Operating a manufactured home community in Pennsylvania involves legal obligations that differ significantly from traditional apartment management. Because residents typically own their home but rent the land, the relationship between community owner and resident is governed by the Pennsylvania Manufactured Home Community Rights Act (“MHCRA”), 68 P.S. § 398.1 et seq.
For community owners, failure to comply with the MHCRA can result in dismissed eviction actions, delays in removing non-paying residents, and, in some cases, monetary liability owed to the resident. Understanding the MHCRA’s procedural requirements is therefore essential for protecting rental income, maintaining community standards, and avoiding unnecessary litigation.
Why the MHCRA Matters for Community Owners
The MHCRA treats manufactured home communities differently from typical residential rentals. Because relocating a manufactured home can be costly or impractical, the MHCRA gives residents additional protections.
For community owners, this means:
- Evictions are allowed only for specific statutory reasons;
- Notice requirements are more detailed than standard landlord-tenant notices;
- Many statutory protections cannot be waived in the lease; and
- Procedural mistakes can delay evictions for months.
Careful compliance with the MHCRA is therefore critical before initiating any eviction action.
Grounds for Eviction
Community owners cannot terminate a tenancy simply because the relationship has become difficult or unprofitable. Unlike traditional residential evictions, termination of leases and/or eviction under the MHCRA is permitted only for specific statutory reasons including:
- nonpayment of rent;
- repeated or substantial violations of community rules;
- material breaches of the lease; and/or
- the closure of the community.
See, e.g. 68 P.S. § 398.3(e).
These are not just examples. These grounds are exclusive, and attempting to remove a resident for any other reason outside those in the statute – even if they seem reasonable from a business perspective and even if you have been more than accommodating in the past – could result in the dismissal of your eviction suit. Also, many requirements in the MHCRA cannot be waived in the Lease.
Therefore, it is in all community owners’ interest to create best practices for documenting community complaints and disputes in order to enforce them down the road. Community owners should maintain detailed documentation of:
- rule violations;
- notices issued;
- photographs;
- records of prior warnings;
- logs of resident complaint; and,
- any efforts made to resolve issues short of eviction.
Equally important is consistent enforcement. Selective or uneven application of community rules may expose owners to claims of retaliation or discrimination under the MHCRA.
Notice and Opportunity to Cure
While general eviction processes in Pennsylvania typically provide for pre-eviction notice, the MHCRA requires community owners to provide special notice that contains specific information that a typical Notice to Quit does not require and contains added requirements.
First, there is statutory language that must be included: the amount of unpaid rent outstanding, or, in the event of a rules violation eviction, you must send a notice after the first violation with the rule(s) that were broken and cautioning that additional violations would result in eviction. Second, the date matters. If notice is being given between April 1 and September 1, then 20 days’ notice is required. If notice is being given during any other time of year, you are required to give 30 days’ notice. This is mandatory.
These unique rules differ depending on the reason for eviction. Compliance throughout every stage of the process is important in order to avoid defects in your claim for eviction.
Eviction Process
Pennsylvania does not allow for self-help evictions. This includes, locking a resident out, shutting off utilities, towing or removing the home, blocking access to the lot, or changing the locks. Even if rent is months overdue and even if the resident has put in writing that they agree the are overdue on rent, possession must be obtained through the judicial process. Otherwise, you open yourself up to claims from the resident.
The eviction process follows the same legal process as any other eviction in the Commonwealth, especially if the owner files suit in the Magisterial District Court. Owners can (on average) expect to have a hearing in less than 45 days weeks and, if successful, initiate a lockout within the next 30 days (absent an appeal).
An eviction does not automatically grant the community owner the right to take possession of the home itself; it only removes the residents from the community. If the evicted resident vacates the home and takes no steps to remove the home from the community, owners must pursue separate abandonment proceedings in Magisterial District Court in order to exert control over the home and any other property in the home.
This process can create extended vacancy periods and owner liability if not handled properly.
Conclusion
If you are a manufactured home community owner, understanding your obligations under the law is critical to minimize the impact on your business.
Consulting with counsel that is familiar with the MHCRA and your business can help minimize vacancies and limit legal exposure.
