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Monday, Feb 06, 2023

Subleasing Q&A

Q. I own and am currently living in my mobile home. I am going to be moving out of the area to a cooler climate and would like to rent my home for supplemental income but the management says that I am not allowed to sublease. If I own the home how can they not allow me to rent it out?

A.

That is a great question. Under the MRL your park is allowed to determine if subleasing will be allowed within the park, if it is not allowed this is typically written into your lease. Although you own the home they own the land the home sits on. Your management is within their rights under the MRL to not allow you to sublease your home.

 

Q. My mom owns a mobile home and recently fell, we were told she would need to be in a rehab facility for the next 6-9 months. We cannot afford both the care facility and her space rent and would like to rent out her home for the time she will be in the facility so she can return to her home if/when she is released. Is this something that we can do?

A.

First check her lease as well as the rules and regulations of the park. We also recommend speaking to the manager and informing them of the situation you are in and see if you can work something out with them. That being said the MRL directly addresses such situations in Section 798.23.5 (a).

(1)Management shall permit a homeowner to rent his or her home that serves as the homeowner’s primary residence or sublet his or her space, under the circumstances described in paragraph (2) and subject to the requirements of this section.

(2)A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician

Section 798.23.5 (b) covers the provisions of the sublease if the above condition is met and a subdivision is allowable. These provisions include but are not limited to.

  • The minimum term must be 6 months and the maximum is 12 months unless otherwise approved by management.
  • The person wishing to sublease the home will be subject to the process and restrictions in subdivision (a) of Section 798.74, which addresses prospective purchasers of a mobile home.
  • The sublessee is bound by the rules and regulations of the park.
  • The homeowner (in this case your mother) will remain liable for the park rent and other charges. {If your sublessee does not pay you, you are still responsible for paying the park. The responsibility of collecting the rent on the subleased unit falls on the owner of the home.}

Section 798.23.5 (c) clearly states that, “A homeowner may not charge a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any”. This means that a homeowner may not charge more than the space rent, mortgage (if any) and utilities. No profit can be made from a sublease that is allowed under this section if the mobile home park does not otherwise allow for subleasing of homes.

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