Joe Josephs inherits a used doublewide mobile home from his mother, who was a resident of Rosey Mobile Home Park when she was alive. Joe wants to move right in. When Joe meets with the landlord, the landlord shows him the rental agreement, which requires Joe to pay rent of $400.00 per month, a security deposit of $600.00, a one-time “move-in” fee of $100.00, and a “transfer fee” of $100.00 for purchasing a mobile home from a resident within the park. Joe signs the agreement and moves in, but refuses to pay the move-in and transfer fees. The landlord sues to enforce the agreement.
How should the judge rule?
- A. For Joe, because the Mobile Home Park Act does not allow “entry fees” as a condition of tenancy.
- The correct answer is A. The Mobile Home Park Act allows the landlord to charge rent, a security deposit, the cost of utilities, any fees charged by governmental agencies, and fees for any incidental services actually provided by the park or agreed to in writing by the resident. Although Joe signed the agreement with the “move in” and “transfer” fees included, these fees did not provide Joe any “incidental services” and so are not enforceable—even though Joe agreed to them in writing. Moreover, the fee for transferring ownership of the mobile home is expressly prohibited by the Mobile Home Park Act.
- B. For the landlord, because Joe signed the agreement with the fees included.
- Sorry, but that's not the correct answer. Please select another.