The Manufactured/Mobile Home Landlord-Tenant Act.
The Manufactured/Mobile Home Landlord-Tenant Act (MHLTA) governs the legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a lot within a mobile home park or manufactured housing community (community) where the tenant has no ownership interest in the property.
Notice of Sale.
Under the MHLTA, within 14 days of any advertisement, listing, or public notice offering a community for sale, a landlord must provide written notice of sale by certified mail or personal delivery to:
The notice of sale must include a statement that the landlord intends to sell the community and provide the contact information of the landlord or landlord's agent who is responsible for communicating about the sale of the property. A landlord intending to sell a community is encouraged to negotiate in good faith with qualified tenant organizations and eligible organizations.
A qualified tenant organization is a formal organization of tenants within a community, where the only requirement for membership is being a tenant. An eligible organization includes local governments, local housing authorities, nonprofit community- or neighborhood-based organizations, federally recognized Indian tribes in the state, and regional or statewide nonprofit housing assistance organizations.
Notice of Closure.
In the case of closure or conversion of a community, the landlord must provide tenants with 12 months' notice. Additionally, the notice of closure must be given to the director of the Department of Commerce (Commerce) and posted at all entrances to the community. Exceptions to the 12-month closure notice requirement applies if:
Notice of Sale.
The notice of sale required to be delivered within 14 days of any advertisement, listing, or public notice offering a community for sale is modified to include notice before any private listing or if the owner seeks to lease, instead of sell, the community.
Notice of Opportunity to Purchase.
In addition to the requirements for the notice of sale, a landlord must provide a written notice of opportunity to purchase a community to each tenant, Commerce, and the Housing Finance Commission by certified mail or personal delivery within 14 days after the date any advertisement, listing, or public or private notice is first made offering the community, or property on which it sits (property), for sale or lease.
A notice of opportunity to purchase must include:
If a qualified tenant organization or other eligible organization provides notice within 45 days that expresses an intent to consider purchasing or leasing the community, the landlord may not make a final unconditional acceptance of an offer from anyone other than a qualified tenant organization or eligible organization for an additional 12 months. If no such notice of intent is provided, the landlord is not subject to the 12-month waiting period.
If an eligible organization submits notice of intent to purchase or lease the community or the property, both the landlord and the organization are required to negotiate in good faith. Community land trusts and resident nonprofit cooperatives are added to the definition of eligible organizations.
A notice of opportunity to purchase is not required for a sale or lease of a community or the property if the transaction is:
Commerce must maintain a registry of all eligible organizations who have submitted a written request to receive notices of opportunity to purchase or lease communities, including the name and mailing address of the organization. Commerce must provide the organizations with such notices received from landlords and provide copies of the registry upon request.
A landlord who sells or leases a community and willfully fails to comply with the notice, waiting period, or good faith negotiation requirements is liable to the state for a civil penalty of $10,000. The Attorney General may bring a civil action in the name of the state against the landlord.
Notice of Closure.
The closure notice requirement is extended from 12 months to three years. A rental agreement must include a statement, in large, bold face type, that the community may be sold at any time after the required closure notice with the result that the community may be closed.
If a closure notice is in effect, a tenant who sells a mobile home within a community must provide the buyer with a copy of a closure notice at least 15 days in advance of the intended sale and transfer.
The first two exceptions to the closure notice requirement remain in place unchanged; however, changes are made to the third exception. Specifically, the three years' notice of closure requirement is reduced:
A tenant receiving relocation assistance and/or compensation for the value of their home must be given 12 months to vacate and may relocate the home. If the home remains in the community after the tenant vacates, the landlord is responsible for its demolition or disposal.