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Mobile Home Park Act - Intro

Landlord/Tenant Tutorial for Judges in New Mexico

Does the Uniform Owner-Resident Relations Act apply to tenancy in a mobile home park?

Yes. Although the Mobile Home Park Act, §§ 47-10-1 to -23, governs the tenancy, lease or rental occupancy of space in a mobile home park, the Uniform Owner-Resident Relations Act also applies to mobile home park owners and residents unless a provision of the Mobile Home Park Act directly conflicts with a provision of the Uniform Owner-Resident Relations Act. §47-10-18.

What is a Mobile Home Park?

A mobile home park is a parcel of land used for the continuous accommodation of twelve or more occupied mobile homes for profit. §47-10-2(C).

What law covers disputes between mobile home park landlords and residents?

The Mobile Home Park Act requires a written lease or rental agreement for a tenancy in a mobile home park space. §47-10-3(A). Thus, the written lease or rental agreement is the primary source of law for disputes between landlords and tenants. In addition, both the Mobile Home Park Act and the Uniform Owner-Resident Relations Act may apply in a given dispute. §47-10-18.

What if there is a conflict between the contract and the Mobile Home Park Act?

Generally, the landlord and resident may agree to contractual terms that differ from the Mobile Home Park Act. The court should uphold those terms as long as the Mobile Home Park Act does not prohibit them. §47-10-14(C).

What if the contract contains inequitable or illegal provisions?

If the court finds that a provision of the lease or rental agreement was inequitable when the contract was formed, the court may limit application of that provision to avoid an unjust result. §§47-8-12 and 47-10-18

Similarly, if the landlord deliberately uses a rental agreement containing provisions that he or she knows to be prohibited by law, the resident may recover damages resulting from the application of the illegal provision, as well as reasonable attorney’s fees. §47-10-14(D).

The rental agreement may not contain any provisions purporting to waive the resident’s rights under the Mobile Home Park Act. Any such provisions included in the rental agreement are void and unenforceable because they are considered contrary to public policy. §47-10-3(D).

Does the Mobile Home Park Act apply to oral agreements?

No. The Mobile Home Park Act requires all lease or rental agreements for tenancy in a mobile home park to be in writing. §§47-10-2(G), -3, & -14(A). More specifically, the Act requires the terms and conditions of the tenancy to be adequately disclosed in writing before the resident occupies the mobile home space.

What disclosures must a landlord make to a resident?

Before a resident occupies a mobile home space or lot within a mobile home park, §47-10-14(A) requires the landlord to disclose in writing:

  1. The term of the tenancy, the amount of rent, and the dollar amount of any rent increases for each of the preceding two years;
  2. The day the rental payment is due;
  3. The day when unpaid rent shall be considered in default;
  4. The rules and regulations of the park then in effect;
  5. The zoning applicable to the property upon which the park is located;
  6. The name and mailing address where a manager’s decision may be appealed;
  7. The name and mailing address of the owner of the park;
  8. All charges to the resident other than rent; and
  9. A statement explaining the resident’s right to request alternative dispute resolution for any dispute between the resident and the landlord, except for disputes over nonpayment of rent or utility charges or in the case of public safety emergencies.

What may a landlord charge as a security deposit?

A landlord may charge up to one month’s rent as a security deposit, or two month’s rent for multi-wide mobile homes. §47-10-8.

When can a landlord increase the amount of rent?

Rent cannot be increased without sixty days’ written notice to the resident. §§47-10-6 & -19(A). Each time the landlord fails to provide this notice, the court may impose a civil penalty of up to $500.00. §47-10-23.

May the landlord impose any other fees on the resident?

The landlord may charge: rent; a security deposit; a fee charged by any state, municipal, or county governmental agency; the cost of utilities (including hook-up fees); a fee to offset the cost of administration incurred by the landlord for providing utility services to the resident; and fees for any incidental services actually provided by the mobile home park or agreed to in writing by the resident. The landlord may not charge any additional fees (often referred to as “entry fees”) as a condition of tenancy in the park. §§47-10-10 and 47-10-21(A).

In addition, the landlord may not charge an existing resident any fee when the resident sells or transfers the resident’s mobile home to another. The landlord may not charge the purchaser of a mobile home in the park any fee for purchasing or otherwise acquiring the mobile home. §47-10-12.