The South Carolina Code of Laws, Title 27 of Chapter 47, contains the respective rights and duties between landlords of mobile home parks and their tenants. The South Carolina Manufactured Home Park Tenancy Act establishes when landlords can evict their tenants and when they may not evict their tenants. Generally, the evictions under the mobile home laws are similar to the evictions under the residential landlord and tenant law.
South Carolina Code of Laws Overview
The South Carolina Manufactured Home Park Tenancy Act applies to manufactured-home owners and manufactured-home park owners. An owner of a mobile home park may live in his park or can live elsewhere. According to the South Carolina Manufactured Home Park Tenancy Act, a mobile home owner is an owner-landlord, and the owner of a mobile home who leases his lot is a mobile home owner-tenant.
Exploring Current Limitations
The South Carolina mobile home law does not apply to a tenant who leases a mobile home and a lot on the mobile home owner’s land. The tenant must own his mobile home to receive the benefits of the mobile home law. Furthermore, it does not apply to temporary living quarters or recreational vehicles. Lastly, the act does not apply to mobile home park owners who lease fewer than five lots in their parks.
Evaluating Mobile Home Leases
To legally evict a mobile home tenant, the mobile park owner must have executed a written lease agreement with her. Under the mobile home tenant act, rental agreements must be in writing. The written agreement must contain the monthly rental fee, the date payment is due, regulations governing residency and grounds for eviction.
Additionally, restrictions, notices required to renew a tenancy or to terminate a tenancy and specifics covering services, fees, facilities and security deposits must be incorporated into the written agreement. Under the South Carolina mobile home law, landlords cannot evict their mobile home tenants if they did not breach a provision within the lease or in violation of the fair housing laws.
Grounds for Eviction
A mobile park owner can evict a tenant living in his mobile park if the tenant fails to comply with existing local or federal government regulations pertaining to mobile homes. The owner must give her written notice of her failure to comply and provide her with a reasonable opportunity to remedy the violation.
An owner may also evict a tenant for failing to pay rent within five days of the original due date, repeatedly engaging in conduct that diminished other residents’ ability to exercise their peaceful enjoyment rights or noncompliance of the lease. For violating the lease, the landlord must provide at least 14 days of written notice, unless the tenant requests an extension, and the landlord agrees to it.
Other Relevant Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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