What Is a Trailer Park Lease?
The trailer park lease agreement, also known as a mobile home park lease, is a powerful contractual tool used to define the terms of occupancy between landlords and tenants within a mobile home park. These written agreements, while often standard in their presentation, are legally binding contracts that dictate the course of a tenant’s residency.
The agreement explicitly sets forth the roles of both parties. Landlords are responsible for providing basic necessities such as water, sewers, and electricity to the premises, and compliance with health and safety standards. In return, tenants agree to abide by specified rules and regulations for the use of the property , along with the timely payment of rent.
These agreements hold significant legal importance. They provide a framework for conflict resolution should issues arise, and detail the rights and responsibilities of both parties. They can also affect a tenant’s ability to claim homestead rights, as these rights typically extend only to those who occupy the land for at least six months prior to a dispute, or as required by formal tenancy agreements.
Generally, parks cannot evict tenants without cause. However, the duties imposed by the agreement cover a wide—and somewhat vague—range of actions and behaviors. For instance, failure to promptly pay rent has been cited as grounds for eviction after just five days.
Parts of a Trailer Park Lease
In a trailer park lease agreement, there are important components that the traffic can expect to see. Usually, rental agreements are agreed upon for either a set time or on a month-to-month basis. A trailer park lease agreement can be likened to a standard apartment lease agreement; however, the terminology may vary. Some of the key components that are generally included are:
The agreed-upon lease term.
The rental amount and the method to submit rent.
The security deposit amount and if there are additional fees, such as an administrative fee.
Information on how the lease is terminated.
Information about mandatory park inspections, fire inspections and payment agreements.
References to the municipal land use ordinances.
Requirements for maintenance and upkeep, such as mandated lawn maintenance and snow removal.
The right for the park to shut off water if fees are not paid within a specified time frame.
Reasons for eviction.
The right to collect costs and attorney’s fees if any lease violations occur.
There may be additional requirements, depending on the nature of the park and what the park owner states in the lease agreement. Reading the lease carefully before signing it is essential.
Rights of Tenants in a Trailer Park
The trailer park’s tenants do have certain rights under their lease agreement.
They have the right to exclusive enjoyment of their rented space. The right is limited by the right of the landlord to enter the space during reasonable times to perform necessary repairs. Any other entries typically require the tenant’s permission. The right of exclusive enjoyment applies only to the tenant’s rent space (e.g. trailer, home) and the immediate surrounding area (i.e. a yard). The rights do not apply to the common areas of the park.
The tenants have the right to quiet enjoyment of their space and property. This right applies to the tenant’s right to silence from others (neighbors) on their property and to silence from the landlord (or other tenants) in the common areas of the park.
Tenants have the right to enjoy the use of common areas and recreational facilities.
Tenants of trailer park leases are protected, to some extent, from arbitrary or unlawful eviction. Alberta law requires that trailer park owners give a specified notice prior to terminating a lease.
Responsibilities of Owners in a Trailer Park
The landlord in a trailer park is obligated to keep and maintain the park as well as the trailer clean, sanitary, and in good repair. A landlord must "comply with the requirements of applicable state and municipal fire, health, safety, and maintenance laws and regulations." They also must provide the trailer park tenants with reasonably adequate and safe facilities that they need to get the full use and enjoyment or their trailers.
The landlord is obligated to maintain an area for either garbage disposal or to periodically pick up garbage from the trailer park. The landlord has an obligation to remove garbage either "at least once a week" or more often than once a week as may be necessary.
When a tenant or landlord seeks to remove a tenant from a trailer park, in most instances, the landlord must first notify the tenant of any lease violation and give that tenant "at least fourteen days" to correct the violation. However, there are some pre-emptive circumstances where the tenant will not be able to correct a violation. For instance, if the lease requires a tenant to maintain their trailer in accordance with state or municipal laws, a tenant will not be able to "correct" a violation for a lease that merely states that a tenant must comply with all state and local laws, as that would mean the tenant is always in continual compliance with the lease. Another example of a pre-emptive circumstance is where the lease requires a tenant to maintain their trailer exclusively in accordance with the manufacturer’s guidelines, which would mean that the tenant cannot correct the violation until the manufacturer sends out a warning. In those instances, the notice provision will be inapplicable.
