearance standards or the home’s value. Therefore, this is a very important consideration in these leases.
Duties and rights of the tenant
Both tenants and landlords have certain rights and responsibilities that should be specified by the rental agreement. This will greatly depend on the specific property and preference of the landlord.
- Requesting maintenance and repairs: Depending on the agreement between the parties, the tenant has the right to demand that the landlord makes repairs to the property. This might not include all types of damage, but at least damage that is due to wear and tear or that predates their occupation of the lot.
- The lease should make provision for stepstaken if the landlord refuses or fails to perform these repairs.
- Upkeep: At the same time the lease agreements often make provision for damage inflicted by the tenant on the property. In the case of a lot, this might relate to existing structures like fences or features like the lawn.
- The agreement should outline whether the tenant is liable to pay for these repairs. This is often deducted from their security deposit when they move out.
Duties and rights of the landlord:
- Repairs and maintenance of property: The type of repairs that a landlord will perform must be detailed in the rental agreement. There are certain standards that must always be maintained by the landlord to keep the lot habitable.
- Rights of the landlord: In the rental agreement the rights of the landlord should also be stated under the relevant provisions. Even if these are agreed upon by the parties involved, it’s important that the landlord ensures that this doesn’t violate any laws.
- If the landlord follows correct procedures, he may increase the rent once within a 12-month period. Guidelines on this should be in the agreement.
- The agreement should outline conditions for the possible eviction of the tenant.
- A rental agreement must make provision for the landlord to possibly enter the premises under certain circumstances.
What shouldn’t a lot agreement contain?
So, now that we have looked at what a lot rental agreement should contain, we can look at what it shouldn’t contain. This ranges from putting in extraneous information to putting in provisions that are illegal.
Including some of these provisions can mean that the landlord or tenant won’t be able to enforce conditions of the agreement. At the extreme end, the inclusion of these provisions can make the entire agreement invalid. That is why it’s often safer to have an attorney that specializes in real estate review the agreement.
Any provisions or conditions that are illegal
The lot rental agreement shouldn’t contain any provisions that violate any laws. The landlord will be unable to enforce these provisions. Additionally, this can lead to legal repercussions and can impact the validity of the agreement. Laws and legal requirements for property leases change regularly. The landlord needs to make sure that the lease subscribes to the current laws.
Incorrect or outdated information
All the information in the agreement should be up to date at the time of signing. The personal information of the tenant and landlord should be up to date. As well as this, information about the property itself should be accurate.
Incorrect language use
As this agreement is a legal document, it must usecertain jargon and legal terms. Avoid incorrect terminology and informal language, like slang.
Discriminatory conditions or provisions
Crucially, the agreement shouldn’t contain any provisions that discriminate against tenants because of their disability, religion, race, color, sex, nationality or familial status. The Fair Housing Act outlaws these types of discrimination.An agreement shouldn’t include provisions that can prevent a tenant from renting a lot because of these factors.
Hampering the tenant’s rights
Any provision that stops the tenant from exercising their rights is probably unlawful. Remove these provisions. To avoid this, pay particular attention to clauses involving eviction and tenant’s right to defend themselves in these situations.
Violating a tenant’s right to privacy
The lease agreement shouldn’t have provisions that will hinder a tenant’s right to privacy. Although the landlord can enter the property this must be done follow certain guidelines and can’t be done without giving the tenant at least 24 hours’ notice.
What else can you consider including in the agreement?
There are also some provisions that aren’t necessary to include in the agreement, but that could be beneficial to put in.
- Provisions regarding the possible renewal of the lease.
- The landlord’s policy on subletting a room in the mobile home.
- Information regarding insurance of the property.
How to set up a mobile home lot rental agreement form
It’s clear that it can become very complicated to work out these agreements. You will be able to find mobile home lot lease agreement template online that can help you to formulate your own. Or you canpurchase standard agreement forms.
Hiring a rental agency or working through one is another solution to the problem as they might have a template that they use for all the contracts that they manage.
As can be seen, the different provisions in the lot rental agreement it’s set up to protect the tenant and the landlord by making sure that neither of them can be exploited. So make sure that both parties have a copy of the agreement, and that both agree on all aspects of the contract.
It’s important to understand your lot rental agreement!
All in all, if you follow the guidelines above you will be on the right track to work out a valid and binding mobile home lot rental agreement. As a tenant and as a landlord, paying attention to these guidelines can help you to avoid legal pitfalls. Just don’t be intimidated by the legal jargon along the way and stay reasonable.
