attorney general mobile home community laws when tenant owns the mobile home illinois

In response, the State Legislature passed into law RCW 59.30. This law authorizes the Attorney General's Office to administer the Manufactured Housing Dispute Resolution Program and enforce the Manufactured/Mobile Home Landlord-Tenant Act.

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Who owns the land in a mobile home park?

The park owner is prohibited from requiring, upon the sale by a tenant of a mobile home to a qualified purchaser, the removal from the park of such mobile home unless the mobile home is less than 12 feet wide or is significantly deteriorated and in substantial disrepair, in which case the park owner shall bear the burden of demonstrating such fact and must, prior to sale, have …

What are the laws for owning a mobile home park?

This law authorizes the Attorney General's Office to administer the Manufactured Housing Dispute Resolution Program and enforce the Manufactured/Mobile Home Landlord-Tenant Act. It also authorizes the Department of Revenue to register manufactured/mobile home communities and collect registration fees.

What are the legal issues with a mobile home?

Nov 13, 2017 · The Attorney General’s Guide to Manufactured Housing Community Law Page iv . WHAT’S NEW IN THE 20 17 EDITION . The 2017 edition of this Guidebook makes th is longstanding resource easier to use and provides some new discussion regarding the . Manufactured Housing Act (M.G.L. c. 140, §§ 32A-32S) and the Attorney General’s

Do you need an attorney to lease a mobile home?

home park is a manufactured home tenant whether or not the person owns the manufactured home. A manufactured home owner is someone who holds title to a manufactured home. (Real Property Law § 233(a)) The manufactured home park law, which is explained in this booklet does not apply to seasonal parks often found in resort areas and used for campers,

Who wrote the Manufactured Home Tenants Rights?

CREDITS: This edition of Manufactured Home Tenants' Rights was written by PrincipalAttorney Robert Vawter in conjunction with Thomas Conway, Bureau Chief of theConsumer Frauds and Protection Bureau. (December 2004)

What is the right of a tenant to organize?

Tenants have a legal right to organize andto form, join and participate in tenants'organizations for the purpose of protectingtheir rights. Tenant groups have the rightto meet at reasonable hours in anycommon area in their park. (Real PropertyLaw § 230)

When was the National Manufacturer Housing Construction and Safety Standards Act passed?

The National Manufacturer Housingconstruction and Safety Standards Act of1974 sets federal standards for allequipment and installations in the design and construction of manufactured homesbuilt after June 15, 1976. (24 CFR 3280.1et seq.)

What is the process of evicting a tenant?

To evict a tenant legally, a park ownermust sue in court and win the case. Only asheriff, marshal or constable can carry outa court-ordered warrant for eviction. (RealProperty Actions and Proceedings Law §749)

Do park owners have to give security deposit?

Many park owners require park tenants togive them a security deposit . The lawrequires all park owners, regardless of thenumber of units or lots in the parks, totreat security deposits as trust fundsbelonging to their tenants. Park ownersare prohibited from mingling the depositswith their own money.

What is DHCR in real estate?

The State Division of Housing andCommunity Renewal (DHCR) isauthorized to protect the rights ofmanufactured home tenants under RealProperty Law § 233. In addition, theAttorney General has enforcementauthority when a park owner repeatedly orconstantly violates the law. To seek theassistance of DHCR, tenants may call atoll-free number: 1-800-432-4210The regional offices of the AttorneyGeneral will continue to mediate tenants'complaints and, when appropriate, to bringlegal actions against park owners. Foradditional assistance, a tenant mayconsider consulting a private attorney orlegal services for the poor or the elderly,and in cases of discrimination, HUD.

Can a park owner charge for late rent?

park owner may not impose a charge forthe late payment of rent unless there is aspecific provision in a tenant's lease or inthe park rules and regulations allowing forthis charge.

What are the requirements for a mobile home?

Whether imposed by state law or lease, tenants in mobile homes must ordinarily: 1 pay rent on time 2 keep that part of the mobile home park that they occupy and use reasonably clean, safe, and functional 3 not deliberately or negligently destroy, deface, damage, impair, or remove any part of the mobile home park or knowingly permit any person to do so 4 not interfere with other tenants' peaceful enjoyment of the mobile home park, and 5 otherwise obey all park rules.

Why are mobile home parks evicted?

In addition to the usual reasons for eviction (such as failing to pay rent), a tenant leasing space in a mobile home park can normally be evicted for violating park rules and failing to promptly correct the violation or harming or threatening to harm someone in or near the mobile home park.

What should be included in a lease agreement?

Some of the things that need to be included or covered in the lease are: Rent. The lease agreement should state how much, when, and where rent is due each month. Rent increases. Many states require the landlord to give tenants written notice before raising the rent, for example three months’ notice.

How long is a lease term?

In states that limit the lease term, expect to see one- or two-year leases as the norm. Description of the space. The lease should provide a description of the space being rented.

What does a lease state?

