A landlord of a mobile home park (also called a manufactured dwelling park) or floating home marina must have written rules and regulations about how tenants use the rented space and park or marina facilities, and they must be attached to the Statement of Policy given to facility tenants when they move in. Rules and regulations are considered to be a part of the rental agreement (which also must be in writing). These rules and regulations do not need to be the same for all tenants at all times, so long as the rules are applied fairly. Your landlord may enforce a rule or regulation only if it promotes the convenience, safety or welfare of the tenants; protects the landlord's property from abusive use; or helps all tenants have fair use of shared services and facilities.
The rule or regulation must also meet all of the following criteria:
These criteria allow your landlord some leeway in making and enforcing
rules differently for different tenants. For example, a landlord can
have different rules for new tenants who move into the facility. The
old rules might allow woodpiles in the carport for existing tenants,
while the new rules for new tenants do not. In addition, state and
federal anti-discrimination laws require landlords to make reasonable
accommodations to rules to afford tenants with disabilities an equal
opportunity to use and enjoy their dwelling, so, for example, your
landlord might allow a tenant who uses a wheelchair to have special
parking privileges.
A landlord may waive his or her right to enforce a rule, by accepting
performance by the tenant that varies from the terms of the rule or
by accepting rent for at least 3 months while knowing that the tenant
is not complying with the rule, such as by having a prohibited pet.
A landlord can avoid waiving a rule by giving the tenant a written
warning notice. A facility landlord never waives the right to enforce
a rule regarding maintenance of the dwelling or the space.
Manufactured dwelling and floating home facility landlords may also
issue reasonable occupancy guidelines. If your landlord chooses to
have such a rule, the rule must be based on reasonable factors. Such
factors may include the size of the dwelling and that of the rented
space. Other reasonable factors to consider would be any discriminatory
impact on groups legally protected against discrimination based on
race, color, religion, sex, sexual orientation, national origin, marital
status, familial status, source of income or disability, and limitations
placed on utility services governed by a water or sewage permit. Any
occupancy guideline may not be more restrictive than limiting occupancy
to 2 people per bedroom of the dwelling.
If your facility landlord changes the rules to no longer allow pets,
you may keep a pet already legally living with you at the time your
landlord provides notice of the rule change. Furthermore, you can replace
the pet with a pet similar to the one living with you at the time the
landlord provided notice of the proposed change. However, new rules
about the activities of pets apply to all pets in the facility, including
those living in the facility before the new rule. Keep in mind that
any new rule must meet the criteria described above. If you entered
into a rental agreement after Oct. 31, 1997, your facility landlord
may not charge you extra for having a pet. However, tenants who own
pets and start renting a facility space after that date may be required
to sign a pet agreement and carry liability insurance for the pet.
A violation of the pet rules can result in an eviction (with a right to cure the first violation) and also can result in a fine of up to $50 per violation, if the violation relates to pet waste and the pet agreement or the rules allow a fine for that.
Tenants may use any common areas or facilities for any lawful activity,
including tenant association meetings or tenant organizing. The landlord
may impose reasonable restrictions on the time and manner of use,
including requiring a deposit to ensure that the area is not damaged
or left unclean. But the landlord may not require tenants to acquire
a bond or insurance policy as a condition for using common areas
or facilities in the park or marina.
A manufactured dwelling or floating home facility landlord may propose
rule changes, including those that greatly change the original agreement
with a tenant. The landlord must simply give notice of the rule or
regulation change to all tenants in the facility not already subject
to the proposed rule. Unless a majority of tenants not already subject
to the rule object in writing within 30 days of the date the notice
was served, the change becomes effective for all tenants no less than
60 days after the date the notice was served by the landlord. One tenant
per rented space may object to the proposed rule change, either by
an individual written objection to the landlord or by signing a petition
with other tenants. Sometimes a tenant may sign more than one petition
or sign a petition and file a separate objection. In such cases, the
tenant's most recent vote will count and the earlier ones will not.
The landlord’s notice must include a copy of any old rule and
the proposed change, as well as a form describing the tenant’s
right to vote on the change. This right to vote provision does not
apply to rent increases.
On the other hand, a landlord may not unilaterally change a provision
of the rental agreement, except with regard to pets as described above,
converting the method of billing for utilities to the submetering method,
rent increases or changes required by state or local law.
Sometimes landlords will seek to change the rules by offering the
tenants a new rental agreement with new rules. Existing tenants are
not required to accept or sign this new agreement.
Legal editor: John VanLandingham October 2011