About Dan Paton
Dan Paton has been working full-time in this field for over a decade. Both him and his partner, Dan Leighton, formed EZ Homes back in 2006 and have seen explosive growth ever since. Dan works heavily in the administrative role within the organization. He is a jack of all trades type of guy. Dan and his wife have 4 children.
View all posts by Dan Paton
FAQs
How much can a mobile home park raise rent in Illinois? ›
These are some of the major provisions of the Mobile Home Landlord and Tenant Rights Act: The park owner must offer you a written, 24-month lease. Rent cannot be increased unless the park gives you notice 90 days in advance of the lease termination date.
How much can a mobile home park raise rent in Arizona? ›Rent Increases
§§ 33-1413(G) and (I); 33-1432(F). (2) If the park increases the rent in any 12-month period by more than 10% plus the most recent one-year increase in the CPI, the tenant is eligible for assistance from the Mobile Home Relocation Fund.
—A mobile home park owner shall at all times: (1) Comply with the requirements of applicable building, housing, and health codes. (2) Maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness.
What is the code 55.1 1308 in Virginia? ›Termination of tenancy. A. Either party may terminate a rental agreement with a term of 60 days or more by giving written notice to the other at least 60 days prior to the termination date; however, the rental agreement may require a longer period of notice.
What a landlord Cannot do in Illinois? ›Under the federal Fair Housing Act and Illinois law, it is unlawful for a landlord to discriminate in the leasing of a dwelling house, flat, or apartment against prospective tenants who have children under the age of 14 years.
What is the most a landlord can raise rent? ›Raising rent in California
Landlords are allowed to raise rent by a maximum of 10% every 12 months.
You RENT the space the mobile home sits on. The land belongs to the OWNER of the mobile home park. So do the trees in the common grounds, as well as the land that is the common grounds.
Can a landlord refuse to renew a lease in AZ? ›The landlord is unfortunately not under any rule or law that they have to renew your lease. They can choose to not renew for any reason or no reason, except discrimination.
Is owning a mobile home an asset? ›As a result, you might find an affordable mobile home that will last you a long time. And although mobile homes go down in value and can be difficult to sell, a mobile home is an asset that you can sell when you are ready to move (unlike an apartment you rent).
What happens if I walk away from my mobile home? ›Under the lease, you owe the rent for the full term or duration of the lease; if you stop paying, the trailer park could sue you for the remaininig rent due under the lease (technically, they could sue you for the rent for the remaining months under the lease or until they re-rent the space, whichever happens first).
What are the rights of a mobile home park tenant in California? ›
The right to receive a written copy of the mobile home park's rules, regulations, and rental agreement. The right to receive all services and amenities the mobile home park agreed to provide in their rental agreement. If any amenities or services are reduced or removed, the tenant's rent must also be reduced.
What is Section 29.1 542 of the Code of Virginia? ›Importation. Live wolves or coyotes, or birds and animals otherwise classed as predatory or undesirable, may not be imported into the Commonwealth or liberated therein, or possessed therein, except under a special permit of the Board.
What does Virginia landlord tenant law specify in 55 248.15 1? ›Security deposits. A. A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent.
What is Virginia Section Code 18.2 172? ݤ 18.2-172.
Any person who shall obtain, by any false pretense or token, the signature of another person, to any such writing, with intent to defraud any other person, shall be deemed guilty of the forgery thereof, and shall be subject to like punishment.
Free 5 Day Notice to Vacate Eviction Letter Template. In Chicago, eviction notices are called a “5-day notice.” In Illinois, a landlord may not file an eviction process unless the tenant fails to pay the outstanding rent within five days after service of a written demand for payment.
What are your rights as a tenant without a lease in Illinois? ›For a tenant with no lease or a month-to-month lease in Illinois, the landlord can serve them a 30-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 calendar days to move out.
How long can a landlord leave you without air conditioning in Illinois? ›A tenant who needs repairs in their unit should first notify their landlord. The landlord then has a chance to make sure the repair is made. If the repair is required by law, or by the lease, the landlord has 14 days (or less, if it is an emergency) to repair.
How much can a landlord raise rent in Illinois? ›How Much Can a Landlord Raise Rent By in Illinois? In Illinois, landlords can raise rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.
What properties are exempt from ab1482? ›Single family, owner-occupied residences where the owner rents no more than two bedrooms or units, including accessory dwelling units and junior accessory dwelling units. Accommodations in which the tenant shares a bathroom or kitchen with the owner, if the owner uses the property as their principal residence.
What is the Civil Code 827? ›According to California Civil Code 827(b), a landlord must give the tenant at least a 30‐day advance notice if the rent increase is equal to 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect.
