Real Property (GRP) — Title 8A. Mobile Home Parks

“Mobile home” means a structure:

“Mobile home” includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

Lot, plot, site, or parcel in the park; or

Building, structure, or mobile home in the park.

“Resident” means a mobile home owner who leases or rents a site for residential use and resides in a mobile home park.

“Resident” includes a person who maintains a permanent residence with the mobile home owner, and who obtains title to the mobile home after the death of the owner under the terms of a will or by operation of law.

Provide the prospective resident with a written notice identifying the availability, capacity, and connection fee of all utility services at the proposed site in order to assure the proper and adequate installation of the mobile home. The prospective resident shall furnish to the park owner a written acknowledgment of this notification and acceptance of the site as proposed.

Deliver a copy of the rules and an explanation of any provision for amendment of the rule.

Deliver a copy of the rental agreement which shall contain the following:

A rental agreement may not require an annual payment of rent for a site.

A prospective resident may request and a park owner may agree that the resident make an annual payment of rent for the site.

In this subsection, “qualified resident” means a year–round resident who:

If the use of land is changed:

If a resident’s rental agreement is not renewed on the basis that the resident is not a qualified resident, the park owner shall, within 5 days, provide the resident with a written statement of the specific reason for nonrenewal of the rental agreement.

A resident who has been offered a 1–year rental agreement under this section, and who has selected a month–to–month term and has not requested a 1–year rental agreement under this section, is not entitled to a 1–year rental agreement after a notice to terminate is delivered by certified mail to the resident by the park owner.

A provision whereby the resident authorizes any person to confess judgment on a claim arising out of the rental agreement.

A provision whereby the resident agrees to waive or to forego any right or remedy provided by applicable law.

Any provision whereby the resident waives his right to a jury trial.

Any provision authorizing the park owner to take possession of the leased premises, or the resident’s personal property therein unless the rental agreement has been terminated by action of the parties or by operation of law, and such personal property has been abandoned by the mobile home resident without the benefit of formal legal process.

Within 30 days after obtaining ownership of a mobile home, a resident as defined under § 8A–101(j)(2) of this title shall:

A park owner may not unreasonably deny an application submitted under paragraph (1)(ii) of this subsection.

Notwithstanding any other provision of law, a resident as defined under § 8A–101(j)(2) of this title shall remove the resident’s mobile home from the park:

Provide notice of the sale to:

Post notice of the sale in a public area of the mobile home park.

This subsection applies only to a rental agreement that has a term of not less than 1 year that is offered for renewal for a term of not less than 1 year.

If a park owner intends to offer the renewal of a lease agreement with an increase in rent, the park owner shall provide notice to the resident of the rent increase no later than 60 days before the expiration of the existing rental agreement.

A park owner shall establish reasonable rules related to the order, peace, health, safety, and qualification standards of mobile homes, residents, and the operation of the park.

A rule established under paragraph (1) of this subsection may not be enforced unless it is in writing and is delivered to each resident in the park.

A park owner shall prescribe reasonable, written standards for the mobile homes to be placed or retained in the park, their size, quality, appearance, material specification, construction and safety condition.

A rule adopted pursuant to paragraph (1) of this subsection setting a standard for the size, quality, material specification, or construction of mobile homes may not be enforced against any individual:

Delivers a copy of the rule or standard to each resident affected thereby; and

Posts a copy of the rule or standard in a conspicuous place in the park.

The date specified in the amendment; or

30 days after the park owner delivers to each resident written notice of the proposed amendment.

In connection with the renewal of a rental agreement; or

To determine if a resident is qualified under § 8A-202(c) of this title.

Enforce the designation of an area in a park for exclusive occupancy by adults against any individual who, at the time the designation is made, is the owner or tenant of a mobile home in the park, as to that mobile home at its location at the time of the designation.

