Topics on this page:
- Definitions
- Rental Agreement
- Qualified Residents
- Security Deposits
- Park Rules
- Park Owner's Obligations
- Park Fees
- Prohibited Actions by Park Owner
- Additional Resources
Definitions
Mobile home: a portable structure at least 8 feet wide and 30 feet long, built on a permanent frame and designed for use as a home when connected to required utilities.
Park owner: any person with an ownership interest in the park or any person managing or operating it on their behalf.
Rental agreement: any written understanding between a resident and park owner allowing the resident to place their mobile home on a site in the park in exchange for payment.
Resident: a mobile homeowner who leases or rents a site in a mobile home park and lives there. This includes someone who lives with the mobile homeowner on a permanent basis and who will inherit the home after the owner’s death.
Read the Law: Md Code, Real Property § 8A-101
Rental Agreement
Duties of Park Owner and Required Provisions
Before a current or prospective resident signs a rental agreement or moves into the park, the park owner must provide a copy of the rental agreement. The rental agreement must include the following:
- specific identification of the site to be leased;
- a term of at least one year;
- the total amount of the yearly rental fee;
- term of payment (monthly, quarterly, etc.) and the amount due for each payment;
- the amount of any late payment fee;
- all park fees and the service provided for each;
- description of all obligations of the park owner and the resident;
- legal definition of a “qualified resident” (see below);
- description of each facility, utility, and other service that the park owner will provide;
- description of any termination or renewal option; and,
- reference to the Maryland Mobile Home Park Law as the law governing the relationship between resident and park owner.
NOTE: A rental agreement may not require an annual payment of rent for a site. An agreement can only include an annual payment term if the resident requests to pay annually and the park owner agrees.
The park owner must also provide:
- a copy of the park rules;
- an explanation of how the rules may be changed; and,
- a written notice identifying the availability, capacity, and connection fees for all utility services at the proposed site.
Read the Law: Md Code, Real Property § 8A-201
Duty of Prospective Resident
When accepting a proposed site in a mobile home park, a prospective resident must provide written notice of acceptance. Included as part of the written acceptance, the prospective resident must acknowledge that they have received from the park owner written notice that identifies the availability, capacity, and connection fee for all utility services at the proposed site.
Read the Law: Md Code, Real Property § 8A-201
Automatic Renewal of Rental Agreement
When the initial term of the rental agreement expires, the resident continues on a month-to-month term unless the resident and park owner agree to a longer term. The rent amount and payment terms can be modified when agreeing to a longer term.
If the agreement has an automatic renewal provision, the provision must be set apart from the other terms of the agreement and have space for written acknowledgment of the resident’s agreement to the provision. If the provision does not include a written acknowledgement by the resident, the park owner cannot enforce the provision.
Read the Law: Md Code, Real Property § 8A-202
Prohibited Provisions
The rental agreement cannot include wording where the resident:
- agrees to a judgment without due process;
- gives up rights provided by law;
- gives up the right to a jury trial;
- lets the park owner take possession of the mobile home or resident’s personal property without the parties first terminating the rental agreement or without the resident abandoning the personal property.
Any lease for one year must have the same terms, including rent, fees, conditions, etc., as a month-to-month lease.
Read the Law: Md Code, Real Property § 8A-202
Qualified Residents
A “qualified resident” is a year-round resident of a mobile home park who:
- Made rent payments on time or within the allowed grace period during the prior year;
- Has not committed a repeated violation of any rule or provision of the rental agreement within the prior six months; and
- Owns a mobile home that meets the standards of the park.
A park owner must offer a one-year lease to any qualified resident before the expiration of the 1-year term or at the resident's request at any time during the month-to-month term. This offer to a qualified resident must:
- be delivered to the resident at least 30 days before the end of the existing lease term;
- clearly explain the resident’s right to a one-year lease term; and,
- state that, if the resident chooses not to accept the one-year term, the term will be on a month-to-month basis.
A resident who has been offered a one-year lease but chooses a month-to-month lease is not entitled to a one-year lease after the park owner delivers a notice to terminate the tenancy by certified mail. A month-to-month lease can be ended by either the resident or the park owner by giving 30 days’ notice.
If the park owner intends to offer the renewal of a lease agreement with a rent increase, the park owner must inform the resident of the rent increase no later than 60 days before the end of the existing rental agreement.
