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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5824
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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I have leased a lot in Inlet Breeze Mobile Home Trailer park

Customer Question

I have leased a lot in Inlet Breeze Mobile Home Trailer park in Cape Carteret, for past 21 years. I have never signed any lease agreement. I own the trailer and trailer park has always had rules that were sent out every year with reminders about keeping dogs on leashes, kitchen trash only, etc.
However, over past past years his septic tanks continue to degrade and unable to support the people they once did; so he has been revising rules to offset the septic issues..
(few examples) - can only have tenancy occpancy approved amount of people and up to 2 guest. - Parents and siblingings over 21 can use the trailer, but not allowed to bring guests.
When questioning the new rules, we are informed it is due to the enviromental needs, and
if we disagree with the rules we can sell or move trailer. (he has recently added $500 payment when you sell your trailer as a transfer fee.). But if I do not follow rules, I can be evicted.
can landlord add new rules like this? Can he evict me because I have >2 guest staying in my trailer?
thanks for any advise you can share.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.\
There are specific laws that govern eviction of renter's in Mobile Home Trailer Parks. Give me a moment to pull up the laws for you.
Have you contacted the Health Department with regard to this issue?
Customer: replied 1 year ago.
no, I have not contacted anyone yet
Expert:  Attyadvisor replied 1 year ago.
Thank you for your patience.
This link sets out the duties of the landlord in a mobile home park
http://www.ncdoj.gov/getdoc/65f98289-61ec-4d13-b2dc-133bb5c44999/landlord-tenant-booklet.aspx
“When questioning the new rules, we are informed it is due to the enviromental needs, and if we disagree with the rules we can sell or move trailer. (he has recently added $500 payment when you sell your trailer as a transfer fee.). But if I do not follow rules, I can be evicted.”
The landlord cannot keep changing rules to avoid making required repairs or meeting health and code requirements. You are entitled to the quiet enjoyment of your rental space.
“can landlord add new rules like this? Can he evict me because I have >2 guest staying in my trailer?”
The landlord may implement new rules; however, the purpose for the rule cannot be to avoid making required repairs required under local laws. You cannot be evicted in retaliation for questioning the rules.
Not having a lease means either party can terminate the rental subject to the requirements stated below.
§ 42-14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy.
http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0042
As far as the rules and regulation
In essence the rule and regulations need to be followed, however, your situation sounds more to me of an environmental issue that the Park is trying to avoid correcting by changing rules.
I cannot imagine how he is passing the yearly required inspections based on the information that you have provided. http://www.carteretcountync.gov/170/Planning-Inspections
You can contact the Cape Carteret Planning & Development Department at http://www.carteretcountync.gov/170/Planning-Inspections as well as the Environmental Health Department at http://www.carteretcountync.gov/139/Environmental-Health
Please do not hesitate to ask me any additional questions that you may have with regard to this matter.
If you would be kind enough to rate my service so I may receive credit for my work I would appreciate.
Thank you for using JA!
Expert:  Attyadvisor replied 1 year ago.
I wanted to follow up with you to see if you had any additional questions for me?

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