Subparagraph (i) of this paragraph does not apply if only a part of the park is so designated, and

This subsection applies to a person who sells a mobile home and, in connection with the sale:

Prior to the execution of a contract for the sale of a mobile home, the seller of the mobile home shall provide to the buyer a copy of any rules established under Subtitle 3 of this title by the owner of the park in which the mobile home is to be located.

A contract is unenforceable by a person described in paragraph (1) of this subsection if the person does not comply with paragraph (2) of this subsection.

Comply with all applicable building, housing, zoning, and health codes;

Keep in good repair the leased site and all permanent fixtures that the park owner provides;

Keep in a good state of appearance, repair, safety, and cleanliness the common areas and buildings;

Provide at all reasonable times for the benefit of residents access to common areas, including their buildings and improvements, which access may not infringe on the leased site of any resident; and

Keep in good repair each utility service.

A park owner may not impose a security deposit in excess of the equivalent of 2 months’ rent, or $50, whichever is greater. If a security deposit exceeds this amount, the resident may recover up to threefold the extra money charged, plus reasonable attorney’s fees.

The park owner shall give the resident a receipt for the security deposit.

The receipt may be included in a written rental agreement.

The park owner shall be liable to the resident in the sum of $25 if the park owner fails to provide a written receipt for the security deposit.

The receipt or rental agreement shall contain language informing the resident of his rights under this section to receive from the park owner a written list of all existing damages if the resident makes a written request of the park owner within 15 days of the resident’s occupancy.

If the park owner imposes a security deposit, on written request, he promptly shall provide the resident with a written list of all existing damages. The request must be made within 15 days of the resident’s occupancy.

Failure to provide the resident with this written statement renders the park owner liable to the resident for threefold the amount of the security deposit. The total amount of damages shall be subject to a setoff for damages and unpaid rent which reasonably could be withheld under this section.

The park owner shall maintain all security deposits in a banking or savings institution in the State. This account shall be devoted exclusively to security deposits and bear interest.

A security deposit shall be deposited in the account within 30 days after the park owner receives it.

In the event of sales or transfer of any sort, including receivership or bankruptcy, the security deposit is binding on the successor in interest to the person to whom the deposit is given. Security deposits are free from any attachment by creditors.

Any successor in interest is liable to the resident for failure to return the security deposit, together with interest, as provided in this section.

Within 45 days after the end of the tenancy, the park owner shall return the security deposit to the resident together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld.

Interest shall be payable only on security deposits of $50 or more.

If the park owner, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the resident has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.

The security deposit, or any portion of the security deposit, may be withheld for unpaid rent, damage due to breach of the rental agreement, or damage to the leased premises by the resident or the resident’s family, agents, employees, or social guests in excess of ordinary wear and tear.

The resident has the right to be present when the park owner or his agent inspects the premises in order to determine if any damage was done to the premises, if the resident notifies the park owner in writing of his intention to move, the date of moving and his new address. The notice to be furnished by the resident to the park owner shall be mailed at least 15 days prior to the date of moving. Upon receipt of the notice, the park owner shall notify the resident in writing of the time and date when the premises are to be inspected. The date of inspection shall occur within 5 days after the moving as designated in the resident’s notice. The resident shall be advised of his rights under this subsection in writing which may be included in the rental agreement at the time of his payment of the security deposit. Failure by the park owner to comply with this requirement forfeits the right of the park owner to withhold any part of the security deposit for damages.

Nonpayment of rent; or

The following violations:

In this section the following words have the meanings indicated.

“Threaten to take possession” means using words or actions intended to convince a reasonable person that the park owner intends to take imminent possession of the leased premises in violation of this section.

Except as provided in paragraph (2) of this subsection, a park owner may not take possession or threaten to take possession of leased premises from a resident or resident holding over by locking the resident out or any other action, including willful diminution of services to the resident.

A park owner may take possession of leased premises from a resident or resident holding over only:

If in any proceeding the court finds in favor of the resident because the park owner violated subsection (b) of this section, the resident may recover:

The remedies set forth in this subsection are not exclusive.

