New Hampshire Mobile Home Park Lease Law: What Operators Need to Include

What must a mobile home lot lease include in New Hampshire?

New Hampshire regulates manufactured-housing-park (MHP) lot tenancies under RSA Chapter 205-A. The core rule for operators: before a prospective tenant enters into a rental agreement, you must fully disclose in writing all terms and conditions of the tenancy, including rental, utility, entrance, and service charges. This is required twice over, by RSA 205-A:6, I and by RSA 205-A:2, VII, so treat a complete written disclosure as mandatory, not optional.

You must also give every applicant a written copy of the park rules, and those rules must carry a specific IMPORTANT NOTICE at the top of the first page in capital letters or 10-point bold face (RSA 205-A:2, XI). That notice doubles as the tenant's statement of rights and tells them where to obtain a copy of RSA 205-A.

Beyond disclosure, the lease and rules cannot contain any of the practices prohibited by RSA 205-A:2 (for example, an entrance fee over 3 months' rent, denial of the right to sell the home in place, or forced purchase of goods and services). Get these three things right and the rest of Chapter 205-A becomes far easier to comply with.

The written disclosure and rental agreement (RSA 205-A:6)

RSA 205-A:6, I requires the operator to 'fully disclose in writing all terms and conditions of the tenancy including rental, utility and service charges, prior to entering into a rental agreement with a prospective tenant.' RSA 205-A:2, VII reinforces this and adds 'entrance' charges to the list, making non-disclosure a prohibited practice in its own right. In practice: put every recurring and one-time charge in writing and give it to the applicant before they sign or occupy.

Once a charge is disclosed, you cannot simply raise it. RSA 205-A:6, I says no disclosed charge may be increased without a written explanation, a stated implementation date that is at least 60 days after written notice to the tenant, and notice of the opportunity for voluntary mediation. You also cannot vary the terms of a written or oral rental agreement without the tenant's express written consent.

Two related fee rules matter for lease drafting. You may not charge a late fee on rent paid in full within 7 calendar days of the due date (RSA 205-A:6, IV), and if you shift a utility such as water or sewer to the tenant, you generally bear the conversion and metering costs and the utility must bill the tenant directly (RSA 205-A:6, II).

Prohibited lease terms and practices (RSA 205-A:2)

RSA 205-A:2 is a list of things an MHP owner or operator 'shall' not do, and these override any conflicting lease clause. An entrance or other move-in fee may not exceed the equivalent of 3 months' rent, and no fee of any kind may be charged unless it is for services actually rendered (RSA 205-A:2, I). You may not deny a resident the right to sell the home in place at a price of the resident's own choosing, or force removal of the home because it was sold; you may reserve buyer approval, but only if not unreasonably withheld (RSA 205-A:2, II).

You may not require a tenant to buy goods or services (fuel oil, paving, snow plowing, and the like) from any particular person or company (RSA 205-A:2, IV), require the home itself to be bought from a particular person outside the narrow new-lot exception (RSA 205-A:2, VI), or require under-skirting and tie-down equipment from a particular vendor (RSA 205-A:8, though you may set the style or quality). You also may not impose an additional charge or higher rent, directly or indirectly, for persons under age 18 (RSA 205-A:2, VIII(a)).

Watch the application fee: a non-refundable processing fee may not exceed $125 unless you provide an itemized breakdown, and even then it must be reasonable (RSA 205-A:2, II(e)). Because these are statutory prohibitions, a lease clause that tries to contract around them is unenforceable, so scrub your template against the full RSA 205-A:2 list.

Park rules must be reasonable and properly disclosed

Rules are enforceable only if they are reasonable and were disclosed in writing. RSA 205-A:2, XI requires you to give each applicant a written copy of the park rules, and those rules must 'set forth the terms and conditions of the tenancy' and carry the mandated IMPORTANT NOTICE at the top of the first page in capital letters or 10-point bold face. That notice states that all park rules must be reasonable and that no rule may be changed without the tenant's consent unless the park gives 90 days advance notice.