What are the risks of investing in mobile home parks? ›
Leaks into the ground or backups into the homes are also common problems that can lead to health threats if not resolved quickly. A private septic system is a major concern for most investors due to the increased responsibility and risk involved. Some investors choose to rent the mobile homes to tenants as well.
Is a mobile home a good retirement? ›Mobile homes are easier to customize and build with unique features that would be difficult to achieve in a traditional home. Another benefit for retirees is that most people who live in mobile homes are seniors and many communities are restricted to those 55 and older.
What are disadvantages of living in a trailer? ›- Lack of Space. RVs can be small and cramped, which may not be ideal for everyone. ...
- Limited Storage. One of the downsides of living in an RV is that storage can be limited. ...
- Weather. ...
- Temperature Fluctuations. ...
- RV Maintenance. ...
- RV Depreciation. ...
- Travel Days. ...
- Changing Routines.
All mobile homes in Arizona are subject to property taxes from January 1 following the day they enter the state. Per statute, all mobile homes kept in Arizona must be titled with the Arizona State Motor Vehicle Department (MVD).
What is the unwanted guest law in Arizona? ›A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises.
Who is liable when a tree falls on a neighbor's property in Arizona? ›The responsibility of maintaining trees falls upon the landowner.
Is there a rent increase limit in Arizona? ›How Much Can Arizona Landlords Raise in Monthly Rent? As long as you get the tenant notified in time, you can raise the rent by any amount you consider appropriate. Currently, there aren't any legal limits on how much landlords can raise Arizona rent.
How much time does a landlord have to give a tenant to move out in Arizona? ›To end a month-to-month tenancy in Arizona, the landlord must give the tenant at least 30 days' written notice. The notice must inform the tenant that the tenancy will be ending in 30 days and the tenant must move out of the rental unit by then.
What can a landlord deduct from a security deposit in Arizona? ›- Tenant's failure to pay utilities. A tenant must clear all utility bills in their name before moving out. ...
- Cleaning cost. ...
- Damage exceeding normal wear and tear. ...
- Unpaid rent. ...
- Early lease termination.
Despite the price increase, manufactured homes remain a significantly more affordable option than owning an apartment or a single-family home as the market stabilizes in the first quarter, and second quarter, it will be a better choice to buy a manufactured home in 2023.
Why do mobile homes depreciate? ›
One reason mobile homes depreciate in value is because they are personal property, not real property. "Real property" is defined as land and anything attached to it permanently. Anything that can be removed without "injury" to the land is not real property.
What counts as assets? ›An asset is anything you own that adds financial value, as opposed to a liability, which is money you owe. Examples of personal assets include: Your home. Other property, such as a rental house or commercial property.
What is mobile home syndrome? ›According to Janet Ore's “Mobile Home Syndrome: Engineered Woods and the Making of a New Domestic Ecology in the Post—World War II Era,” many people were unknowingly exposed to toxic materials as a result of the cheaper, mass-produced homes that evolved from post-World War II economic conditions.
How long can you keep a mobile home? ›A HUD compliant mobile home that is regularly maintained and repaired as needed will last as long as a traditional home, anywhere between 30 and 50 years. A significant reason mobile homes are now designed and manufactured to last decades is strict manufacturing regulations.
How long does it take to break down a mobile home? ›Mobile home deconstruction can be expensive—upwards of $10,000 in some cases. It could take a few days to fully deconstruct the home, depending on how many salvageable materials there are.
What is mobilehome Residency law Protection Act? ›Helping to resolve certain disputes between mobilehome/manufactured homeowners in mobilehome parks and park owners/management. Sometimes, in mobilehome parks, disputes can arise between mobilehome/manufactured homeowners and park management.
Do you pay property tax on a mobile home in a park in California? ›Mobilehomes in California are taxed either through the local property tax system administered by the county in which the mobilehome is situated or by payment of vehicle "in-lieu" license fees (i.e., charges imposed "in place of " property taxes) to the State.
Can a landlord enter your backyard without permission in California? ›Part of this covenant protects your privacy as outlined in your state's laws. For example, in California, the law states that a landlord must provide written notice before entering your property. If they don't, they are in violation of your lease, oral or written.
What is Virginia law Section 46.2 830? ݤ 46.2-830. Uniform traffic control devices on highways; drivers to obey traffic control devices; enforcement of section. The Commissioner of Highways may classify, designate, and mark state highways and provide a uniform system of traffic control devices for such highways under the jurisdiction of the Commonwealth.
What is a nuisance code of Virginia? ›No person shall maintain, aid, abet or knowingly associate with others in maintaining a common nuisance. Any person convicted of a violation of this subsection shall be guilty of a Class 1 misdemeanor.