If a mobile home park owner does not submit a relocation plan for the park residents or does not comply with the terms of an approved plan, the mobile home park owner is in default of the plan and the application for change of land use submitted under subsection (a) of this section may not be approved until the owner submits and complies with a plan.

A relocation plan for park residents shall include:

If a mobile home park owner undertakes a reasonable, good faith inquiry to obtain the information required under paragraph (2) of this subsection and the information in the relocation plan is based on the owner’s reasonable, good faith inquiry, the owner shall not incur any liability and may not be estopped from obtaining possession of the premises because of a failure to provide accurate information in the relocation plan.

A relocation plan may not require, as a condition of approval by the local governing body of the plan or the change in land use submitted under subsection (a) of this section, that:

If an owner rescinds a notice of park closure, the owner is not required to pay relocation assistance after the date the notice of rescission is sent to the residents.

An owner is not required to pay relocation assistance to any potential resident who, after receiving written notice of the application for change in land use or written notice of park closure, signs an agreement to rent premises in the park.

If a mobile home park with more than 10 sites is closed, the relocation assistance paid to each household shall equal the amount of rent for the premises, excluding taxes and utilities, paid for the 12 months immediately preceding the date the resident vacates the premises.

The relocation assistance shall be paid in the following manner:

If a resident fails to return possession of the premises by removing the mobile home from the premises on or before the date specified in the resident’s notice of intention to vacate, the resident shall forfeit the balance of any relocation assistance due unless the mobile home park owner agrees in writing to a different date.

The local governing body of the county or municipal corporation in which a mobile home park is located may provide additional relocation assistance to residents.

A mobile home park owner is not responsible for any payments made under paragraph (1) of this subsection.

For any reason listed in paragraph (2) of this subsection, a park owner may not:

A park owner may not take an action that is listed under paragraph (1) of this subsection for any of the following reasons:

A park owner’s violation of subsection (a) of this section is a “retaliatory action”.

A resident may raise a retaliatory action of a park owner:

A resident or a park owner may enforce by civil action any right or duty under this title.

If either the park owner or the resident fails to comply with the rental agreement or with this title, the aggrieved party may recover the damages caused by the noncompliance.

In an action by or against a resident, if the resident prevails and if the rental agreement contains a provision that allows attorney’s fees to the park owner, the court also may allow reasonable attorney’s fees to the resident.

In an action by a resident, the court may award equitable relief that it considers necessary, including the enjoining of further violations. The losing party may be liable for court costs and reasonable attorney’s fees incurred by the prevailing party.

Promotes the convenience, safety, or welfare of residents;

Preserves from abusive use property of the park owner;

Promotes a fair distribution of services or facilities held out to residents generally;

Relates reasonably to its purpose;

Applies to all residents in a fair manner;

Is sufficiently explicit for a resident to comply; and

Is for the purpose of evading an obligation of the park owner.

Refuse to enforce the rental agreement or park rule;

Enforce the remainder of the rental agreement or park rule without the unconscionable provision; or

Limit the application of any unconscionable provision as to avoid any unconscionable result.

A defense of material noncompliance with this title if, before the due date of rent, the resident gave to the park owner written notice that based on the noncompliance the resident did not intend to pay rent and specified in detail the provision of noncompliance; or

Any other legal or equitable defense.

If, at the trial on the fifth day indicated in subsection (b) of this section, the court is satisfied that the interests of justice will be better served by an adjournment to enable either party to procure his necessary witnesses, he may adjourn the trial for a period not exceeding 1 day, except that if the consent of all parties is obtained, the trial may be adjourned for a longer period of time.

If, when the trial occurs, it appears to the satisfaction of the court, that the rent, or any part of the rent, is actually due and unpaid, the court shall determine the amount of rent due and enter a judgment in favor of the park owner for possession of the premises. The court may also give judgment in favor of the park owner for the amount of rent determined to be due together with costs of the suit if the court finds that the actual service of process made on the defendant would have been sufficient to support a judgment in an action in contract or tort.

