Delaware Manufactured Housing: HUD Standards & Renter Rights

If you rent a manufactured (mobile) home or a lot in Delaware, it's important to know your rights and protections under the law. Delaware follows federal HUD Standards for manufactured housing, which set safety, durability, and maintenance rules. In addition, Delaware has its own laws and procedures to protect renters like you. This guide covers the essentials—from what HUD standards mean for renters, to local legal requirements and where to get help if something goes wrong.

What Are HUD Standards for Manufactured Housing?

The U.S. Department of Housing and Urban Development (HUD) sets national safety, construction, and installation rules for manufactured homes. All manufactured homes built after June 15, 1976 must follow HUD's Manufactured Home Construction and Safety Standards. This ensures homes are safe from fire, weather, energy loss, and electrical risks.

If you rent a manufactured home or a lot in Delaware, the home must have a HUD certification label (a red tag on the exterior) proving it meets those federal standards.

Delaware's Laws for Manufactured Housing Renters

In Delaware, renters in manufactured home communities (mobile home parks) are protected by the Delaware Manufactured Home Owners and Community Owners Act^[1]. This law covers leases, rent increases, maintenance, and your rights if you experience eviction or unsafe conditions.

• Rent Increases: Landlords must follow strict rules and provide written notice at least 90 days in advance.
• Eviction: Landlords must have a legal reason and follow a specific process (including written notice and, in some cases, court action).
• Maintenance: The home and community must meet HUD safety and habitability standards, and the landlord must complete required repairs on common areas and infrastructure.

The Tribunal: Delaware Justice of the Peace Court

If you have disputes over eviction, rent increases, or maintenance, they are usually handled by the Delaware Justice of the Peace Court. This court deals with landlord-tenant actions such as complaints, evictions, and unresolved disputes about mobile home rentals.

Key Official Forms for Manufactured Housing Renters

• Complaint (Summary Possession):
  When used: If your landlord is trying to evict you and you believe it is wrongful, you may be served a “Complaint (Summary Possession).” You should respond to this with an answer in Justice of the Peace Court.
  Official Summary Possession Complaint Form No. CF01-08.
• Landlord-Tenant Answer Form:
  When used: Use this form to file your answer if a landlord files a complaint against you. For example, you can explain your side if you've received an eviction notice or dispute a rent change.
  Justice of the Peace Court Answer Form CF01-12.
• Motion to Determine Rent (Manufactured Housing):
  When used: If you believe your rent increase is improper or not in compliance with the law, you can use this motion to challenge it.
  Motion Form CF01-22.

Be sure to read the instructions on each form carefully and file with the appropriate Justice of the Peace Court for your location.

Tip: If you receive a legal notice from your landlord, act quickly—deadlines apply! You can always contact the Justice of the Peace Court for help understanding what to do next.

Practical Steps for Delaware Manufactured Home Renters

If you have concerns about safety, rent, or eviction in your manufactured home, take these steps:

• Gather all documents—lease, notices, communication with landlord, and photos if your home needs repairs.
• Use the official forms above if you need to respond to court actions or file a complaint.
• Contact Delaware's Justice of the Peace Court or a local legal aid group for guidance.

If repairs are not made and you believe there is a violation of HUD or Delaware standards, you may also contact the Delaware Division of Consumer Protection to file a complaint.

Frequently Asked Questions

1. What does the HUD label mean on my Delaware mobile home?
   The HUD label shows your home meets national safety and construction standards. Delaware law requires every manufactured home built after June 1976 to have this label.
2. Can my landlord raise my rent at any time?
   No. In Delaware, landlords must give you at least 90 days' written notice and follow all requirements under the Manufactured Home Owners and Community Owners Act.
3. What should I do if my landlord will not make repairs?
   Start by sending a written request. If repairs are not made, you can file a complaint with the Justice of the Peace Court or reach out to the Delaware Division of Consumer Protection.
4. How can I respond to an eviction notice?
   Read the notice carefully. Use the Answer Form to respond and contact the Justice of the Peace Court as soon as possible.
5. Which court handles mobile home tenancy disputes?
   The Justice of the Peace Court handles eviction and tenancy complaints for manufactured housing in Delaware.

Summary: Key Takeaways for Delaware Renters

• All manufactured homes must meet HUD safety standards and display a certification label.
• Delaware's Manufactured Home Owners and Community Owners Act protects renters' rights on issues like rent, eviction, and repairs.
• Justice of the Peace Court is the main authority for handling disputes—use official forms and act promptly if issues arise.

Knowing your rights can help you resolve issues faster and keep your home safe and secure.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Dispute resolution and forms for landlord-tenant issues
• Delaware Manufactured Home Owners and Community Owners Act (Title 25, Chapter 70)
• Delaware Attorney General Consumer Protection – Online complaint submission
• HUD Delaware Tenant Rights
• Delaware Landlord-Tenant Handbook

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1. Delaware Manufactured Home Owners and Community Owners Act (Title 25, Chapter 70)
2. HUD Manufactured Home Construction and Safety Standards
3. Delaware Justice of the Peace Court

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