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  1. #1
    Join Date
    Jan 2019
    Posts
    6

    Default 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.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  3. #3
    Join Date
    Jan 2019
    Posts
    6

    Default 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?

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Application

    But the law you are trying to use would only apply to residents.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Application

    There is no differentiation in the law between a resident and a resident that rents out the home.

  6. #6
    Join Date
    Jan 2019
    Posts
    6

    Default Re: Application

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

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