If a resident’s lease is not renewed because they do not meet the criteria of a qualified resident, the park owner must give the resident a written statement of the specific reason for not renewing the lease. This notice must be provided to the resident within five days.
Read the Law: Md Code, Real Property § 8A-202
Security Deposits
Amount
A park owner may not require a security deposit of more than two months’ rent or $50, whichever is greater. If a park owner requires a higher security deposit, the resident can file suit and recover up to three times the extra amount charged, plus reasonable attorney’s fees. A resident may bring a legal action regarding the security deposit during the tenancy or within 2 years after its end.
Read the Law: Md Code, Real Property § 8A-1001
Prohibited Actions
A park owner may not increase the security deposit after the resident pays the initial security deposit. Additionally, the park owner may not require a resident to pay a security deposit for a new lease term if the resident did not have to pay a security deposit under a prior lease.
Read the Law: Md Code, Real Property § 8A-1001
Receipt; Statement of Damages
A park owner must give a written receipt for the security deposit. If a park owner does not provide the resident with a receipt, the owner is liable to the resident for $25. Receipt for the security deposit can be included in the rental agreement. The receipt must inform the resident of their right to receive a written list of existing damages. A resident must request such a list in writing within the first 15 days of occupancy. If the park owner does not promptly provide the requested list, the owner is liable to the resident for three times the security deposit amount.
Read the Law: Md Code, Real Property § 8A-1001
Location of Security Deposit
A park owner must deposit all security deposits in an account at a Maryland bank or savings institution. The account must be interest bearing and be used exclusively for security deposits. The park owner must deposit the security deposits into the account within 30 days of receipt.
NOTE: Security deposits are safe from creditors' attachment and binding on any successors.
Read the Law: Md Code, Real Property § 8A-1001
Returning the Security Deposit; Interest
The park owner must return the security deposit within 45 days after the end of the tenancy.
Interest is only payable on security deposits of $50 or more. Use the Department of Housing and Community Development’s rental security deposit calculator to see how much interest may be due.
If the park owner, without good reason, fails to return any part of the security deposit within 45 days after the end of the tenancy, the resident may seek up to three times the amount wrongfully withheld, plus reasonable attorney’s fees.
Read the Law: Md Code, Real Property § 8A-1001
Withholding the Security Deposit
A park owner can withhold any portion of the security deposit to cover:
- unpaid rent;
- damage due to breach of the rental agreement; or,
- damage over ordinary wear and tear by the resident, their family, agents, employees, or social guests.
The resident has the right to be present when the owner or the owner’s agent inspects the premises for damage. To attend, the resident must give 15 days written notice of their intent to move. The notice must be mailed to the park owner and include the date the resident plans to move and resident’s new address.
When the owner receives the resident’s notice, the owner must give written notice to the resident of the time and date of the inspection. The inspection must take place within 5 days of the resident moving out.
NOTE: The resident must have been advised in writing of their rights relating to the inspection at the time the security deposit was paid. Information about the resident’s rights should be included with the receipt for the deposit. The receipt and rights information may be included in the rental agreement. If the owner does not follow these requirements, they cannot withhold any part of the security deposit.
Read the Law: Md Code, Real Property § 8A-1001
Park Rules
The park owner must establish reasonable rules relating to standards for the mobile homes in the park, the operation of the park, and the peace, order, health, and safety of the park's residents. Rules may not be enforced unless the rules are in writing and copies of the rules have been delivered to each park resident.
The owner must create reasonable, written standards relating to the appearance and construction of the mobile homes in the park. These rules must apply the same to all residents. If a park owner adopts new rules about the size, quality, or construction of mobile homes in the park, the rules may not be enforced against a resident already residing in the park when it is adopted. The rule can also not be enforced against someone who purchases a mobile home from an individual who owned the home when the new rule was adopted. The owner must also create reasonable, written maintenance standards for mobile homes in the park or the areas immediately surrounding the mobile homes. These should be in accordance with state and local health laws and regulations.
The above rules and standards are not enforceable unless the park owner gives a copy of the rule or standard to each resident affected by it and posts it in a conspicuous place in the park. An amendment to a rule or standard does not take effect until the date specified in the amendment or 30 days after the owner delivers a copy to each resident, whichever is later.
