Mobile home park fees in Maryland

Maryland's Mobile Homes law, Real Property Article Title 8A, regulates park fees through an outright ban on entrance and exit fees, a disclosure requirement, a notice requirement for increases, and a cap on resale inspection fees. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in Maryland.

What the statute says

The most direct rule is in Md. Code, Real Property §8A-402(a): "An entrance or exit fee is prohibited." Subsection (b) adds that a fee "may not be charged ... in connection with the renewal of a rental agreement" or to determine if a resident is qualified, and subsections (c)–(d) limit any resale inspection fee — no more than "one time within a 12-month period" (absent material deterioration) and never more than "$60."

Disclosure comes from §8A-201, which requires the rental agreement to stipulate, among other things, "the amount of any late payment fee" and "all park fees, in a manner that identifies the service to be provided for each park fee." Increases are governed by §8A-401: a park "may increase a park fee only if the park owner delivers to each resident a notice in writing of the increase at least 30 days before the effective date," and otherwise "may not collect the increased amount." Section 8A-501 further bars a park from requiring, "as a condition of tenancy, the purchase of any permanent improvement that would become the property of the park owner," from forcing residents to buy a home or equipment from a particular seller, and from accepting any "gratuity" to give one resident an advantage over others.

How it works in general

A Maryland park cannot charge a fee just to enter or leave the community, cannot charge to renew a lease, and cannot charge to check whether a resident qualifies for renewal. Every park fee must be spelled out in the rental agreement, tied to the service it pays for, and any fee increase needs at least 30 days' written notice — an increase imposed without notice can't be collected. A resale inspection fee is capped at $60 and limited to once a year. The park also can't make tenancy conditional on buying improvements it will own, or steer residents to a particular vendor, or take side payments.

Common scenarios

General examples Maryland park residents commonly encounter:

• A park bills an "entrance" or "exit" fee. It is prohibited outright (§8A-402(a)).
• A new fee appears that was never in the lease. Park fees must be disclosed and tied to a service, and increases need 30 days' notice (§§8A-201, 8A-401).
• A park charges to inspect a home before resale. The fee can't exceed $60 or be charged more than once a year (§8A-402).

Other authorities that may apply

Title 8A governs park fees, disclosure, increases, and the prohibited charges; the written rental agreement supplies the specific fees, which must be disclosed and service-linked. The security deposit has its own rules (see the Maryland buying guide, §8A-1001). A violation of Title 8A is enforceable by civil action with damages and possible attorney's fees (§8A-1501), and federal law can apply in particular situations.