Buying a mobile home in New Jersey

New Jersey's mobile-home-park statutes give a buyer a guaranteed long-term lease offer, full fee disclosure, a fair buyer-approval process, and a capped deposit. The information below describes how the law generally works; anyone buying should consider consulting a licensed attorney in New Jersey.

What the statute says

N.J.S.A. 46:8C-4 requires the park, "within 30 days of a mobile home dweller lawfully assuming occupancy," to "offer a written lease or written rental agreement for a period of not less than 12 months," and to "deliver a copy of all rules and regulations ... to the mobile home owner prior to his signing a lease." N.J.S.A. 46:8C-2(c) requires full written disclosure of all fees before occupancy, with undisclosed charges uncollectible (subsection d).

For a buyer who will keep the home in the park, N.J.S.A. 46:8C-3 lets the park approve the buyer as a tenant but provides that "such permission may not be unreasonably withheld," and the buyer submits a tenancy application; an unreasonable refusal is actionable in Superior Court. The security deposit is capped by N.J.S.A. 46:8-21.2 at "1 1/2 times 1 month's rental."

How it works in general

A New Jersey buyer who keeps a home in the park is entitled to a written lease of at least 12 months and to receive the park rules before signing. The park must have disclosed all fees, and anything undisclosed can't be charged. The buyer applies to be approved as a tenant; the park can't unreasonably refuse, and an unreasonable refusal can be taken to Superior Court. The deposit can't exceed 1.5 months' rent. Reviewing the written lease, the rules, the fee disclosures, and the home's certificate of ownership are the key steps before closing.

Common scenarios

General examples New Jersey buyers commonly encounter:

• A buyer is offered only a short or oral arrangement. The park must offer a written lease of at least 12 months (N.J.S.A. 46:8C-4).
• A park is slow to approve or refuses the buyer. Approval can't be unreasonably withheld, and refusal is actionable in court (N.J.S.A. 46:8C-3).
• A park asks for a large deposit. It can't exceed 1.5 months' rent (N.J.S.A. 46:8-21.2).

Other authorities that may apply

The mobile-home-park statutes (N.J.S.A. 46:8C-1 et seq.) govern the lease, disclosure, and buyer approval, and these rights cannot be waived (N.J.S.A. 46:8C-5); the home's construction follows the federal HUD code. Ownership transfers by the MVC certificate of ownership (see the New Jersey title and taxes guide), and federal lending rules and the Fair Housing Act can apply. The written lease, rules, and bill of sale are the core documents to review.