South Carolina Mobile Home Park Rules and Tenant Rights Guide

Mobile home park tenants in South Carolina have important rights and responsibilities under state law. Whether you rent a mobile home or only the land, understanding your protections under the South Carolina Manufactured Home Park Tenancy Act can help you address issues like rule changes, rent increases, maintenance duties, and lease termination.

Mobile Home Park Rules in South Carolina

Mobile home parks can set rules regarding occupancy, maintenance, and the use of park facilities. However, these rules must be:

• Clearly written in your lease or posted prominently in the park
• Applied equally to all tenants
• Reasonable and designed to promote safety, order, or park welfare

If a park owner changes or adds new rules, they must notify you in writing at least 30 days before the change takes effect. Always keep copies of park rules and your lease for reference.

Rent Increases and Fees

South Carolina law does not set limits on rent increases for mobile home park lots. However, park owners must give you:

• At least 30 days' written notice of any rent increase
• Written notice of any new fees or charge increases, also 30 days in advance

Renters should review each notice closely and seek clarification from the owner in writing if anything is unclear.

Eviction and Lease Termination Protections

A park owner can only terminate your tenancy for reasons allowed by the Manufactured Home Park Tenancy Act, such as:

• Failing to pay rent
• Violating significant park rules or lease terms
• Failure to maintain your home/lot as required
• Park closure or change of use (e.g., sale, redevelopment)

To end your lease, the landlord generally must provide a written notice:

• 5 days for unpaid rent (a Five-Day Notice to Pay Rent or Quit)
• 14 days for most rule violations, giving you time to fix the issue

If you do not leave after proper notice, the park owner can file for eviction through the South Carolina Magistrate Court, which handles landlord-tenant cases in the state.

Required Forms for South Carolina Mobile Home Tenants

• Notice to Pay Rent or Vacate (Five-Day Notice) – Used by landlords when rent is unpaid. Gives the tenant five days to pay or the tenancy ends. If you pay within five days, your lease continues. Park owners may use their own version, but it must contain required legal wording.
  Practical Tip: If you receive this, pay rent in full right away and get a receipt. Keep all documentation.
• Summary Ejectment (Eviction) Application – SCCA/538 – Filed by the landlord in Magistrate Court to start eviction. Official Form SCCA/538. Example: If you receive eviction papers from the court, you must respond (usually within 10 days) to request a hearing.
• Answer to Eviction (Form SCCA/736) – Used by tenants to respond to eviction proceedings. Download Form SCCA/736. You would complete and file this form with the magistrate court if you wish to contest the eviction or explain your side.

For a full list and downloading official South Carolina court forms, visit the South Carolina Judicial Branch Forms page.

Repairs, Maintenance, and Utilities

Park owners are required to:

• Maintain common areas and park infrastructure (roads, sewers, streetlights, etc.)
• Provide essential services such as water and electricity hookups (if stated in lease)

Tenants must keep their homes and lots in good condition and follow all reasonable health and safety rules.

In serious cases, you may file a complaint or request a hearing through the magistrate court system.

Resolving Disputes and Filing Complaints

Most mobile home tenancy disputes in South Carolina are resolved in Magistrate Court. Disputes may involve eviction, rule violations, bond returns, or maintenance. Visit your local magistrate court for instructions on how to file a complaint or defend against eviction. Be sure to bring copies of all notice letters, forms, and your lease agreement for documentation.

Summary of Key Rights and Responsibilities

• Receive at least 30 days' notice of rent or rule changes
• Be free from retaliation for asserting your rights
• Follow all reasonable park rules and lease terms

It's essential to keep detailed records of any problems, communications, and payments while renting your space or home.

Frequently Asked Questions

1. Can a mobile home park in South Carolina raise my rent without notice?
   No, the owner must provide at least 30 days' written notice before increasing your rent or adding new fees.
2. What happens if I receive a five-day eviction notice?
   If you pay all overdue rent within five days, you can remain in your home. If not, the landlord may start court eviction proceedings.
3. Who do I contact if my landlord won't make repairs?
   First, document your request in writing. If unresolved, you may file a complaint with your local magistrate court and reference the Manufactured Home Park Tenancy Act.
4. What are my rights if the park is sold or closed down?
   Landlords must provide at least 180 days' notice before closing or changing the use of a park, giving you time to relocate.
5. How do I respond to a court eviction notice?
   Complete and file the "Answer to Eviction" (Form SCCA/736) with the magistrate court within 10 days of receiving the summons.

Conclusion: Key Takeaways for Mobile Home Park Tenants

• Your landlord must give all proper written notices under South Carolina law
• Always read and keep your lease, park rules, and notice documents
• You can defend your rights in Magistrate Court using official forms

Understanding your rights will help you resolve disputes, prevent unlawful eviction, and advocate for fair treatment as a mobile home park tenant.

Need Help? Resources for Renters

• South Carolina Housing: Official agency for rental housing and tenant resources
• South Carolina Legal Services: Free civil legal aid for income-eligible renters
• South Carolina Magistrate Court: Handles landlord-tenant and eviction cases
• South Carolina Manufactured Home Park Tenancy Act: Read the full law

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1. South Carolina Manufactured Home Park Tenancy Act (S.C. Code Ann. § 27-47)
2. South Carolina Magistrate Court – Landlord/Tenant Information
3. South Carolina Judicial Branch – Official Forms

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