Mobile home park fees in New Mexico

New Mexico's Mobile Home Park Act (NMSA 1978 §§47-10-1 to 47-10-23) bans entry fees and selling/transfer fees, caps the security deposit, and requires every charge to be disclosed. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in New Mexico.

What the statute says

Under NMSA 1978 §47-10-10(A), the park owner "shall neither pay to nor receive from an owner or a seller of a mobile home an entry fee of any type as a condition of tenancy." Section 47-10-10(B) defines "entry fee" to exclude only rent; a lawful security deposit; government fees; utilities; and "incidental charges for services actually performed ... or agreed to in writing by the tenant" — and provides that the deposit "shall remain the property of the tenant" and be held "into a separate trust account ... administered by the landlord as a private trustee."

The deposit is capped by §47-10-8: "not greater than the amount of one month's rent or two months' rent for multiwide units." Selling and transfer fees are barred by §47-10-12, which lets the park apply "normal park standards" to a buyer and charge only "a reasonable selling fee or transfer fee for services actually performed and agreed to in writing." And §47-10-14 requires the rental agreement to disclose "all charges to the tenant other than rent." Violations of several disclosure provisions can carry a civil penalty of up to $500 (§47-10-23).

How it works in general

A New Mexico park can't charge an entry fee to move in — only rent, a lawful deposit, government fees, utilities, and agreed-to incidental charges are allowed. The deposit can't exceed one month's rent (two months for a multiwide home), stays the resident's property, and has to be held in a separate trust account. When a resident sells the home, the park can't charge a selling or transfer fee beyond a reasonable charge for services the resident agreed to in writing. Every charge other than rent has to be written into the rental agreement, so a resident should see all of them before signing.

Common scenarios

General examples New Mexico park residents commonly encounter:

• A park asks for a move-in "entry fee." That's prohibited (§47-10-10(A)).
• A deposit above one month's rent is requested. The cap is one month (two for multiwide), held in trust (§47-10-8, §47-10-10(B)).
• A park demands a transfer fee on a sale. Selling/transfer fees as a condition of tenancy are barred (§47-10-12).

Other authorities that may apply

The Mobile Home Park Act (NMSA 1978 §§47-10-8, 47-10-10, 47-10-12, 47-10-14) governs entry fees, the deposit, selling fees, and disclosure; the Uniform Owner-Resident Relations Act supplies background rules. Federal law can apply in particular situations.