lot rent increase with each new owner

[michiganhadit]

We seem to be getting new owners quite frequently, each one makes promises and each sells out and the new owner jacks up our rates again. Can this be stopped

[David Oxhandler]

MICHIGAN MOBILE HOME PARK TENENT'S RIGHTS

A mobile home owner who rents a space or site in a licensed mobile home park is offered certain protections under the Michigan Mobile Home Commission Act and the Mobile Home Administrative Code. The Code is a set of rules that governs areas relating to the licensing and construction of mobile home parks.

The Code also sets standards for roads in the park, utilities and recreational facilities, as well as standards to protect the health, safety and welfare of mobile home residents.

In addition to the above special mobile home park laws, the mobile home owner who rents a site has the same legal rights as any other residential tenant. The tenant also has the right to sign a lease, to pay a security deposit not to exceed 1 1/2 times the monthly rent, to receive a copy of park rules and regulations, to receive an inventory check list upon moving on the site, and is entitled to the return of the security deposit if proper procedures have been followed. Tenants have the legal right to complain to health or other authorities without fear of a retaliatory eviction.

A MOBILE HOME PARK OWNER OR OPERATOR MUST:

1- Offer a tenant a written lease for one year or more. This protects a tenant because the amount of rent and other conditions set out in the lease are fixed for the duration of the lease agreement for the site. The terms of the lease stay in effect unless either the tenant or owner breaks a clause in the lease. The lease may also be ended if both the tenant and the park owner agree to do so. A prospective tenant may refuse to sign a lease, but he or she loses the protection a lease offers. If the tenant decides not to sign a lease, the park owner must require the tenant to sign a written refusal. The park owner must keep a copy of the written refusal on file. Before signing a lease, the mobile home owner should review it carefully or have an attorney check the terms of the lease.

2- Give the park tenant a copy of park rules and regulations that govern such matters as maintenance of the mobile home, pet ownership, fees and charges. The rules must apply equally to all residents in the park. Before renting a site, the mobile home owner should read the park rules carefully and decide whether the rules are too restrictive.

3- Give residents a one year notice before converting to total rental of both sites and mobile homes or before changing the use of the land where the park is located.

4- Comply with security deposit law like any other landlord.

5- Keep written records for each tenant including a copy of the lease or refusal to sign the lease, move-in inventory check lists, rent receipts, notices and correspondence.

A MOBILE HOME PARK OWNER OR OPERATOR CANNOT:

1- Charge a fee for entering or leaving a mobile home park. These charges are also known as entrance and exit fees.

2- Charge more than 1 1/2 times the monthly rent as a security deposit.

3- Require a person to buy a mobile home from another person as a condition of renting a space in the park.

4- Require a person to purchase, rent or lease goods or services as a condition for renting a space in the park. The park owner cannot refuse to rent a space unless tenant buys a specific model mobile home from a specified manufacturer or dealer. The park owner cannot require tenant to purchase LP gas only from a dealer authorized by the park owner. If a tenant’s furnace needs to be repaired, the park owner cannot limit the tenant to a specific repair service.

5- Deny a resident the right to sell his or her mobile home on-site, in-park, to anyone, provided the proposed buyer qualifies for tenancy and the mobile home meets the conditions set out in the park rules and regulations.

6- Deny a person the right to sell a mobile home or remain as a resident based solely on the age or size of the mobile home.

7- Charge the tenant a presale inspection fee of more that $30.00 (or the amount charged by the local building inspector if higher).

8- Prohibit children from residing in the park unless such a park rule was in effect before a resident was approved as a tenant.

9- Prohibit pets that were approved under prior park rules, unless the pet is a dangerous animal.

10- Evict a resident without “just cause."

Source - http://www.michiganlegalaid.org/library ... /html_view

There is a new trend in Manufactured Housing Communities called resident-owned community. An "ROC" is a manufactured/mobile home or rv park that is organized as a not-for-profit co-operative, condominium association, corporation or land subdivision, operated by a board of directors elected by the equity owning residents.

Unlike the "land lease" lot rental type of arrangement, in a ROC the residents own the land and enjoy many of the advantages of traditional home ownership, such as tax benefits, homestead exemption and the potential for equity growth. As a non-profit, all park income after expenses is re-invested in the community.

For more info see http://www.rocusa.org/ or contact ROC USA at 7 Wall Street, Concord, NH 03301 - Phone: (603) 856-0246 - Email: [email protected]