Read the Law: Md Code, Real Property § 8A-301
Park Owner's Obligations
At all times, a park owner must:
- comply with all applicable building, housing, zoning, and health codes;
- maintain the leased site and all permanent fixtures in good repair;
- keep common areas and buildings in a good state of appearance, repair, safety, and cleanliness;
- provide common areas for the benefit of all residents; and,
- ensure proper utility service.
Additionally, a park owner or operator (or their agent or employee), is prohibited from refusing, withholding, or denying any person access to accommodations, advantages, facilities, or leasing opportunities within the mobile home park based on an individual's race, creed, color, sex, or national origin of that person.
Read the Law: Md. Code, Real Property § 8A-801
If the park owner enters into a contract to sell the mobile home park, they must notify each park resident in writing at least 30 days before the sale date. The park owner must also notify the Department of Housing and Community Development of the sale. Notice of the sale must be posted in a public area of the park.
Read the Law: Md. Code, Real Property § 8A-202
Park Fees
Prohibited Fees
There can be no entrance or exit fees to the park. Fees cannot be charged in connection with the renewal of a rental agreement or to determine if a resident is a “qualified resident” Unless there has been a material change that resulted in the deterioration of the mobile home, a park owner may not charge a fee for inspecting a home for resale more than once within a 12-month period. An inspection fee cannot be more than $60.
Read the Law: Md Code, Real Property § 8A-402
Service Fee, Late Fee, Guest Fee
The park owner can impose a reasonable service fee to cover a mobile home's installation, placement, or removal. If a fee has been charged, the park owner must give the resident a written description of the fee.
Read the Law: Md Code, Real Property § 8A-403
If the rental agreement provides for a fee for late payment of rent, the fee must be at most 5 percent of the rent due or $5.00, whichever is higher. A late payment fee can only be applied when the rent is not paid within five days after the due date.
Read the Law: Md Code, Real Property § 8A-404
The park owner can only charge a guest fee if a guest stays more than 15 consecutive days or a total of 30 days during the year, without the park owner’s consent.
Read the Law: Md Code, Real Property § 8A-405
Increase in Fees
A park owner can only increase a park fee if they give each resident a written notice at least 30 days before the effective date of the increase. If the owner does not provide the required notice, they may not collect the increased amount of the fee.
Read the Law: Md Code, Real Property § 8A-401
Upon a resident’s request, the park owner must provide a written receipt for any payment.
Read the Law: Md Code, Real Property § 8A-406
Prohibited Actions by Park Owner
A park owner cannot require a resident or prospective resident to purchase any permanent improvement that would become the park owner’s property. Also, an owner may not require a current or prospective resident to purchase a mobile home, materials, or equipment from any particular person unless it is in connection with a newly-constructed lot not previously rented.
Read the Law: Md Code, Real Property § 8A-501
Except for safety reasons, the park owner may not restrict suppliers of any product or service that the park owner does not supply to all residents in the park. The park owner also cannot restrict interior improvements to a mobile home, or the installation or maintenance of a gas or electric appliance, as long as they comply with all applicable laws.
Read the Law: Md Code, Real Property § 8A-501
The park owner may not accept, directly or indirectly, a gratuity to gain an advantage over other prospective residents in connection with the lease, use, or occupation of the premises. In an action to recover a gratuity, the court will award double the amount of the gratuity and court costs.
Read the Law: Md Code, Real Property § 8A-502
If the park owner purchases gas, electricity, or another utility service from a publicly-regulated utility for resale to the residents, the owner may not charge the residents more than their cost.
Read the Law: Md Code, Real Property § 8A-503
An owner may designate a part of the park for adults only and may enforce it against a current nonconforming resident only if the owner offers the resident a reasonably equivalent site in another part of the park. The resident has 60 days to accept or reject the new site. The owner pays the cost of moving the mobile home to the new site.
Read the Law: Md Code, Real Property § 8A-501
Additional Resources
- The Office of Manufactured Housing Programs, part of the federal Department of Housing and Urban Development's (HUD) Office of Housing sets out the requirements that manufactures must meet to assure quality, durability, safety, and affordability. The Office's website provides information on warranties, installation and set up, and buying and making complaints.
- Manufactured Housing Institute's Consumers Page.