In our ongoing educational series on the New Mexico Mobile Home Park Act (MHPA), we’ve covered key aspects such as applicability, tenancy termination, and park rules and regulations. In this fourth installment, we will dive into one of the most crucial documents for mobile home park residents—the rental agreement—and the essential written disclosures required by the MHPA.
Your rental agreement is more than just paperwork—it’s the legal contract that governs your relationship with the park owner or management. Should a dispute arise, this document becomes the primary source for resolving issues. Therefore, it’s vital that you fully understand what’s included in it.
Required Disclosures in the Rental Agreement
Under Section 47-10-14 of the MHPA, park management is required to provide a rental agreement with nine critical disclosures. These disclosures must be presented in writing to any prospective resident before they commit to renting a space or lot in the park.
Let’s break down what must be included:
- Term of Tenancy and Rent History: The agreement must specify the length of your tenancy, the current rent, and any rent increases for the past two years. This helps you understand the rent stability and anticipate future changes.
- Rent Due Date: The exact day when your rent is due must be clearly stated.
- Default Terms: The rental agreement should explain when unpaid rent is considered in default.
- Park Rules and Regulations: A copy of the current park rules and regulations must be included.
- Zoning Information: The zoning status of the property where the park is located should be disclosed.
- Appeal Process: The agreement must include the name and address where you can appeal management’s decisions.
- Park Ownership Details: The name and mailing address of the park owner must be provided.
- Additional Charges: Any fees or charges aside from rent must be clearly listed.
- Dispute Resolution Options: The agreement must inform you of your right to seek alternative dispute resolution (ADR) for any disagreements with the park management, except for issues related to unpaid rent, utility charges, or public safety emergencies.
Important Points to Remember
- Early Disclosure: The MHPA mandates that prospective residents receive a copy of the rental agreement before signing it or occupying a space. If you’re not given a copy to review before making a commitment, that’s a violation of the law. Always request the agreement in advance.
- Rent Increase History: Understanding how rent has changed over the past two years is crucial, especially as out-of-state investors purchase parks and raise rates. This history can give you a sense of rent stability or whether more increases may be on the horizon. Remember, there are no laws in New Mexico capping how much park owners can raise lot rents.
- Park Rules Matter: Familiarize yourself with the park’s rules and regulations, as they could be a deciding factor in any dispute. If you haven’t already, refer back to our previous article on what constitutes enforceable and unenforceable rules in a rental agreement.
- Dispute Resolution Path: Section 47-10-14 gives residents the right to request ADR for most issues. This option allows both parties to try and resolve disputes outside of court, and any agreements reached can be filed with the court as legally binding. However, this does not eliminate your right to take legal action if necessary.
A Word of Caution
It’s not uncommon for park owners or managers to neglect providing these mandatory disclosures or to delay presenting the rental agreement until after you’ve committed to renting a space. This is not compliant with the MHPA, and it’s something you should be cautious about.
If you’re looking to move into a mobile home park, always request the rental agreement in advance. If management refuses or hesitates to provide it, that’s a red flag signaling non-compliance with the MHPA.
Be aware of your rights and make sure your rental agreement follows the guidelines outlined by the law. Doing so will help protect you from future disputes and ensure a transparent relationship with park management.