The lease must state when late charges accrue and how much the late charges are. Security deposit and refunds. This provision should state what deposit must be paid and under what conditions the landlord can keep all or part of the deposit. Lease term.

Can a landlord evict a tenant?

On the other hand, a landlord cannot evict a tenant who makes a good faith complaint to a housing authority (or like agency), for attending mobile home park tenant meetings, or because of the tenant’s race, gender, or family status.

What is warranty of habitability?

Warranty of habitability. The lease should include an express acknowledgement by the landlord that the space is fit for habitation. What this normally means is that the landlord must keep the mobile park space (and the home itself, if rented), in a safe, livable condition. Park rules. The lease should include a provision relating to ...

What are the rights of a mobile home owner?

Therefore, while mobile home owner rights may include determining what occurs in their own home as well as a right to privacy, the owner must abide by rules or regulations set by the mobile home park landlord. This may include rules that prohibit criminal activity in the park. If an individual is caught committing a criminal activity on ...

What is mobile home?

A mobile home is defined as a portable residence or dwelling that does not have a permanent foundation. This type of home can be hooked up to utilities. It is suitable for living in year round. Travel trailers are not considered mobile homes because they are not made for living in year round. It is common for mobile homes to be located together in ...

Where can I find a mobile home?

It is common for mobile homes to be located together in designated areas, neighborhoods, or areas of a city . Mobile homes can be found anywhere. An individual can purchase a mobile home and place it on their land if they wish to do so. Mobile homes are common in some states and in others, they are very rarely seen.

What happens if you are caught in a park?

If an individual is caught committing a criminal activity on the premises, either in the entire park or in the individual mobile home, they may face eviction. An eviction would mean the individual has to move their mobile home to another location and can no longer reside on the park premises.

What to do if you have a dispute with your landlord?

If you are involved in a dispute with your landlord, a lawyer can review your case, advise you of your rights and represent you during any court proceedings, if necessary. In many cases, a mobile home is an individual’s permanent place to live, so it is important to protect your home.

Is it safe to live in a mobile home?

Mobile homes are common in some states and in others, they are very rarely seen. It is important to remember that a mobile home is not always safe in certain weather conditions. It does not have a solid foundation and reinforced walls like a regular house.

What is the relationship between a mobile home park and a landlord?

One of the most important aspects of a mobile home park tenant-landlord relationship is the lease. There are two common types of leases used in mobile home parks: Land Leases – When a landlord leases land to a tenant who owns their own mobile home, this is considered a land-only lease. The landlord may make rules regarding ...

What is the most important part of a mobile home lease?

Some of the most important parts of a mobile home park lease are the duties and responsibilities spelled out for tenants and landlords. These may be guided by state law, but may also be specified in a mobile home park lease.

How to contact Girling Law PLLC?

We will guide you through the process of defending a mobile home claim or asserting your rights as a landlord. Call Girling Law PLLC today at 469-526-4588 to find out how we can help you.

What is warranty of habitability?

Warranty of habitability – A lease typically provides express acknowledgement by the tenant and landlord that the land or mobile home is habitable. Mobile home park rules – Leases should define park rules that should be followed by tenants. Failure to include any of these provisions can result in confusion.

Do mobile homes have rights?

Landlords may impose rules regarding the spaces on which mobile homes sit; however, their legal rights are often limited. State laws often work to protect tenants while clarifying the duties and responsibilities of everyone involved.

Can a landlord lease a mobile home?

Mobile Home and Land Leases – Some landlords lease both the mobile home and land to tenants. In this case, landlords may have rules regarding both the inside and outside of the mobile home. This is similar to renting an apartment. The type of lease you have can determine the rights and responsibilities you have.

Is a mobile home a permanent home?

While mobile homes are usually considered movable, once the tenant leases a space in a mobile home park, they often establish utilizes and construct structures around their mobile homes that make their homes permanent. Tenants own their mobile homes, but rent their land from landlords.

Consumer warning

If you’re considering buying a manufactured home, learn about your rights under Iowa law. Here is a guide from Iowa Legal Aid .

How to file a complaint

To file a complaint, go here or call 515-281-5926 (in Des Moines area) or 888-777-4590 (outside the metro area).

willyk Law Topic Starter New Member

Ok, I have a piece of property that I lease spots out to people that own their mobile homes. I have a tenant that quit paying their lot rent. I went thru the courts, got a judgement and we agreed upon a payment plan. The tenant didn’t honor the payment plan. (Big surprise) so I filed for a writ of restitution (I think that is what is was called).

army judge Super Moderator

Ok, I have a piece of property that I lease spots out to people that own their mobile homes. I have a tenant that quit paying their lot rent. I went thru the courts, got a judgement and we agreed upon a payment plan. The tenant didn’t honor the payment plan. (Big surprise) so I filed for a writ of restitution (I think that is what is was called).

adjusterjack Super Moderator

If the tenant doesn’t move the home after a certain period of time, can it be considered abandoned property? If so, what steps do I have to take to take possession of it legally?