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The ABCs of CT Landlord/Tenant Mobile Manufactured Home Communities

Posted on by Colin Mahon

At their most basic level, leases are contracts between landlords and tenants that set forth the legal rights and obligations of the parties. Leases offer guidelines and parameters governing the parties’ conduct concerning the use and occupancy of real property. Leases are important in any landlord-tenant relationship, but they take on extra significance for mobile home park owners and residents.

The Legislature has enacted numerous legal and regulatory requirements for mobile home park leases. The applicable statutes and regulations offer a roadmap for the types of terms that must, can, and cannot be contained in such leases.

A park owner’s failure to comply with these legal requirements can have adverse and potentially serious consequences on a park’s business. This informational piece describes the statutory and regulatory landscape concerning the leases between park owners and their residents. It also highlights the essential requirements for these leases and offers some best practice suggestions. As always, readers are cautioned that this article is for informational purposes only, and it is not designed to provide legal advice.

Mobile home parks are heavily regulated by the State of Connecticut. The Department of Consumer Protection (DCP) has jurisdiction over parks and serves as both a licensing and regulatory body. While the statutes and regulations are broad in scope, they have numerous provisions that specifically relate to rental agreements. The focus of this piece is on those rental agreements entered into between park owners and residents who own their mobile homes but lease their lots from the Park. This piece is not meant to discuss lease arrangements between parks and residents who do not own their own homes.

The Mobile Manufactured Home Act (MMHA)

As with most legal issues pertaining to Connecticut mobile manufactured home parks, the starting point is the Mobile Manufactured Home Act (MMHA). The MMHA is found in Chapter 412 of the General Statutes. See Conn. Gen. Stat. § 21-64 et seq. The MMHA is the statutory scheme that governs the licensure and operation of mobile home parks in Connecticut. Several statutes in the MMHA speak directly to leasing standards. These include General Statutes sections 21-70, 21-82, 21-83, and 21-84. There are also several accompanying regulations that are found in the Connecticut State Regulations that supplement the MMHA’s leasing requirements and standards. These include Connecticut State Regulations sections 21-70-2, 21-70-3, 21-84-1, and 21-84-2.

A rental agreement is defined in the MMHA as a written or oral agreement (including valid rules and regulations) that embody the terms and conditions concerning the use and occupancy of a mobile home or lot. Rental agreements must be in writing. They must also be given to prospective residents before they begin occupying a lot at a mobile home park. Such agreements can include “terms and conditions not prohibited by law, including rent, terms of the agreement and other provisions governing the rights and obligations of the parties.” C.G.S. 21-§ 83(a). At a minimum, however, the terms of the rental agreement must include the following:

  1. the terms of payment of rent and any charge for services, space or lot rent;
  2. the total rent for the term of the rental agreement;
  3. reasonable rules for guest parking;
  4. any action on the part of the resident which may be grounds for eviction from the park or termination of the rental agreement must be clearly and specifically stated; and
  5. the right of the resident to sell his manufactured home shall be clearly stated.
    C.G.S. § 21-82(d)-(f).

Any rental agreement must be for one year unless the resident states in writing that he or she would like a shorter term. C.G.S. § 21-70(b).

Rental agreements cannot include certain clauses that have been identified by the Legislature as being against public policy. General Statutes section 21-83 lists thirteen such clauses that are deemed improper. See C.G.S. § 21-83(a)(1)-(13). If leases do include any of these prohibited clauses, then those clauses are deemed unenforceable. C.G.S. § 21-83(b).

Rental agreements must be given to any prospective residents who wish to rent space at the mobile manufactured home park before those residents take up occupancy. C.G.S. 21-70(b). As a corollary to this rule, no lot may be rented to a new resident until the rental agreement is signed.

Lease Renewals

Park owners must also provide their residents with annual lease renewals. The renewals must be offered to the residents at least thirty (30) days prior to the renewal date. In addition, a newly enacted statute that went into effect on January 1, 2024, also requires landlords to attach a notice to the lease renewals advising residents of certain rights they may have under Conn. Gen. Stat. § 47a-23c. See Public Act 23-207, § 10. That statute offers protection for certain elderly and infirm tenants. The one-page notice, which can now be found on the Connecticut Department of Housing website in both Spanish and English, must be appended to all annual lease renewals as well as any new leases.

