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Mobile Home Park Act (Part 3)

Landlord/Tenant Tutorial for Judges in New Mexico

What rules and regulations can a landlord enforce concerning the resident’s use and occupancy of the mobile home park?

Under §47-10-15, a landlord may enforce the mobile home park’s rules and regulations against the resident only if:

  1. The rules and regulations are submitted to the residents for comment sixty days before they are implemented;
  2. Their purpose is to promote the convenience, safety or welfare of the residents, protect and preserve the park from abusive use, or make a fair distribution of services and facilities held out for the residents generally;
  3. They are reasonably related to the purpose for which they are adopted;
  4. They are not retaliatory or discriminatory in nature, except that all or any portion of the park may be designated for adult-only occupancy after a six-months’ notice to the residents; and
  5. They are sufficiently explicit in prohibition, direction, or limitation of the resident’s conduct to fairly inform him or her of what is necessary to comply with the rules and regulations.

Can rules or regulations adopted after the resident enters into the rental agreement be enforced against that resident?

According to Section 47-10-15.1, a rule or regulation adopted after the resident entered into the rental agreement is enforceable against that resident only if:

  1. The landlord gave the existing residents at least sixty days notice of the proposed rule or regulation;
  2. The landlord gave the existing residents a period of at least 30 days to comment on the proposed rule or regulation; and
  3. The new rule or regulation does not require physical improvements to the existing residents’ mobile homes or lots unless the mobile home or lot violates a local municipal or county ordinance or the physical condition of the existing resident’s mobile home or lot is a public nuisance or threat to the public peace, health or safety.

New rules or regulations prohibiting pets are not enforceable against existing residents if the existing pets comply with the rules and regulations in place at the time the resident entered into the rental agreement and the pets are not a nuisance violating the public peace, health or safety. §47-10-15.1(B).

How does a landlord “evict” a resident from a mobile home park?

To remove a resident and the resident’s mobile home from a mobile home park, the landlord must complete the following steps:

  1. Terminate the lease or rental agreement by properly serving a notice to quit on the resident with an appropriate amount of notice. §47-10-3.
  2. If a resident does not remove a mobile home within the period lawfully allowed by the notice to quit, then the landlord must file an action for possession in the court. §§47-10-4 and 47-8-40.
  3. If the landlord prevails, the court will grant judgment for possession by the landlord and issue a notice of judgment to the resident and to a lien holder, if one exists. Subsequently, the court will issue a writ of restitution (to restore the space—free of the mobile home—to the landlord). §47-10-9(A).
  4. The judgment and notice of judgment shall state that at a specified time, not less than 48 hours after entry of the judgment, the sheriff will return to serve the writ of restitution and to superintend (supervise) the removal of the mobile home from the mobile home park. §47-10-9(B).
  5. If the resident or owner of the mobile home does not remove the mobile home within the time allowed by the writ, the landlord and the sheriff may take possession of the mobile home for removal and storage. §47-10-9(D).

Are the landlord and sheriff liable for damage to the mobile home that occurs during removal and storage?

The landlord and sheriff are liable only for damages resulting from gross negligence or willful and wanton disregard of the property rights of the mobile home owner. In any case, the landlord and sheriff will not be held liable for damage to the mobile home due to freezing, wind damage, or weather damage. §47-10-9(D).

When can a landlord terminate a tenancy in a mobile home park?

A landlord may terminate a tenancy for the following reasons only:

  • Failure of the resident to abide by local ordinances and state laws and regulations concerning mobile homes. §47-10-5(A).
  • Resident conduct within the mobile home park that annoys other residents or interferes with mobile home park management. §47-10-5(B).
  • Failure of the resident to comply with the written rules and regulations of the mobile home park (when the rules and regulations were promulgated according to the requirements of the Mobile Home Act). §47-10-5(C).
  • Condemnation or change of use of the mobile home park, with adequate notice to the resident. §47-10-5(D).
  • Zoning change (as long as the resident receives at least six months notice. §47-10-5(E).
  • Failure to pay rent. §47-10-6.

The statute specifically prohibits termination of a lease solely because of the mobile home’s age or size. §47-10-3(E).

Can the landlord evict the resident without a notice to quit or a writ of restitution?

No. The landlord must first give the tenant proper notice that the rental agreement is being terminated. The notice must be in writing and must be directed to the resident. §47-10-3(A). The writing must include:

  1. The name of the landlord or the mobile home park;
  2. The mailing address of the property;
  3. The location or space number upon which the mobile home is situated;
  4. The county in which the mobile home is located; and
  5. The reason for terminating the tenancy and the date, place and circumstances of any acts allegedly justifying the termination.