The court, when entering the judgment, shall also order the resident to yield and render possession of the premises to the park owner, or his agent or attorney, within 30 days after the trial.

The court may, upon presentation of a certificate signed by a physician certifying that surrender of the premises within this 30-day period would endanger the health or life of the resident or any other occupant of the premises, extend the time for surrender of the premises as justice may require. However, the court may not extend the time for the surrender of the premises beyond 45 days after the trial.

However, if the resident, or someone for him, at the trial, or adjournment of the trial, tenders to the park owner the rent determined by the court to be due and unpaid, together with the costs of the suit, the complaint against the resident shall be entered as being satisfied.

Subject to paragraph (3) of this subsection, in any action of summary ejectment for failure to pay rent where the park owner is awarded a judgment giving the park owner restitution of the leased premises, the resident shall have the right to redemption of the leased premises by tendering in cash, certified check, or money order to the park owner or the park owner’s agent all past due rent and late fees, plus all court awarded costs and fees, at any time before actual execution of the eviction order.

An electronic or written check issued by a political subdivision or on behalf of a governmental entity shall have the same legal effect as a payment made by the resident under paragraph (1) of this subsection.

This subsection does not apply to any resident against whom three judgments of possession have been entered for rent due and unpaid in the 12 months prior to the initiation of the action to which this subsection otherwise would apply.

A resident under any lease or someone holding under him, who shall unlawfully hold over beyond the termination of the rental agreement, shall be liable to the park owner for the actual damages caused by the holding over.

The damages awarded to a park owner against the resident or someone holding under him, may not be less than the apportioned rent for the period of holdover at the rate under the rental agreement.

Any action to recover damages under this section may be brought by suit separate from the eviction or removal proceeding or in the same action and in any court having jurisdiction over the amount in issue.

Nothing contained herein is intended to limit any other remedies which a park owner may have against a holdover resident under the rental agreement or under applicable law.

Where any interest in property shall be leased for any definite term or at will, and the park owner shall desire to repossess the property after the expiration of the term for which it was leased and shall give notice in writing 1 month before the expiration of the term or determination of the will to the resident or to the person actually in possession of the property to remove from the property at the end of the term, and if the resident or person in actual possession shall refuse to comply, the park owner may make complaint in writing to the District Court of the county where the property is located. The court shall issue its summons to the resident or person in possession that he appear on a day stated in the summons before the court to show cause (if any he have) why restitution of the possession of the estate leased should not be made to the park owner. Upon the failure of either of the parties to appear before the court on the day stated in the summons, the court may continue the case to a day not less than 6 nor more than 10 days after the day first stated and notify the parties of the continuance.

If upon hearing the parties, or in case the resident or person in possession shall neglect to appear after the summons and continuance the court shall find that the park owner had been in possession of the leased property, that the said lease or estate is fully ended and expired, that due notice to quit as aforesaid had been given to the resident or person in possession and that he had refused so to do, the court shall thereupon give judgment for the restitution of the possession of said premises and shall forthwith issue its warrant to the sheriff or a constable in the respective counties commanding him forthwith to deliver to the park owner possession thereof in as full and ample manner as the park owner was possessed of the same at the time when the leasing was made, and shall give judgment for costs against the resident or person in possession so holding over. Either party shall have the right to appeal therefrom to the circuit court for the county within ten days from the judgment. If the resident appeals and files with the District Court an affidavit that the appeal is not taken for delay, and also a good and sufficient bond with one or more securities conditioned that he will prosecute the appeal with effect and well and truly pay all rent in arrears and all costs in the case before the District Court and in the appellate court and all loss or damage which the park owner may suffer by reason of the resident’s holding over, including the value of the premises during the time he shall so hold over, then the resident or person in possession of said premises may retain possession thereof until the determination of said appeal. The appellate court shall, upon application of either party, set a day for the hearing of the appeal, not less than 5 nor more than 15 days after the application, and notice for the order for a hearing shall be served on the opposite party or his counsel at least 5 days before the hearing. If the judgment of the District Court shall be in favor of the park owner, a warrant shall be issued by the appellate court to the sheriff, who shall proceed forthwith to execute the warrant.

