Exercise 14

Sparky rents a mobile home space in the Rosey Mobile Home Park. Sparky tends to keep a lot of old appliances, inoperable cars, and other trash in the area surrounding his mobile home. The landlord spoke with Sparky about the junk laying around his mobile home, repeatedly asking him to remove it. Eventually, the landlord wrote to Sparky to tell him that his rental agreement would be terminated if he did not remove the trash because he was violating the rules and regulations of the park. Shortly thereafter, the landlord served Sparky with a 30-day notice to quit his tenancy. The notice did not explain why his rental agreement was being terminated, but, in a subsequent letter, the landlord told Sparky that he should “be sure to remove all of the trash, cars, and appliances” from the park when he vacates his space. When Sparky did not remove his mobile home from the park, the landlord sued for a writ of restitution.

Should the judge grant the writ?

A. No, because the landlord did not comply with the notice requirements of the Mobile Home Park Act.

The correct answer is A. The Mobile Home Park Act is strictly enforced. Substantial compliance with the statutory notice requirements will not satisfy the landlord’s obligations—even where, as here, Sparky had actual notice of the reasons for termination of the rental agreement. The landlord is required to include, in the notice to quit, the reason for terminating the tenancy and the date, place and circumstances of any acts allegedly justifying the termination. The landlord did not provide that information in the notice. See Green Valley Mobile Home Park v. Mulvaney, 1996-NMSC-037.

B. Yes, because Sparky violated the park’s rules and regulations and the landlord provided adequate notice.

Sorry, but that's not the correct answer. Please select another.