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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34533
Experience:  16 yrs. of trial experience
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Owners of a mobile home park have made a decision to shut down

Customer Question

Owners of a mobile home park have made a decision to shut down the mobile home park due to excessive water usage (?). We have never had in writing any prior warning of this. This all came unexpectedly, and now the ownership is giving us 30 days to remove our mobile homes from the premises. This all doesn't seem right. Especially the 30 days to remove our mobile home from the premises. Also using as an excuse the reason of excessive water usage. What rights do I have and can they actually and legally do this?
Submitted: 8 years ago.
Category: Legal
Expert:  P. Simmons replied 8 years ago.
Can you tell me which city and state this is in
Customer: replied 8 years ago.
Travelers Rest, South Carolina
Expert:  P. Simmons replied 8 years ago.
Title 27, Chapter 47 of the SC Code covers mobile home parks.

There are several rules that cover how a park is to be operated and the duties of both the owners and the tenants

I could not find a provision that would preclude them from shutting down.

I did find this

S.C. Code Ann. § 27-47-310 (2007)

§ 27-47-310. Written rental agreement required; items which must be provided for; restriction on user fee.

   (A) An owner who offers for lease a space in a manufactured home park shall provide to the resident an agreement in writing containing the terms by which the space is leased. The written agreement must comply with this section.

(B) The duration of the lease must be stated in the agreement and may be of a length agreed upon by the owner and resident.

(C) If the agreement provides an option for renewal, the amount of rent to be paid for tenancy during the option must be stated in the agreement.

(D) The rental agreement must specify:

(1) location and approximate size of the lot leased pursuant to the agreement;

(2) monthly rental rate;

(3) date payment is due;

(4) place of payment;

(5) personal property, services, and facilities provided by the owner;

(6) regulations governing residency which, if violated, may be cause for eviction;

(7) statement of amounts to be paid by the resident including, but not limited to, security deposits, service fees, and installation charges;

(8) improvements, if any, which the resident may make to the rental lot including landscaping;

(9) improvements, if any, required to be made by the resident;

(10) restrictions, if any, regarding pets, children, number of occupants, and vehicle storage;

(11) notice required to exercise option for renewal or to terminate tenancy.

(E) During the rental agreement a user fee must not be charged by the owner to the resident for a service or amenity which previously was provided and included in the lot rental amount unless there is a corresponding decrease in the amount within the terms of the contract.

And paragraph (11) provides that the owners are required to have a written agreement that states how much notice they are required to give to terminate the agreement. I would start there and is if that is in your agreement and if it is indeed 30 days

Now, I also found this

S.C. Code Ann. § 27-47-620 (2007)

§ 27-47-620. Notice of proposed rezoning.

   If an owner applies for rezoning of a park, a notice of the proposed rezoning must be posted at the park at least five days before the public hearing on the rezoning.

SO, if the owner is attempting to rezone the land to sell or use otherwise, they are required to give notice for the public hearing. IF there has been a public hearing and notice was not provided, you may have a case to take them to court to prevent rezoning.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.