Leases, Rent, and Fees in a Mobile Home Community

If you own your mobile home and rent the lot it sits on, there are specific rules about your lease, your rent, and the fees your landlord can charge. This article explains those rules and what you can do if your landlord does not follow them.

This guide includes code numbers, like (Virginia Law 55.1-1302). You do not need to memorize these. They are there in case you ever need to show your landlord or a court exactly where the rule comes from. If you are working with a lawyer or legal aid, they will know how to use them.

What kind of lease can I get?

Your landlord must offer you a written one-year lease (Virginia Law 55.1-1302). Many communities will pre-check the month-to-month option on the paperwork. You do not have to accept that. You can require a one-year lease when you sign your first lease or any renewal. Your landlord cannot offer only month-to-month.

The first page of your lease must include all the fees you are responsible for paying. Your landlord cannot hide any fees in other parts of your lease. 

If your landlord does not give you a new lease to sign at least 60 days before your current one ends, your lease automatically renews with the exact same terms. This is called auto-renewal (Virginia Law 55.1-1302(B)). That means if your landlord misses that 60-day window, they cannot change your terms, including your rent, until the next renewal.

How much notice does my landlord have to give before raising my rent?

Generally, your landlord can raise your rent when you start a new lease. Before your lease renews, they must give you at least 60 days’ written notice if they are increasing the rent. They must also give you 60 days’ written notice for any other new terms in your lease (Virginia Law 55.1-1302(B)). 

Your landlord cannot raise your rent during your lease term. If your lease says they can raise your rent before the lease ends, that is illegal.  

There is one situation where your landlord cannot raise your rent at all, even if you are renewing your lease. This is if your local government has issued a “Notice of Violation” (NOV) for your community. Governments do this when there is a serious health and safety issue that has not been fixed, like a water leak or a sewage problem. 

To find out whether your community has an active Notice of Violation, contact your city or county zoning office. Ask for the building and code enforcement office. They can tell you whether there is an active Notice of Violation for your mobile home community.  

If there is an active Notice of Violation, it is illegal for your landlord to raise your rent. If they raise it anyways, contact legal aid. 

What if my landlord misses the renewal deadline?

If your landlord does not give you a new lease to sign at least 60 days before your current one ends, your lease automatically renews with the exact same terms. This is called auto-renewal (Code section 55.1-1302(B)).

That means if your landlord misses that 60-day window, they cannot change your terms, including your rent, until the next renewal.

How much can my landlord charge for a late fee?

Late fees are capped at 10% of your monthly lot rent, or 10% of whatever you still owe, whichever is less. This matters because some landlords try to charge the full 10% of monthly rent even when only a small amount is late.

Here is how it works in practice:

• Lot rent is $500 and you pay nothing: you owe $500. The maximum late fee is $50 (10% of $500).
• Lot rent is $500 and you pay $450: you owe $50. The late fee is capped at $5 (10% of $50), not $50.

What paperwork should I get when I sign my lease?

When you sign a lease, your landlord must give you a copy of your signed lease and a copy of the MHLRA Tenant Rights Statement within one month of signing (Virginia Law 55.1-1303).

You are entitled to the version from the year your original lease was signed.

Your landlord is required to give you certain documents every year.

You and your neighbors have the right to buy your mobile home community. Your landlord must tell you about these rights in writing each year. 

Each year, you should get two documents. One explains that residents have the right to make an offer to purchase the community at any time. The other explains that if the landlord wants to sell or close the community, residents must be given the first opportunity to buy it. 

Read more: If Your Community is Being Sold or Closed 

Can my landlord decide not to renew my lease? 

Your landlord must have a good reason not to renew your lease. They must offer you a new one-year lease unless, within the past year, you committed a lease violation serious enough that they could have legally evicted you. 

Problems that can be fixed do not count if you corrected them after your landlord notified you. For example, if your landlord complained about trash in your lot and you cleaned it up, they cannot use that issue as a reason not to renew your lease.  

However, if you committed a serious violation that caused permanent damage and gave your landlord grounds to evict you, they may choose not to renew your lease.  

If your landlord decides not to renew your lease, they are required to give you written notice at least 90 days before the lease ends. The notice must clearly explain why they are not renewing it.  

If your landlord does not give proper notice, or if you believe the reason they gave is not valid, contact a legal aid attorney.

Can my landlord charge my guests a fee to visit?

No. Your landlord cannot charge your guests a fee just to come visit you (Virginia Law 55.1-1306). Your lease should say clearly what is the difference between a guest and an occupant.

A guest is usually someone visiting for a short time. An occupant is someone who lives with you regularly. If you are unsure, read your lease or ask your legal aid office.

Can my community landlord make new rules that force me to upgrade my home?

Your landlord can make new rules for the community. But there are limits.

First, your landlord must give you reasonable notice before any new rule takes effect. In Virginia, 30 days is generally considered reasonable notice. You cannot be surprised by a rule change overnight.

Any rule from your landlord has to meet several requirements:

• The rule must serve a real purpose. That means protecting the safety, health, or convenience of tenants, protecting the property from damage, or fairly managing shared services. A rule that does not serve one of those purposes is not valid.
• The rule also has to be fair and clear. It must apply to all tenants the same way. It must be specific enough that you can actually understand what you are and are not allowed to do. A rule cannot let your landlord off the hook for something they are required to do.

A new rule cannot make a major change to what you agreed to when you signed your lease. If it does, that rule is not valid unless you agree to it in writing. Read things carefully before signing. You can say no.

If you agree in writing and then break a valid community rule, your landlord may be able to say you violated your lease.

If you think a rule is unfair or does not meet these requirements, contact your local legal aid office.

Rules about your home are different.

Your home is your private property. Your landlord does not have authority over the home itself. For example, a landlord generally cannot force you to paint your home a specific color or install a certain type of door.

However, your landlord can require you to make repairs that bring your home into compliance with local building codes. This can include things like front porches, awnings, and carports.

If you think a rule is unfair or does not meet these requirements, contact your local legal aid office.

If a co-tenant moves out, is the remaining tenant responsible for the full lot rent?

If your co-tenant moves out, it depends on how your lot lease is set up.

If you both are named on the lease as joint tenants, then yes, you are responsible for the full lot rent and utilities if your co-tenant moves out for any reason.

Not everyone living in your home is necessarily a tenant on the lease. Some people are listed as approved residents, such as an adult child or grandchild. Approved residents are allowed to live in the community, but they did not sign the lease. That means they are not legally responsible for paying the rent.

If you are unsure how your lease is set up, read it carefully to see who is named as a tenant. If you need help understanding your lease, contact your local legal aid office.

Where can I get free or low-cost help?

• Find your local legal aid office: virginialawhelp.org/get-legal-help
• Ask a lawyer a question online for free: virginia.freelegalanswers.org
• Get a low-cost attorney consultation for $35: vsb.org/Site/legal-help/vlrs.aspx

Things to remember

• You have the right to a written one-year lease. Do not let your landlord lock you into month-to-month.
• If your landlord misses the 60-day renewal window, your lease renews with the same terms automatically.
• Late fees are capped. You only owe 10% of what is actually late, not 10% of your full rent.
• All rent increases must be in writing. Verbal notice does not count.
• Read your lease carefully, especially for any mention of mid-year rent increases.