If a tenant is unwilling to sign a written renewal, or if no renewal is offered, then the terms of the prior lease will “be deemed to be extended for one year at the then prevailing park rental and the resident shall be bound by all terms of the prior rental agreement and any prevailing park rental adopted after the prior rental and all rules and regulations properly applicable to such prior rental agreement....” C.G.S. § 21-70(b). Nevertheless, this automatic extension does not apply in situations where there is disagreement over a proposed rental increase. In those situations, the old lease becomes a month-to-month tenancy with the same terms and rent until the owner seeks to evict the tenant or the tenant files a petition to determine if the rental increase is reasonable.

In addition to standard lease terms, the lease can also incorporate certain rules and regulations into the agreement if they are reasonable and fair. General Statutes section 21-70(d) sets forth the allowable scope of rules and regulations. The resident must have written notice of the rules and regulations when he signs the lease. Rules cannot be changed during the lease term without the written consent of the resident. C.G.S. § 21-70(d) (“A rule or regulation having the effect of substantially modifying the terms of a rental agreement previously entered into by a resident shall not apply to such rental agreement without the written consent of the resident.”)

In addition to a lease and the rules and regulations, all new residents renting space in a park must receive a disclosure statement. C.G.S. § 21-70(a). The disclosure statement is essentially a summary of the legal rights that resident-owners possess under the MMHA. The disclosure statement must contain “a plain language summary of the rights and obligations listed in [Chapter 412] and shall not add or diminish the rights and obligations provided by [Chapter 412].” Id. The statute identifies the specific information that must be included. The disclosure should be provided to prospective tenants before a lease is signed; in fact, the failure to provide it means any lease entered between the owner and the resident is unenforceable. C.G.S. § 21-70(a). The DCP has created a model disclosure statement that can be found on its website. The park owner must obtain a signed statement reflecting that the tenant has received the disclosure statement.

All rental agreements and rules and regulations in effect must be filed with the DCP. C.G.S. § 21-70(e). Thus, if changes are made to an existing lease or rules and regulations, those must also be submitted to the DCP. To assist park owners, the Legislature has published model rental agreements that can be used by owners. These samples can be found in the regulations. Conn. Stat. Regs. 21-84-2(b) (providing a lease template). However, owners are not required to use them. C.G.S. § 21-84. The samples may offer a good starting point for park owners; however, owners can (and should) add terms to the models if those terms are not contrary to statute or regulations. Conn. Stat. Regs. § 21-84-2(a).

Leases are also subject to record-keeping requirements. Owners are expected to maintain copies of all leases, disclosure statements, and rules and regulations for at least four years after any resident departs the park. C.G.S. § 21-71.

There are potential consequences for park owners who do not have written rental agreements that comply with the statutes and regulations. Namely, owners whose leases violate General Statutes sections 21-82 or 21-83 can face penalties from the DCP. C.G.S. § 21-83b. These penalties can range from license revocation, suspension, and non-renewal, or other conditions placed on the operation of the park. C.G.S. § 21-71. Aside from administrative penalties through the DCP, failing to have a written lease or to have one that includes necessary terms can have other adverse consequences. Namely, non-compliant leases can interfere with the eviction process and draw unwanted scrutiny from the Superior Court.

Recommended Reminders for Park Owners

The value of having a well-crafted rental agreement cannot be overstated. It can be the difference between a smooth tenancy and a challenging one. Park owners would be wise to abide by several simple but effective rules:

  1. Familiarize yourself with the applicable statutes and regulations.
  2. Always have a written lease, rules and regulations, and disclosure statement.
  3. Present a written lease, rules and regulations, and disclosure statement to new residents before they move into the park. Also obtain their signature on the lease as well as a written acknowledgement that they have received the disclosure statement.
  4. Provide copies of sample leases, rules and regulations, and disclosure statements to the Department of Consumer Protection. Do the same if any changes to these documents are made or implemented.
  5. Provide annual lease renewals at least thirty (30) days in advance of the renewal date.
  6. Avoid including in lease any of the prohibited clauses that are identified in General Statutes section 21-70.
  7. Always append the notice required by Public Act 23-270, section 10, to all leases and renewals.
  8. Implement a document storage and maintenance system to ensure that leases, rules and regulations, and disclosure statements/acknowledgements are maintained for the requisite time after a tenant departs.
  9. And, most importantly, always consult an attorney to review and draft your leases.

Due to the unique relationship between park owners and residents, the Legislature has implemented many safeguards for the residents. The applicable statutes and regulations speak directly to leases. Park owners would be wise to familiarize themselves with these legal requirements to avoid administrative penalties and headaches. Remember too that the law is constantly evolving and new legislative initiatives are proposed annually. Current laws and regulations should always be consulted, and this newsletter is for informational purposes only and should not be construed as legal advice for any specific situations.