What is Section 13.1 657 of the Code of Virginia? ›
Action without meeting. A. Action required or permitted by this chapter to be taken at a shareholders' meeting may be taken without a meeting if the action is taken by all the shareholders entitled to vote on the action, in which case no action by the board of directors shall be required.
What are renters rights in Virginia? ›According to Virginia landlord-tenant law, tenants have the right to live in a habitable unit that complies with proper housing regulations. Additionally, tenants have the legal right to request required repairs if the unit has any kind of damage that exceeds normal wear and tear.
What is Section 55 248.31 of the Virginia Code? ›In the event of a breach of the rental agreement or noncompliance by the tenant, the landlord shall be entitled to recover from the tenant the following, regardless of whether or not a lawsuit is filed or an order obtained from a court: (i) rent due and owing as contracted for in the rental agreement, (ii) other ...
Can a tenant sue a landlord in Virginia? ›Small Claims Lawsuits in Virginia
Tenants can sue landlords in small claims court for the return of their security deposit, up to a dollar amount of $5,000.
§ 18.2-96.
Commits simple larceny not from the person of another of goods and chattels of the value of less than $1,000, except as provided in clause (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
If any person be stricken or poisoned in this Commonwealth, and die by reason thereof out of this Commonwealth, the offender shall be as guilty, and shall be prosecuted and punished, as if the death had occurred in the county or corporation in which the stroke or poison was given or administered.
What is the 18.2 119 law in Virginia? ›What is the Meaning of Virginia Code § 18.2-119? Trespassing in Virginia means entering someone else's property without permission, or remaining on property after being told to leave. Being told to leave can occur through a variety of communications, including personal invitations, oral notice, or public signs.
What is the maximum rent increase in Illinois? ›How Much Can a Landlord Raise Rent By in Illinois? In Illinois, landlords can raise rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.
Who regulates mobile home parks in Illinois? ›The Mobile Home Park Act (210 ILCS 115) requires all communities with five or more homes to be licensed by the Illinois Department of Public Health unless the community is located in a home rule unit. Generally, municipalities with a population of 25,000 or more are home rule units.
Is there a limit to how much rent can be raised in Chicago? ›There is no legal limit to how much your landlord can raise your rent in Illinois. Illinois has a Rent Control Preemption Act (1997) that prevents cities from controlling rent prices on private property. For tenants, a landlord could theoretically decide to raise your rent by $1,000 once your lease term is up.
How much notice do Illinois landlords have to give tenants about rent increases? ›
If Your Landlord Moves to Raise Your Rent
Under the ordinance, landlords must provide: 60 days of notice to raise your rent if you have lived in your apartment for more than six months but less than three years. 120 days of notice to raise your rent if you have lived in your apartment for more than three years.
Rent control is one of the hot topics in leasing private residential properties to tenants. As of 1997, there is a rent control ban known as the Rent Control Preemption Act, which prevents municipalities from putting in any measures meant to exercise control over the amount of rent charged to tenants.
How much notice do I need to give my landlord to move out Chicago? ›If you pay rent on a monthly basis, you must give your landlord at least one month advance written notice that you are moving out. Otherwise, you can be held liable for another month's rent. If you pay rent on a weekly basis, you must give your landlord at least 7 days advance written notice that you are moving.
What is the mobile home law in Illinois? ›The Mobile Home Park Act requires all communities with five or more homes to be licensed by the Illinois Department of Public Health unless the community is located in a home rule unit. Generally, municipalities with a population of 25,000 or more are home rule units.
Is a mobile home considered real property in Illinois? ›Mobile homes and manufactured homes outside of mobile home parks are assessed and taxed as real property whether or not such mobile homes and manufactured homes are affixed to a permanent foundation.
How to negotiate rent? ›- Be polite. ...
- Explain your strengths as a renter. ...
- Let them know you have options. ...
- Pick the right offer. ...
- Leverage other properties' amenities. ...
- Offer the landlord something of value. ...
- Be open to adjusting your lease. ...
- Take non-monetary concessions.
Citywide rent is expected to increase 3.5-4 percent according to a 2023 Chicago annual report from Integra Realty Resources, a consulting and appraisal firm.
How long can a tenant stay after the lease expires in Illinois? ›For tenancies 6 months-3 years, must give 60 days notice or tenant can stay for 60 days. For tenancies over 3 years, must give 120 days notice or tenant can stay for 120 days.)
Why do mobile homes feel cheap? ›Mobile homes are inexpensive because when you buy one, it's technically not “real estate” - it's a form of personal property, like an RV. It does not include the land which is traditionally a part of a conventional single family dwelling.