Tenants' rights in mobile homes

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Massachusetts Law Reform Institute
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If you are a mobile home park tenant, you live in a mobile or manufactured home. You pay to park your home in a mobile home park.  

Unlike other tenants, a mobile home park tenant owns their home. What they agree to rent is the area or land under their home. Because of this, the relationship of a mobile home tenant to the mobile home park and its owner is different from other owner and tenant relationships. 

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What rights do I have as a mobile home park tenant?

Like all other tenants, you have the right to a safe, decent place to live and certain protections against eviction. 

Other rights depend on your park’s rules. The rules the park owner makes must be approved by the Attorney General’s Office and must be fair. If you think that a rule is unfair or not being followed, you can call the Attorney General's Consumer Hotline at (617) 727-8400 or file a complaint online.

What are the park owner’s responsibilities?

The park owner can be a person or a business. All park owners must:

  • Rent to you if you meet the park’s rules and show that you can pay the rent.
  • Offer you a 5-year lease at fair market value if you are a new tenant.  
  • Keep park roadways and common areas, like shared buildings and park land, in good condition.
  • Dispose of residents’ garbage.
  • Keep gas, electric, water, and sewer lines and utility hook-ups in good condition.
  • Make sure all park rules follow state regulations.  
  • Submit any new rules to the Attorney General’s Office and the Office of Housing and Livable Communities (EOHLC).  
  • Tell tenants any new rules at least 75 days before the rule takes effect. 
What information must I get before I rent a site?

Park owners must give you this information:

  • Park rules;
  • Total rent;
  • Extra fees, like charges for fuel or services or a local mobile home tax; 
  • Names and addresses of the park owners;
  • Any proposed or recent changes, like plans to close or sell the park; and
  • A paper called “Important Notice Required by Law” that tells you your rights.

They must let you know this information both in writing and by telling you.

What is a park owner not allowed to do?

A park owner cannot:  

  • Evict you unless they get a court order.
  • Refuse to fix a problem they are responsible for maintaining.  
  • Close a park without giving you at least 2 years’ notice.  

Age restrictions

An owner can set age restrictions on who lives in a mobile home park if it was created as a "retirement park." A retirement park is a mobile home park designed for people at least 55 years old. The law allows age restrictions only when the park is at least 20 acres in size.

Can a park owner raise my rent?

Yes. But only if they follow the right steps.  

  • If the park is rent-controlled, the local rent control agency must approve the rent increase. 
  • If there is no mobile home rent control where you live, a park owner can only increase your rent if:
    • All other park tenants get the same rent increase, and
    • The owner sends park tenants a rent increase notice saying that the tenancy ends in 30 days and what the new rent amount will be.

Rent increases are illegal if:

  • The park owner does not give you correct written notice, or
  • The rent increase is based on a park rule that is unreasonable or unfair.

If a rent increase is illegal, call the Attorney General’s Consumer Complaint Division for help at (617) 727-8400.

You do not have to agree to the rent increase. But the owner can evict you if they gave you the proper notice.

Can I get evicted from a mobile home park?

Yes. But only if:

  • You do not pay rent, or
  • You break a park rule, or
  • You break a law or rule that protects the health or safety of other tenants, or
  • The park is going to close. If the park closes, the owner must give you at least 2 years’ notice. Or
  • You refuse to pay a rent increase after you were given proper notice.

A mobile home park owner cannot evict you without a court order. If the owner wants to evict you, they must:

  1. Send you a “Notice of Termination” (or "Notice to Quit") by certified or registered mail at least 30 days before the date they want you to move out. You do not have to move out on that date.
  2. The notice must tell you the reason they want you to move and give you 15 days to “cure” or fix the problem. If a park owner doesn’t give you notice about the right to cure, the notice may be invalid and stop the eviction.
  3. File a Summary Process (eviction) case in court. Summary Process cases against mobile home tenants have the same rules as eviction cases for any other type of tenants.

This article is an overview. For more detailed information, see Legal Tactics: Chapter 16: Mobile Homes.

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