Delaware Mobile Home Park Renters: Dispute Resolution Guide

If you rent a lot or home in a Delaware mobile home park, understanding your options for resolving disputes can help you protect your rights and keep housing stable. Delaware offers official avenues to address rent increases, eviction threats, maintenance concerns, and disagreements with park management—often through accessible forms and guaranteed hearings. This approachable guide explains the state-supported dispute resolution process for Delaware mobile home renters, what forms to use, and where to get help.

Dispute Resolution in Delaware Mobile Home Parks: The Basics

Delaware law provides specific protections and a clear process for resolving disputes in mobile home communities. The Delaware Department of Justice Consumer Protection Unit oversees these issues in partnership with the Justice of the Peace Court, which handles landlord-tenant cases, including those arising in manufactured housing communities. Legislation that guides your rights is the Delaware Manufactured Home Owners and Community Owners Act (25 Del. C. Ch. 70).

Common Disputes Covered

• Rent increases and validity of rent increase notices
• Eviction proceedings or threats of eviction
• Maintenance and health/safety issues
• Community rules enforcement

Delaware law requires most park owners to engage in a Rent Increase Dispute Resolution Process before major rent hikes can take effect, providing renters with a chance to respond and formally challenge increases or other issues.

Your Rights Under Delaware Law

As a renter in a Delaware mobile home park, you are protected under the Delaware Manufactured Home Owners and Community Owners Act. This law requires strict notice periods for rent increases and outlines the formal dispute process, including mandatory mediation and access to hearings if necessary.

For most rent increases, the landlord must:

• Give you at least 90 days written notice (using the official form) prior to the effective date
• Hold a proposed meeting to answer renter questions
• If 51% of affected renters object, participate in a voluntary non-binding mediation process
• If the issue is not resolved, renters can then request a hearing at the Justice of the Peace Court (JP Court)

Official Dispute Forms and How to Use Them

Delaware provides several government-issued forms for manufactured housing disputes. Here’s how and when renters may use each:

• Rent Increase Dispute: Tenant Petition for Dispute Resolution (Form MH-DS-01)
  When to use: If you and fellow renters disagree with a proposed rent increase (typically if a majority want to challenge it), you may file this form. Example: If your park owner announces a 6% rent hike and you believe it's excessive, gather support from fellow residents (over half of those affected) and submit this petition.
  Find Rent Increase Dispute Form MH-DS-01 here (scroll to 'Forms')
• Rent Increase Meeting Request Notification (Form MH-DS-02)
  When to use: Park owners use this form to notify residents of the mandatory meeting regarding rent increases. Renters can expect to receive this, which starts the dispute process.
  See MH-DS-02 Notification Form (official site)
• Complaint to Justice of the Peace Court
  When to use: If mediation does not resolve the issue, renters can file a formal complaint with JP Court for a binding decision. Example: You have completed mandatory mediation about a rent hike, still disagree with the result, and want an official court review.
  Access Justice of the Peace Court landlord-tenant complaint forms

Step-by-Step: Disputing a Rent Increase in Delaware

Here’s a summary of what to expect and do if you wish to formally dispute a rent increase in your mobile home community:

1. Review your written 90-day rent increase notice. Note the date and increased amount.
2. Attend the community meeting scheduled by the park owner to discuss details and ask questions.
3. If you and at least 51% of affected renters disagree, work together to file a Tenant Petition for Dispute Resolution (Form MH-DS-01) within the legal window.
4. Participate in the mediation process, organized by the state.
5. If the dispute is not settled, file a complaint with the Justice of the Peace Court for a formal hearing.

This process can help slow or stop unfair rent increases and ensure your rights are recognized.

Who Oversees Mobile Home Disputes in Delaware?

The primary tribunal for handling mobile home disputes is the Delaware Justice of the Peace Court. For community-level issues, the Delaware DOJ Consumer Protection Unit offers information and helps coordinate mediation for rent disputes. Always use their resources to stay informed.

Where to Find Delaware Mobile Home Law

All official rules can be found in the Delaware Manufactured Home Owners and Community Owners Act. This includes details on rent increases, eviction procedures, and renters' rights if you live in a mobile home park.

Frequently Asked Questions

1. Can I dispute a rent increase in my Delaware mobile home park?
   Yes. If at least 51% of affected residents object, you can initiate an official dispute using Form MH-DS-01 and proceed through mediation and (if needed) a court hearing.
2. Where do I file a formal complaint about an unresolved dispute?
   Unresolved disputes go to the Justice of the Peace Court, which hears landlord-tenant conflicts for manufactured home communities.
3. What notice does my park owner have to give before a rent increase?
   Delaware law requires 90 days written notice for most lot rent increases. You should also get a meeting invitation to discuss the changes.
4. What if my complaint is about maintenance or safety?
   Contact the Consumer Protection Unit at the Delaware Department of Justice or your local housing code office. Maintenance and health/safety issues are also covered by the law, but may follow a slightly different complaint process.
5. Do I need a lawyer for these proceedings?
   You are not required to have a lawyer to file a dispute or participate in court or mediation, but you may seek legal advice from free tenant resources if desired.

Need Help? Resources for Renters

• Delaware DOJ Consumer Protection Unit – Manufactured Home Community Resources: Guides, forms, and help with mediation and complaints.
• Justice of the Peace Court: For formal filings, rent increase hearings, and other disputes.
• Delaware Manufactured Home Owners and Community Owners Act (full text)
• Delaware State Housing Authority: Housing programs and renter support.

---

1. Delaware Manufactured Home Owners and Community Owners Act, 25 Del. C. Chapter 70
2. Delaware Attorney General – Manufactured Home Communities Resources
3. Delaware Justice of the Peace Court – Landlord/Tenant

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations