New Mexico Mobile Home Act Special Educational Series: Tenancy Termination

The New Mexico Mobile Home Act was enacted in 1983. Its purpose was, and is, to outline certain provisions of how "parks" are to be operated by the owners and managers, residents' rights, and other pertinent information. Failure by the owner/management to follow the Act or any sections of the Act is a violation of the Act.

Some of the questions asked of me by park residents pertain to tenancy termination. I have personally viewed letters given to tenants threatening them with potential eviction from the park they live in. These letters obviously created stress and concern to the residents. In most cases the letters were actually illegal threats (in violation of the MHPA) or unsubstantiated claims by owner/management against the resident.

The MHPA is very specific regarding the conditions that must be met in order for the owner/management to terminate your tenancy in the park. Obviously if you fail to pay your rent that can get your tenancy terminated. For the moment let's look at the other conditions that must be met in order for your tenancy to be terminated.
Section 47-10-5. (MHPA) Reasons for terminationA tenancy shall be terminated pursuant to the Mobile Home Park Act only for one or more of the following reasons: A. Failure of the tenant to comply with local ordinances and state laws and regulations concerning mobile homes. B. Conduct of the tenant on the premises which constitutes an annoyance to other tenants or interference with park management. C. Failure of the tenant to comply with rules and written regulations of the mobile home park either established by the management in the rental agreement at the inception of the tenancy, amended subsequently thereto with the consent of the tenant, or amended subsequently thereto without the consent of the tenant on thirty days written notice if the amended rules and regulations are reasonable, except when local ordinances and state laws and regulations or emergency situations require immediate compliance. However, regulations applicable to recreational facilities may be amended at the discretion of the management. D. Condemnation or change of use of the mobile home park by governmental authorities. E. Zoning laws allow the landlord to change the use of his land.

So, unless you fail or refuse to pay your rent, you cannot be evicted (tenancy terminated) from a mobile home park subject to the MHPA except for the above noted provisions of Section 47-10-5.
Looking at A,B, or C above:"A" is pretty straight forward. If your home doesn't comply with local or state laws and regulations your tenancy could be terminated if the owner/management chooses to do so especially if it's a safety issue."B" is also fairly clear. If you're blasting your stereo at 11pm and your neighbor can't sleep then you will probably be asked to either turn it down, or leave the park. Other situations might occur that could be construed as an annoyance, but most issues are simply a matter of common sense."C"... although seemingly simple, is actually a little more in depth.

Why?...

Because rules and regulations of a park must meet the requirements of MHPA Section 47-10-15 & 47-10-15.1. to be an enforceable rule. We will discuss those sections in my next article, article #3.
So, before the owner/management can terminate your tenancy (evict you from the park) (except for non-payment of rent) they must prove you have violated one or more of the provisions as contained in Section 47-10-5of the Mobile Home Park Act. And there is a process they must go through in order to evict you. We will discuss that in a later article, too.

I hope you have found this article informative to help you to "know your rights."

- Gary Perry

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