Q: Does State Law Regulate Rent Increases in Mobile Home Parks?
- No, state law does not regulate the amount of a rent increase in a mobile home park. However, MRL states that a park must give residents a 90-day advanced written notice of an increase.
Q: Can the park charge “maintenance” or “pass-through” fees in addition to the rent?
- Yes IF the residents lease or rental agreement provides for assessments or fees for maintenance, among other services. If not mentioned in the lease the new fee would have to be for “services rendered” aka Trash Pickup, in which case a 60-day advance written notice is required.
Q: Can the park charge residents for back-rent that was miscalculated because of the manager’s mistake?
- READ YOUR LEASE CAREFULLY! The answer to this question depends on what your lease says. If you have a long-term lease that stipulates the monthly rent for the term of the lease and there is no provision in the lease for a contingency, such as an increase due to management error, then NO back-rent cannot be charged. IF however your lease agreement has a contingency clause that states that back rent may be charged then YES they can collect the additional rent with a 90-day written notice.
Q: Can the resident refuse to pay the rent or deduct a certain amount from the rent if water in the park is cut off?
- NO. Instead the resident should file an emergency complaint with the Department of Housing (HCD) or a local enforcement agency.
Q: Can the park evict a resident for the payment of late rent even though their rental history shows they eventually pay the full rent?
- Yes. The resident has 5 days from the due date to pay the rent in full. After the 5 days the park must give the resident a 3-day notice to pay or risk eviction in 60-days. If the resident pays within the 3 days then the 60-day eviction is waived. The resident may only pay late (within the 3-days once notified after the first 5 days) three times in a 12-month period. After the third time the park can issue a 60-day eviction notice.
Q: Is management allowed to restrict parking and have residents’ cars towed?
- Residents or guests may be towed with out notice if: they are parked in fire lanes, in front of park entrances, or fire hydrants, if they are parked in another residents assigned space or if the vehicle presents a significant danger to the health and safety of residents. In all other cases a 7-day notice is required to tow the vehicle.
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