It’s NOT a Trailer, It’s My HOME!

   Have you ever called your home a trailer?

    AMHRO has long maintained that if you can’t pull it behind your car it isn’t a trailer. We don’t know of many communities that are made up of trailers pulled behind cars or even trucks, for that matter.

    There have been countless examples of folks being called “trailer trash”. Employers may discriminate against job applicants or people made fun of by their friends(?) just because they happen to choose to live in a manufactured home community. (Note: AMHRO prefers to call our neighborhoods, communities rather than parks, since there is no Ferris wheel or merry-go-round in most of them.) People look down on manufactured home community residents because of their own negative attitudes.

    Ever wonder where this comes from? Turn on your television and you will likely see community residents depicted unfairly. Those images have a great influence on the public perception of our communities and, in turn, influence the public officials who make decisions over our lives. Residents aren’t seen as real people who own real homes. Instead they we are seen as transients who aren’t permanent members of the local society. If we don’t act to redefine our lifestyle then we will continue to be “trailer trash”!

    It is time for this negativity to change and it begins with us. Take it upon yourself to call or write the TV station or reporter using the negative  term “trailer”. Advise them those are manufactured homes. If enough of us do this it will ultimately help to change the negative image of our communities.

    We chose living in a manufactured home community because of the affordability and lifestyle it offers. Demeaning our way of life does a disservice to all of us and it really does affect our perception with the general public.

    In turn, this affects how we are thought of by our elected officials and those responsible for making the rules under which we must live.

   For our own good, these perceptions must change and it starts with each and every one of us. You live in a manufactured home community, you don’t live in a trailer park.

   Start right now! Do your part by calling the place you live a home, not a trailer and your neighborhood a community, not a park. Your mail will still get through if you indicate your address as #33 instead of lot 33.

AMHRO thanks you for your help to improve the image for all of us living in manufactured home communities.

How Do We Get People to Attend Our Resident Association Meetings?   This is a question we are often asked. It seems that many communities the resident association takes on little meaning or generates only minimal interest from the folks. Here are some things that every association can do to increase attendance at their meetings:

·         Hold your meetings at a convenient time and place. Hold the meetings on the same day each month. This way folks can plan their schedules ahead of time.

·         Make the meetings fun. Serve refreshments. Hold a raffle. Give door prizes. Invite speakers. Use a flyer to formally invite everyone in the community. People are more likely to come if they know the meeting will be interesting and that they are needed.

·         Plan an agenda and, if possible, distribute it with the flyer announcing the meeting.

·         Keep the tone of meeting focused and upbeat. Don’t foster controversy.
Consider establishing a telephone bank to remind people of the meeting a few days before it is scheduled.

·         Keep membership dues reasonable. Most associations charge from $5 -$15 per year for membership. The amount collected is used to offset postage, office supply and other costs.

·         Give as many as possible something to do following the meeting: even if that something is only telling those who did not come how interesting it was and why they are needed at the next one.

·         Plan activities as fundraisers. Things like bake sales, recycling drives, raffles, outings and barbeques are popular choices. 

Things You Can Do Before Renting in a Manufactured Home Community

·        Check with the local health department for the record of the annual inspection of
      the facilities.

·        Talk to other residents about the community.

·        Ask for a copy of the lease and their Rules and Regulations to review before agreeing to
      rent in the community.

·        Ask questions about everything.

Moving into a Manufactured Home Community

·         Make a list of the conditions of the home and appliances in all the rooms and the outside of the home.

·         Make a list of repairs needed and give the list to the operator.

         Always keep a paper trail-------Take Pictures.

·         Be sure you have copies of the lease and community rules.

Leases/Rental Agreements - - - Ohio Law Calls a Lease a Rental 

    Agreement (Oral agreements are not recommended!).

    Operators are required to offer written leases to every owner before they move  into the community.  At the present time, there is no requirement for written leases for tenants.

     All rules and fees must be disclosed in writing and cannot be changed without thirty days notice.  (A new lease may contain changes).

    You are only required to acknowledge the rules and fees that are in writing.Every lease should contain the following:

·         A description of the property.

·         The rent, fees and charges, any late payment of rent charges.

·         Duration of the lease.

·         Rules of the community.

·        Notice requirements to terminate the lease

 What to Watch for in Leases and Rules

·        Length of the lease (owners must be offered an annual lease prior to moving in and a new lease when one expires).
A clause that places the blame on you for any dispute with the operator or releases the operator from responsibility for injuries to you or your guests.

·         A provision in which you give up your right to a trial.

·         An agreement to pay the operator’s legal fees.

·         Anything that permits the operator to take unfair advantage of you, such as requiring that he/she automatically keeps your security deposit.

·         A provision that allows the operator to seize your personal property for non-payment of rent.