The provisions of this section shall apply to all cases of tenancies from year to year, tenancies of the month and by the week. In case of tenancies from year to year, notice in writing shall be given 3 months before the expiration of the current year of the tenancy, and in monthly or weekly tenancies, a notice in writing of 1 month, shall be so given; and the same proceeding shall apply, so far as may be, to cases of forcible entry and detainer.

When the resident shall give notice by parole to the park owner or to his agent or representatives, at least 1 month before the expiration of the lease or tenancy in all cases except in cases of tenancies from year to year, and at least 3 months’ notice in all cases of tenancy from year to year, of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that time, and the park owner, his agent, or representative shall prove the notice from the resident by competent testimony, it shall not be necessary for the park owner, his agent or representative to provide a written notice to the resident, but the proof of such notice from the resident as aforesaid shall entitle the park owner to recover possession of the property hereunder.

Represents the interests of the homeowners in a manufactured housing community;

Is open to all homeowners residing in the manufactured housing community;

Is controlled by the members of the organization; and

Comprises homeowners who lease or rent at least 75% of the lots in the manufactured housing community.

“Manufactured housing community” means any property leased or held out for lease to two or more owners of manufactured homes for residential use.

“Manufactured housing community” includes a park.

A mortgagee, grantee, or other secured party has foreclosed on the manufactured housing community and the mortgagee, grantee, or secured party is selling the manufactured housing community:

The community owner is selling the manufactured housing community to:

The community owner is a partnership, limited liability company, or similar business entity and the sale is to one or more of the partners or members of the business entity;

The conveyance of an interest in the manufactured housing community is incidental to the financing of the manufactured housing community;

The sale of the manufactured housing community is between joint tenants or tenants in common;

The sale of the manufactured housing community is a result of the exercise of the power of eminent domain;

The sale of the manufactured housing community involves a merger, recapitalization, or similar transaction where:

The sale of the manufactured housing community involves:

The purchaser will allow continued use of the land as a manufactured housing community for 5 years after the date the purchase is finalized; and

Rent for a lot on the property will not increase by more than 10% per year for the first 3 years after the date the purchase is finalized.

Providing notice of the terms of the offer or the contract that the community owner has conditionally accepted to:

Providing the homeowners with the opportunity to purchase the manufactured housing community in accordance with § 8A–1804 of this subtitle.

Be posted in a public area of the manufactured housing community;

Be sent by registered or certified mail to the homeowners organization; and

Include the following information:

Providing documentation to the community owner indicating that at least 75% of the members of the homeowners organization who reside in the manufactured housing community, with one vote per home, have voted to purchase the community;

Notifying the community owner of the intent to purchase the manufactured housing community; and

Submitting to the community owner a proposed agreement to purchase the manufactured housing community that includes terms substantially similar to the terms included in the sales notice provided under § 8A–1803 of this subtitle.

If the homeowners organization submits a proposed agreement to purchase the manufactured housing community in accordance with subsection (a) of this section within the 60–day period identified in § 8A–1803 of this subtitle, the community owner shall consider the offer in good faith, which shall include a duty not to act to scuttle the proposed agreement, not to arbitrarily or capriciously refuse to proceed with negotiations, and not to engage in misconduct or dishonesty in the negotiations.

After the expiration of the 60 days identified in § 8A–1803 of this subtitle, a community owner may not be required to consider additional offers from the homeowners organization.

Closes the manufactured housing community within 5 years after the date the purchase is finalized; or

Increases the rent for a lot on the property by more than 10% per year in the first 3 years after the date the purchase is finalized.