Rule changes and enforcement track the eviction standard in RSA 205-A:4, V: rules may be established at the inception of tenancy or amended with the tenant's written consent, 'or without the tenant's consent upon 3 months' written notice,' and a tenant can only be evicted for a rule breach after written notice of the failure and a reasonable opportunity to comply. Treat 90 days / 3 months' written notice as the floor for imposing a new rule on existing tenants.

The IMPORTANT NOTICE also serves as the tenant's statement of rights: it tells tenants that copies of RSA 205-A may be obtained from the Consumer Protection and Antitrust Bureau of the Attorney General's Office or from the New Hampshire General Court website (RSA 205-A:2, XI). Include that language verbatim so your rules package satisfies the statute.

Lease requirements at a glance in New Hampshire

• Written pre-occupancy disclosure
  Fully disclose in writing all terms and charges (rental, utility, entrance, service) before the rental agreement is signed (RSA 205-A:6, I; RSA 205-A:2, VII).
• Written copy of rules with mandated notice
  Give every applicant the park rules containing the IMPORTANT NOTICE REQUIRED BY LAW in caps or 10-point bold at the top of page one (RSA 205-A:2, XI).
• Statement of rights / RSA 205-A access
  The mandated notice must tell tenants how to obtain RSA 205-A from the Consumer Protection and Antitrust Bureau or the General Court website (RSA 205-A:2, XI).
• Entrance fee cap
  No entrance or other move-in fee greater than 3 months' rent, and no fee at all unless for services actually rendered (RSA 205-A:2, I).
• Right to sell in place
  Cannot deny the resident's right to sell the home in place at their chosen price; buyer approval must not be unreasonably withheld (RSA 205-A:2, II).
• No forced goods, services, or equipment
  Cannot require purchase of goods or services, the home, or tie-down/skirting equipment from a particular person (RSA 205-A:2, IV and VI; RSA 205-A:8).
• No surcharge for minors
  No extra charge or increased rent for persons under age 18 (RSA 205-A:2, VIII(a)).
• Application fee limit
  Non-refundable processing fee capped at $125 unless itemized, and must be reasonable (RSA 205-A:2, II(e)).
• Charge-increase notice
  Disclosed charges rise only with written explanation, a date at least 60 days out, and mediation notice (RSA 205-A:6, I).
• Rule-change and late-fee limits
  New rules on existing tenants require consent or 90 days / 3 months' written notice; no late fee within 7 days of the due date (RSA 205-A:2 XI, RSA 205-A:4 V, RSA 205-A:6 IV).

Operator best practices in New Hampshire

• Use one written disclosure packet
  Combine the RSA 205-A:6 charge disclosure and the RSA 205-A:2 XI rules-with-notice into a single packet delivered and acknowledged before occupancy.
• Paste the IMPORTANT NOTICE verbatim
  Reproduce the statutory notice exactly, in caps or 10-point bold at the top of page one of the rules; do not paraphrase it.
• Audit your lease against RSA 205-A:2
  Line-check your template for any prohibited clause (entrance fee, sale-in-place limits, forced vendors, minor surcharges) and remove them, since such clauses are unenforceable.
• Itemize any application fee over $125
  Keep processing fees at or below $125, or provide a written itemized breakdown and be able to show the amount is reasonable.
• Build a compliant rent/charge-increase workflow
  Standardize a 60-day written increase notice with the required explanation and the mediation-opportunity statement in 10-point bold.
• Give 90 days / 3 months' notice for rule changes
  Never impose a new rule on existing tenants without their written consent or the statutory advance notice, and document notice delivery.
• Keep a local manager on file
  If you live more than 25 miles away, designate a manager or agent within 10 miles for emergency repairs and give tenants the contact info (RSA 205-A:2, X).
• Build a relationship with a New Hampshire MHP attorney
  Retain counsel who practices under RSA Chapter 205-A to review your lease, rules, and notice forms and to keep them current with amendments.