·         Provisions that allow the operator to cut off your utilities, padlock the home, or raise your rent if you complain to a government agency about the community, the operator, or if you try organizing a residents' association.

·            Provision that forces the tenant to continue to pay rent on a home that is destroyed by fire, tornado or other disaster.

·            Be sure you understand the Lease and the Rules.

·            WARNING:  Even though these unlawful clauses may not be legally binding, you may be forced to go to court to protect your rights.  It is better to try to remove them before you sign a lease.

Terminating a Rental Agreement - Either a landlord or tenant may terminate a month-to-month agreement by giving a full 30 days notice to the other party. The 30 days begin on the next rental due date and runs with the rental period.

  A written rental agreement (lease) normally specifies the method of termination or renewal. If termination or renewal is not specified, then the agreement ends on the date in the agreement.

  A landlord may give a tenant a notice that the tenant is not complying with a requirement imposed on the tenant by the Ohio Landlord-Tenant Law which materially affects health and safety and advising the tenant that the rental agreement will end in 30 days. If the tenant corrects the condition, then the rental agreement will be terminated.

  A tenant  may give a landlord a notice to comply with a duty imposed by the Ohio Landlord-Tenant law which materially affects the health and safety and requesting correction within 30 days. If the landlord fails to correct the condition, then the tenant may end the rental agreement.

Rent Increases and Late Charges - Under a month-to-month agreement, the landlord must give 30 days notice before increasing the rent. In the case of a written lease, the landlord may not Increase the rent during the term of the lease. There is no rent control in Ohio.

  Because the Ohio Landlord Tenant Law does not cover late charges, late charges may be included in a rental agreement, but they may not be “unconscionable” (unfair). Recent court decisions suggest that late fees should be reasonably related to the actual damages that a landlord suffers because of late payment of rent.

Rent Deposit (Escrow) Requirements - The tenant must be current in his/her rent before depositing rent with the Clerk of Courts. The tenant may not deposit rent in “bad faith” or for a condition which the tenant caused. The tenant may not just hold onto the rent.

  Rent deposits must be made on or before the normal rent due date. Tenants should check with their local Clerk of Courts to find the exact procedures used in their court.

  If a tenant receives a written notice from the landlord at the beginning of the tenancy which states that the landlord owns 3 or fewer units, then the tenant is barred from taking legal action under the Ohio Landlord Tenant Law.

  If the landlord fails to disclose his/her name and address and the name and address of his/her agents, then the landlord gives up right to a notice before the tenant takes legal action.

Retaliation Prohibited - The Ohio Landlord forbids a landlord from retaliating against a tenant by increasing the rent, decreasing services, evicting or threatening to evict because the tenant has:

1). Complained to a public official.
2). Complained to the landlord.
3). Joined with other tenants to bargain collectively over the terms and
      conditions of the rental agreement.

  A landlord who engages in retaliation may be held liable for actual damages
to the tenant and for reasonable attorneys'  fees.

Evictions - A landlord may bring an eviction action against a tenant when the tenant has: 1). Failed to pay rent on time. 2). Occupied the unit after the termination or expiration of the rental agreement.

  To bring an eviction action, the landlord must first serve a 3-day notice to vacate the premises in person, by mail or at the premises. If the tenant does not move within the 3-day period, then the landlord must file an action (Forcible Entry and Detainer) at the court in the city where the property is located. The court will schedule a hearing and the tenant will receive a summons and complaint at least 10 days before the hearing.

  At the hearing, the landlord and tenant will present evidence in support and defense of the eviction action. A tenant may raise the issue of bad conditions as a defense or a counterclaim at the eviction hearing. If an eviction is ordered, the landlord will make arrangements with the court to have the tenant’s belongings removed from the unit if the tenant does not move.

  Local procedures may vary. Check with your municipal court or an attorney.

Eviction: Second Cause of Action - At the time of eviction, the landlord may also file a “second cause of action” to recover money damages. The tenant may answer the claim for money within 28 days of receiving the complaint in the mail. If the tenant fails to answer the complaint, the court may issue a default judgment in the landlord’s favor without holding a hearing. A default judgment will stop the tenant from later objecting to a landlord’s claim. 

Getting Repairs - If the landlord does not do the following: 1). Meet the duties imposed by the Landlord Tenant Law. 2). The local housing codes. 3). The rental agreement . 4). Conditions which materially affect the health and safety issues, then a tenant may give the landlord a written notice to correct the condition.

  This notice must be in writing and delivered to the person or at the place where the tenant normally pays rent. The tenant should keep a copy of this notice.

  If the landlord fails to correct the condition within a reasonable amount of time, not to exceed 30 days, then the tenant may do the following: Deposit his/her rent with the Clerk of Courts. 2). May apply to the court for an order to complete the repairs. 3). May terminate the rental agreement.

