SB753 - Creates the mobile home landlord and tenant rights act - Coleman
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||Creates the mobile home landlord and tenant rights act
SB 753 - This act governs the legal rights and remedies of
mobile home leases and mobile home lots containing five or more
ORDINANCES AND CODES - Under this act, no person shall rent or
offer for rent or sale any mobile home that does not conform to
sanitation, housing and health codes.
EXEMPTIONS - Mobile home parks operated by the state or federal
government and recreational camper or travel parks are not
subject to the provisions of this act.
LENGTH OF LEASES - Under the act, mobile home park owners are
required to offer each tenant a written lease for a term of not
less than 12 months, unless the parties agree to a different term
subject to existing leases, which shall be continued pursuant to
their terms. Tenants in possession on the effective date of this
act shall have 30 days after the receipt of the offer for a
written lease to accept or reject the offer. The park owner must
notify his tenants in writing within 30 days of the effective
date of this act that a written lease is available. If the
tenant shall fail to sign and return the written lease to the
park owner within 30 days, then the tenancy may be terminated by
the park owner only by giving the tenant written notice that the
tenancy shall terminate not sooner than 60 days from the date the
rent payment next becomes due.
RENEWAL OF LEASE - Every lease of a mobile home or mobile home
lot shall contain an option which automatically renews the lease
(1) The tenant provides 30 day notice that he does not
desire to renew the lease;
(2) The park owner provides the tenant 120 days notice that
the lease will not be renewed due to specific reasons; or
(3) The park owner elects to cease operation of the mobile
home park. If the park owner is ceasing operations of the park,
the tenant shall be entitled to a minimum of 120 days notice. If
there is less than 120 days remaining in the term of the lease,
the tenant is entitled to the balance of his lease plus a written
month to month tenancy, at the expiring lease rate, to provide
the tenant with a full 120 days notice.
TERMS OF FEES AND RENTS - The terms for payment of rent and fees
shall be specifically itemized in the lease. Rent charged by a
park owner may be increased upon the renewal of a lease provided
60 days notice has been provided prior to the expiration of the
lease. Any provision of a lease whereby the provisions of this
act are waived is void.
MOBILE HOME PARK PROVISIONS - All mobile park leases shall
contain covenants which bind the park owner to:
(1) Keep the park area free from weeds and plant growth;
(2) Maintain all utilities in good working condition;
(3) Respect the privacy of tenants;
(4) Maintain all roads withing the park in good condition;
(5) Disclose the names and addresses of all the owners of
(6) Provide a custodian's office and furnish each tenant
with the name and address of the custodian.
LEASE PROHIBITIONS - No lease shall contain a provision that:
(1) Allows the park owner to charge a late fee without
allowing the tenant a 5-day grace period;
(2) Allows the park owner to charge an amount in excess of
one month's rent as a security deposit;
(3) Requires the tenant to pay fees not specified in the
(4) Allows the park owner to move the mobile home to a
No lease shall require the tenant to purchase a mobile home
from the park owner.
TENANT DUTIES - The act outlines the basic duties of the tenant.
For example, the tenant is prohibited from storing inoperable
motor vehicles at the mobile park and refrain from storing
furniture on the premises.
RULES AND REGULATIONS OF THE PARK - Rules promulgated by the park
owner are enforceable only if copies of the rules were delivered
to the tenants prior to signing the lease; they apply to all
tenants in a fair manner; the rules fairly inform the tenant of
what he or she can do or not do; and the rules are not for the
purpose of evading the obligation of the park owner.
This act requires the Missouri Housing Development
Commission to produce a distribute pamphlets delineating the
rights of mobile home landlords and tenants under this act. All
new tenants shall be offered a pamphlet before they are obligated
under a lease and shall sign an acknowledgment of receipt to be
kept on file by the park operator.
STATUTORY GROUNDS FOR EVICTION - Under the act, a park owner may
only evict a tenant for:
(1) Non-payment of rent;
(2) Failure to comply with park rules; or
(3) Failure to comply with local ordinances or other state
laws regulating mobile homes.
IMPROPER GROUNDS FOR EVICTION - A tenant shall not be evicted
(1) Exercising his or her rights under the lease;
(2) Complaining to any governmental authority regarding the
park owner's alleged violations of any health or safety law,
regulation, code or ordinance; or
(3) Being a member of a home owners association.
SECURITY DEPOSITS - Mobile home park owners are required to give
the tenant an itemized list of damages within 15 days after the
expiration of the lease. The park owner's failure to furnish an
itemized list shall constitute an agreement that no damages have
incurred and that the security deposit is due to the tenant.
Park owners owning parks containing 25 or more mobile homes shall
pay interest to the tenant on security deposits.
RESTRICTIONS ON GOODS AND SERVICES - Under the act, park owners
are prohibited from restricting a tenant's access to goods and
services. A park owner cannot require the tenant to purchase gas
or fuel from a particular dealer as a condition of the lease
unless the owner provides the gas or fuel through a centralized
TERMINATION OF LEASE - A tenant may terminate a lease and vacate
the premises if the park owner fails, within 30 days of written
notice, to remedy a condition which deprives the tenant of his or
enjoyment of the premises. A park owner who is found in
violation of any code, statute, ordinance, or regulation
governing the operation of a mobile home park or the maintenance
of premises shall be liable for court costs and reasonable
attorney fees. A park owner may terminate the lease if the
tenant fails to pay rent after the owner has provided notice. If
a tenant breaches any of the mobile home park rules, the park
owner must provide the tenant with specific notice of tenant's
breach. If the breach continues after the tenant has received
such notice, the park owner may terminate the lease.
REMAINING IN POSSESSION - Tenants who remain in possession of the
premises after a lease expires shall pay the park owner a sum,
not to exceed two times the previous rent, for each day the
tenant remains in possession.
MOBILE HOME SALES - Under the act, park owners cannot restrict a
mobile home owner from selling his or her mobile home. The park
owner cannot restrict a mobile home owner from securing the
services of an independent salesperson when selling his or her
home. The park owner is prohibited form imposing a fee on the
sale of a mobile home unless the park owner assists the mobile
home owner in the sale of such home. If the park owner assists
the mobile home owner in the sale of his or her mobile home, the
fee shall be set forth in writing prior to the sale and shall be
a percentage of the actual sales price of the mobile home.
TENANT MEETINGS - Under this act, tenants may hold tenant
meetings at reasonable hours and when facilities are available
and shall not be subject to prohibition by the park owner.
Tenants may ask for assistance from non-profit organizations in
organizing a tenants' organization.
SECURITY DEPOSIT - This act requires landlords to return security
deposits within 15 days (down from 30 days) or furnish an
itemized list of damages.
This act is similar to SB 328 (2003).