Manufactured and Mobile Home Communities Are Different — And the Statutes Make That Clear

This blog post was drafted by Atty. Madeline Worgull of Pettit Law Group S.C.

One of the most common mistakes we see at Pettit Law Group is assuming that all landlord–tenant relationships in Wisconsin are governed by the same rules. They are not.

If you own or operate a manufactured or mobile home community, your obligations go well beyond Wis. Stat. ch. 704 and ATCP 134. You are also subject to Wis. Stat. § 710.15, which significantly restricts lease terms, termination rights, and nonrenewal practices. You also must follow ATCP 125.

Here are the key differences that you should understand.

Leases Are Mandatory and Must Be at Least One Year

Unlike traditional residential rentals, every agreement to rent a manufactured or mobile home site must be by a written lease for term.

That lease must:

·       be a minimum term of one year, unless the resident requests a shorter term and the operator agrees (See § 710.15(1m))

·       include all community rules that substantially affect the rights or duties of residents or operators (See § 710.15(2))

·       disclose whether the community contains an emergency shelter, and community rules must explain its location and use if one exists (§ 710.15(2m)).

You Can’t Discriminate Based on the Age of the Home

Section 710.15(3) imposes strict limits on an operator's discretion regarding the condition or age of a home.

An operator may not:

·       deny entry into or renewal of a lease based on the age of a mobile or manufactured home (§ 710.15(3)(a))

·       require removal of a home from the community because of its age (§ 710.15(3)(b))

Change in Ownership Is Not Grounds for Removal

Similarly, an operator may not require removal of a mobile or manufactured home solely because ownership or occupancy has changed or will change. See Wis. Stat. § 710.15(4).

While an operator may not require the removal of a home solely because ownership or occupancy has changed, this does not prohibit the operator from lawfully screening prospective tenants or refusing to enter into an initial lease for any other lawful reason (§ 710.15(4), (4m)).

Nonrenewal Requires “Cause”

In a typical residential rental under Wis. Stat. ch. 704, landlords generally have greater flexibility to terminate a tenancy or refuse to renew a lease. This is where mobile home communities differ most.

Under Wis. Stat. § 710.15(5m), a resident’s tenancy may not be terminated, and a lease may not be nonrenewed, except for one of the listed permissible grounds:

1.     Failure to pay rent due, or failure to pay taxes or any other charges due for which the community owner or operator may be liable.

2.     Disorderly conduct that disrupts the rights of others to the peaceful enjoyment and use of the premises.

3.     Vandalism or commission of waste of the property.

4.     A breach of any term of the lease.

5.     Violation of community rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or occupant.

6.     Violation of federal, state, or local laws, rules, or ordinances relating to mobile homes or manufactured homes after written notice to cease the violation has been delivered to the resident or occupant.

7.     The community owner or operator seeks to retire the community permanently from the rental housing market.

8.     The community owner or operator is required to discontinue use of the community for rental because of action taken against the community owner or operator by local or state building or health authorities, and it is necessary for the premises to be vacated to satisfy the relief sought by the action.

9.     The physical condition of the mobile home or manufactured home presents a threat to the health or safety of its occupants or others in the community or, by its physical appearance, disrupts the right to the enjoyment and use of the community by others.

10.  Refusal to sign a lease.

11.  Material misrepresentation in the application for tenancy.

12.  Other good cause.

If the reason is not listed, termination or nonrenewal is mot likely not permitted.

Why the Law Is Stricter

The Legislature recognized that mobile home residents often own their homes, face high costs to move them, and cannot easily relocate. As a result, § 710.15 prioritizes long-term housing stability.

It should be noted that this newsletter focuses on the big-picture rules governing mobile home communities under Wis. Stat. § 710.15. If you have any questions, reach out to us at Pettit Law Group. We’re happy to help ensure you are operating your community correctly.

This blog post was drafted by Atty. Madeline Worgull of Pettit Law Group S.C.