Delaware Mobile Home Park Rules: Tenant Rights Explained

Living in a Delaware mobile home park gives you unique housing rights and responsibilities. State law outlines protections for residents against unfair rent increases, improper evictions, and unclear park rules. Whether you're worried about a new rule in your park, facing a rent hike, or handling maintenance issues, understanding these rights helps create a safer and more stable living situation.

Understanding Mobile Home Park Rules in Delaware

Mobile home parks must have written community rules provided to all tenants when they move in. These rules can cover activities like quiet hours, parking, pets, and general maintenance. The rules must apply fairly to all residents and cannot be changed arbitrarily. If the rules change, the landlord must provide written notice to every resident.

• Rules must not conflict with the Delaware Manufactured Home Owners and Community Owners Act.
• Changes require advance written notice, usually at least 90 days^[1].
• Tenants have the right to receive and review a full copy of the park rules.
• Rules that violate the Act, or other state/federal laws, are unenforceable.

Tenant Rights and Protections

Delaware offers strong protections for mobile home park residents. Your rights include:

• Right to a Written Lease: Leases must state the rent amount, rulebook, and your responsibilities.
• Rent Increase Protections: Park owners must provide at least 90 days’ written notice for proposed rent increases. If the increase exceeds the inflation rate, tenants may request mediation.
• Eviction Rules: Eviction is only allowed for specific reasons, such as nonpayment of rent, violating park rules, or the landlord deciding to change the land use. Park owners must follow proper procedures and provide a written notice (typically at least 7 days for late rent or 12 months if closing the park).
• Maintenance and Repairs: Landlords must keep common areas safe and functional, and repair community utilities.
• Right to Organize: Residents can form home owners' associations or advocacy groups without penalty.

The Justice of the Peace Court is Delaware’s main tribunal for landlord-tenant disputes, including mobile home parks.

Official Forms and How to Use Them

• Motion to Determine Lawful Rent Increase (JP Form 55A):
  • When to Use: If you receive a rent increase notice and believe it’s not justified, or exceeds the cost-of-living adjustment, you can use this form to challenge the increase.
  • How: Complete and file it with the Justice of the Peace Court, and serve a copy to your park owner. This will start a formal review.
• Answer to Complaint: Summary Possession (JP Form 54):
  • When to Use: If your landlord files for eviction, respond using this form to explain your side and raise any defenses.
  • How: Download and fill out JP Form 54, then submit to the Justice of the Peace Court before your hearing date.
• Community Notice of Rule Change:
  • When to Use: Park owners must use this written notice (no set form number) to alert all residents of any changes to rules or policies at least 90 days in advance. If you do not receive proper notice, you can contest enforcement.
  • See: Requirements described in Section 7072 of the Act.

Rent Increases and Dispute Resolution

When a park owner wants to increase rent by more than the Inflation Index, Delaware law gives tenants the right to request mediation. This means a neutral third party helps both sides discuss and resolve the disagreement.

• Tenants must follow the process outlined in the statute, which includes providing objections in writing and participating in the mediation process if requested by more than 25% of the residents.
• For details, see the Delaware Attorney General's Landlord-Tenant Resources.

Enforcement and Complaints

Issues about enforcement of park rules, improper rent hikes, or evictions can be brought before the Justice of the Peace Court. This court hears all landlord-tenant matters, including those related to manufactured home communities. Filing requirements and forms are available on the court’s official website.

Summary of Key Protections

To recap:

• Delaware law clearly outlines how park rules must be administered and communicated.
• Tenants are protected against unfair evictions or sudden changes in rent or rules.
• Mediation is available if at least 25% of residents object to proposed rent increases.

Frequently Asked Questions

1. How much notice must Delaware mobile home parks give for a rule change?
   Park owners must provide at least 90 days’ written notice before any new or changed rule takes effect.
2. Can I be evicted for breaking a new rule I didn’t know about?
   No, a new rule cannot be enforced against you unless you were properly notified at least 90 days in advance.
3. What should I do if I believe a rent increase is unfair?
   You can file a Motion to Determine Lawful Rent Increase (JP Form 55A) with the Justice of the Peace Court to have the increase reviewed.
4. Are there protections against retaliation for complaining about park conditions?
   Yes, Delaware law prohibits landlords from retaliating against tenants who make good faith complaints about conditions or exercise their legal rights.
5. Who resolves disputes in Delaware mobile home parks?
   The Justice of the Peace Court handles most landlord-tenant and mobile home park disputes.

Key Takeaways for Delaware Mobile Home Park Renters

• Written rules and notices are required for all major changes.
• Delaware law protects tenants against improper rent increases and evictions.
• Official forms and the Justice of the Peace Court are your main tools for resolving disputes.

Keeping good records and responding promptly to notices helps safeguard your rights in a Delaware mobile home park community.

Need Help? Resources for Renters

• Justice of the Peace Court (handles landlord-tenant and mobile home disputes)
• Delaware Attorney General—Tenant Resources
• Delaware Manufactured Home Owners and Community Owners Act
• Delaware State Service Center–Renters' Assistance

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1. Delaware Manufactured Home Owners and Community Owners Act, Section 7072—Community rules
2. Delaware Justice of the Peace Court: Landlord-Tenant Section
3. Delaware Attorney General—Landlord Tenant Resources

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