Typical Lease Agreement Terms
Common clauses in trailer park lease agreements often address matters such as pet policies, the enforcement of community rules, and procedures for renewal or termination of the lease. Some of the most commonly used clauses include:
Pet Policy
All parks in Alabama must have a written rule to address conditions concerning pets. These conditions are typically added as an attachment to the lease agreement. Commonly, this rule will state that pets are permitted, but only upon prior written approval from the park. This approval is often conditioned upon the payment of a non-refundable pet deposit.
These rules will also commonly prohibit aggressive dog breeds, including the following breeds: Doberman Pinschers, Rottweilers, German Shepherds, Akitas, Chows, Pit Bull Terriers, and any crosses of the aforementioned breeds. The list above is only a popular example and it may vary from park to park . Owners are encouraged to review the community’s pet policy regularly in the event any amendments have been made.
Rules Violation and Enforcement
It is a common rule for communities to permit the park to conduct periodic inspections of homes to ensure the lease obligations are being met. If they are not, the park will often have the option to immediately terminate the lease. Common parking lot violations include rude behavior, intoxication, loud noise including loud music or partying, improper pet control, improper waste disposal, and illegal activity.
Lease Renewal and Termination
Application for renewal of the lease must be in writing and submitted no more than three months before the expiration of the lease. Park owners should decide whether to renew the lease and provide this information in writing within thirty days before the expiration of the term.
Resolving Issues in a Trailer Park
While one hopes that disputes with the landlord will be rare for any tenant living in a trailer park, the reality of life is that often such disputes do arise. The good news is that when they do arise, there are a variety of mechanisms which are available to the tenant in order to resolve them. Almost always the best first step is a clear, non-threatening but assertive communication with the landlord. Everyone is human and disputes which involve personal resentment tell on what can be very unpleasant for all parties. So it is always preferable to handle matters with the landlord as if this is simply a business matter. Sometimes your communications with your landlord will resolve the problem. If a civil resolution cannot be reached then it may be necessary to file a complaint with the Landlord-Tenant Branch of the Ministry of Municipal Affairs and Housing. If this is not an option, then the tenant may have to seek a resolution in the Small Claims Court, however, use of that Court is infrequent.
A word of caution, however, before embarking upon legal action. Any time you decide to enter the formal legal system there is the possibility that you will lose. Should you lose, you stand a good chance of paying all of the fees and costs associated with taking the action. An alternative to entering court is use of mediations or arbitrations. These are in essence private, informal hearings which attempt to, through discussion, come to an agreement over the issue at stake between the parties.
Advice for Trailer Park Lease Negotiation
The following tips can help tenants ensure there are no nasty surprises and understand the legal obligations of the landlord and the tenant. Housing actions in suburban communities have gotten articles in the Chicago Tribune, and the Chicago Sun-Times has received lots of complaints about unfair trailer park lease provisions. I’ve received a number of calls that confirm the problem.
The tenant should do the following:
- Read the lease before signing. Ask questions on anything that you do not understand. Inquire whether outside help is available to the park. If not written, you may have no recourse for issues that arise.
- Be aware that the park owner may increase your lot rent annually due to rising expenses of the park.
- Request rent receipts for full prepaid rent. Be sure that your pre-paid rent is noted. Take a picture of the park office bulletin board. It is not uncommon for parks to post notices of rent increases without mail.
- Keep updated information about how to pay rent. This helps to avoid late fees.
- For rent increases over a 3 percent increase , the park owner is required to serve a notice at least 60 days prior to the increase.
- For violations of the lease, first obtain the right to an informal review (which requires that you be sent a letter noting the violation). Be sure to respond in writing. You can make a request for a hearing only after the deadline for compliance of the lease violation.
- Note how late fees will be applied to you.
- Understand how the lease space can be used. Be careful with clauses pertaining to one or two occupants. You may be charged additional rent if your friends are living with you until they find a place to live.
