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Qualifying for a Mobile Home Park Lease

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  • 02-02-2019, 03:29 AM
    RLCoach
    Qualifying for a Mobile Home Park Lease
    My question involves landlord-tenant law in the State of: South Carolina

    I have purchased 2 mobile homes in a mobile home park for the purpose of investment. I put an application in to the park for both after purchasing. The application wanted some pretty serious stuff, including tax returns, pay stubs from wife. Turned apps in mid November, they got back with me in Dec. by phone needing more info (actual social security card) because my tax guy spelled my name incorrectly. They asked again by phone in Jan for the most current pay stub from my wife, again by phone. I am renovating both properties currently so I don't need a lease yet, and I would rather maintain good relations if possible. But the statute for applications in SC is pretty clear I think. I have copied it below. But I would have no clue what is taking so long. I have not received anything in writing from them, so I would assume that I could go to them and ask to sign the lease now. But what is the best way to proceed. And what would be there motive for waiting so long? It seems to me like a well run park in most respects. I have also paid the rent requested in Nov. Dec. and Jan. I will need to make a next rent payment by Feb. 5 and I will be ready to market one of the homes by probably Feb 10th. The only other information that would help is that my wife and I had a taxable income of around 200,000, credit scores in the 700's and 800's and have no criminal records other than traffic tickets. I have mobile homes in 8 other parks, so have obviously passed mobile home application process several times before. They said it is handled by a third party company. I don't want to move the mobile homes as it would be an unnecessary expense and both have very nice covered porches and outbuildings that would also be expensive to move. There are other investors in the park. Would just like your insight.

    SECTION 27-47-440. Approval or disapproval of manufactured home purchaser to become resident of park.

    (A) The purchaser of a manufactured home may not become a resident of a manufactured home park without the approval of the owner. Approval by the owner must not be withheld unreasonably. The purchaser has the burden of proof as to whether approval or disapproval is unreasonable.

    (B) The owner has fifteen days after receiving the purchaser's written application for entry to the park to notify him in writing of approval or disapproval. Notice is complete upon deposit in the United States mail addressed to the purchaser at the address stated in his application. If the owner fails to act within fifteen days, the application is approved.
  • 02-02-2019, 09:02 AM
    adjusterjack
    Re: Application
    See the word "resident"?

    You're not a resident. Your a flipper or landlord. Maybe the park has had enough of investors and wants neither.
  • 02-02-2019, 10:48 AM
    RLCoach
    Re: Application
    Maybe so, it didn't seem to be an issue and they knew my intentions when I put my application in, and they didn't say it had to be owner occupied. There are several other investors in that park. So you are saying that the statute does not apply to me because I don't plan on being a resident?
  • 02-02-2019, 01:11 PM
    PayrolGuy
    Re: Application
    But the law you are trying to use would only apply to residents.
  • 02-03-2019, 07:30 AM
    budwad
    Re: Application
    There is no differentiation in the law between a resident and a resident that rents out the home.
  • 02-03-2019, 11:36 PM
    RLCoach
    Re: Application
    What is the legal definition of a resident and does it change from state to state?
  • 02-04-2019, 12:11 AM
    llworking
    Re: Application
    Quote:

    Quoting RLCoach
    View Post
    What is the legal definition of a resident and does it change from state to state?

    Well, I would not define you as a "resident" either. I would define you as an owner and potential landlord. I would say that the law you are talking about would apply to anyone you wished to sell or lease the home to. Nevertheless, I think that you could probably use that law if you had to actually sue the park owner.

    However, I do think its probably time to have a serious discussion with the owner of the park. It does not have to be a hostile discussion, but you need to let them know that if you are going to have to move the homes, which you absolutely prefer not to do, that you need to know that. You don't want to have problems getting your tenants approved to live in the park, and that is apparently a risk at this point since they are being so slow with you.


    Also, considering the fact that you have mobile homes in 8 other parks it might be time for you to explore the possibility of opening a park of your own, and moving all of your units there.
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