What the Law Says an Operator Must Do

Whether you have a written lease or not, the operator has legal obligations that he/she must 
    perform.  For example, the operator must:

·     Comply with all building, housing and health codes that
    significantly affect health and safety. 
    Manufactured home communities have health requirements concerning all
    of the facilities in the community. A list may be obtained from your local
    health department.

·      Make all repairs to the community and keep it habitable.

·      Keep the community areas not related to the individual homes
    sanitary and safe.

·      Give the residents at least 24 hours advance notice before
    entering the home lot. The law only requires that you let them come in to
    inspect utility connections.

What the Law Says an Operator Cannot Do

·         Even if you are behind in paying rent, there are several things operators are not allowed to do under the law.                                                                   

·         An operator cannot do anything to prevent you from taking lawful steps to get your home repaired.  The operator may not increase rent, decrease services, evict, or even threaten to evict you because you complained about needed repairs, had your home inspected by your local government housing inspector, or participated in a residents' association.

·         An operator is not permitted to shut off any utilities, change the locks, or threaten any of these acts in order to make you move out of your home or community.

·         An operator cannot harass you by demanding over and over to enter your home or by entering at unreasonable times of the day.

·         An operator is not permitted to move your home out or remove any of your property from the home without a court order signed by a judge.

·         An operator is not permitted to keep your belongings in order to try to force you to pay rent.

     WARNING:  If the operator does any of these things, consult an
attorney immediately or contact your local Legal Aide office!

What the Law Says a Resident Must Do

·         If you do not pay your rent on time, the operator can refuse to accept your rent and evict you.

·         If you must pay with cash, make sure you obtain a receipt.  Do not agree to have a receipt sent to you by mail.  If the operator does not give receipts, create one and ask your operator to sign it. 

·         If you pay by check or money order, keep your cancelled check or money order receipt to prove you paid the rent.

·         WARNING:  Pay your rent on time.  If you do not, you risk being evicted. 

·         Besides paying the rent on time, you have other legal obligations as a resident. In general, you must avoid damaging the home or property of the community. Specifically, you must do the following:

o    Keep your home or lot safe and sanitary.

o    Dispose of trash and garbage properly.

o    Keep all the appliances that the operator provides, in good working order.

o    Keep the electrical and plumbing fixtures clean and use them properly.

o    Do not damage the home or lot or permit your guests to do so.

o    Do not disturb other residents.

o    Make certain that you, your family or guests, do not violate State or

                Federal drug laws.

Your Relationship with Your Operator

·         By agreeing to rent your operator’s property, you are entering into a business relationship -- not a friendship.  You should:

·         Treat your operator politely, respectfully.

·         Do not argue.

·         If something breaks, tell your operator right away.

·         Write everything down and keep all receipts, including security deposits and any other payments.  Avoid paying in cash.

·         Get all agreements in writing.

When You Want to Move Out

    When you own your own home and want to move it out, you have the right to do so. You must notify the operator and give him/her at least 30 days notice. If you have a lease it will tell you what the terms are for leaving. You may have penalty provisions identified in your lease. 
    There may be rules that must be observed regarding who and how the home is  moved by a truck. There may be charges for the actual costs the community incurs and/or for damages that were done in moving. If you decide to sell your home you must give the operator at least 10 days notice. You may use a realtor, yourself or the operator to do so. You only are 
required to pay the person selling your home.

    If you have a lease, you can stay until the lease expires. If you leave before the lease expires, you may have to pay some or all of the rent specified in the lease.

    Warning. The lease may automatically be renewed. You must give 7 days notice if you pay rent once a week or 30 days notice if you pay monthly.

    Without proper notice the operator may keep part of your security deposit.

If things get anywhere beyond this, it is best to get legal help.

Who Can Help?

a. Local Legal Aide Office

    They can give you advice and possibly represent you in court. If you
    have a low income, you may qualify for free legal assistance.
    1-886/529-6446.
    Ohio  State Legal Services Association, 555 Buttles Avenue, Columbus,
    Ohio 43215-1137  phone 614/221-7201 or  800/589-5888

b. Lawyers

    Usually you will not need a lawyer unless you go to court. If you need 
    one, call your county bar association. They can refer you to an attorney.

c. Social Service Agencies

    The Local Urban League or Salvation Army may be able to advise
    you about your rights and answer questions about your problems with
    the operator.

d. Prevention, Retention & Contingency

    Your county welfare department may be able to help you stay in your
    home or help you move into a new home. Talk with your case worker or to
    an attorney.

e. Building Inspector or Health Department

    As a tenant, you can call your town or county health department (if 
    you cannot find their number, call 614/466-1390) to inspect your home
    whenever you think repairs should be made. An inspection report could be
    good evidence to represent in court—even better if the inspector
    comes to court with you. 

This article is a condensation of the book “Your Rights and Responsibilities as a Mobile Home Park Resident” printed by Ohio State Legal Services Association.