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

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

If you operate a mobile home or manufactured housing community in New Mexico, your lot leases are governed by the New Mexico Mobile Home Park Act, N.M.S.A. 1978, Sections 47-10-1 to 47-10-23. Every space rental must rest on a written lease or rental agreement. Section 47-10-3(A) is explicit: no tenancy or occupancy of space in a mobile home park may commence without one.

The Act does not leave the contents to your discretion. Section 47-10-14 requires you to disclose specific terms in writing before the resident moves in, requires both you and the resident to sign, and requires each party to keep a copy. The Act also voids any lease clause that waives a resident's statutory rights, bans several fee practices, tightly controls how park rules are adopted, and requires advance written disclosure of rent increases.

One practical note for anyone drafting from a checklist: the required disclosures are in Section 47-10-14, not Section 47-10-3, and Section 47-10-4 covers court termination actions rather than prohibited clauses. Cite the right sections in your forms so an audit or a resident challenge does not catch you out.

Required written disclosures under Section 47-10-14

Section 47-10-14(A) says the terms and conditions of the tenancy must be adequately disclosed in writing to any prospective resident before the rental or occupancy of the space. It then lists nine items your lease packet must contain.

Those nine are: the term of the tenancy, the rent amount, and the dollar amount of any rent increases for each of the preceding two years; the day rent is due; the day unpaid rent goes into default; the park rules and regulations then in effect; the zoning applicable to the park property; the name and mailing address where a manager's decision may be appealed; the name and mailing address of the park owner; all charges to the tenant other than rent; and a statement explaining the resident's right to request alternative dispute resolution (except for nonpayment of rent or utilities, or public safety emergencies).

Two more requirements in the same section: under Section 47-10-14(B) both the management and the resident must sign the agreement and each must receive a copy, and under Section 47-10-14(D) an owner who deliberately uses provisions prohibited by law or by Sections 47-10-11, 47-10-12 or 47-10-13 is liable for the resident's resulting damages plus reasonable attorney fees.

Prohibited lease provisions and fee practices

The single most important prohibition is the anti-waiver rule in Section 47-10-3(D): no lease may contain any provision by which the tenant waives rights under the Mobile Home Park Act, and any such waiver is contrary to public policy, unenforceable, and void. A boilerplate 'tenant waives all statutory rights' clause is worthless and exposes you to liability.

The Act also bars specific money practices. Section 47-10-10 prohibits entry fees of any type as a condition of tenancy (rent, a lawful security deposit, government fees, utilities, and agreed-in-writing incidental service charges are the only allowed exceptions). Section 47-10-11 prohibits 'closed park' tie-ins: you cannot require a tenant to buy a home from a particular seller, cannot force yourself in as the future sales agent, cannot block a resident from listing or selling their home in the park, and must treat everyone equally on credit and leasing. Section 47-10-12 bars selling or transfer fees except for services actually performed and agreed to in writing, and Section 47-10-13 bars seller kickbacks to reserve spaces.

Section 47-10-3(E) adds that you may not terminate a tenancy solely because of the size or age of the home. Any of these prohibited clauses in your form lease is void and, if used deliberately, triggers damages and attorney fees under Section 47-10-14(D).

Park rules and required disclosures (Sections 47-10-15, 47-10-15.1, 47-10-19)

You may adopt rules governing residents' use and occupancy, but Section 47-10-15 makes them enforceable against a resident only if all five tests are met: they were submitted to tenants for comment sixty days before implementation; their purpose is to promote convenience, safety or welfare, protect the premises from abusive use, or fairly distribute services; they are reasonably related to that purpose; they are not retaliatory or discriminatory; and they are explicit enough to fairly inform the resident of what to do to comply. A rule that flunks any test is unenforceable.

For new or amended rules, Section 47-10-15.1 requires at least sixty days notice before the effective date, a thirty-day written comment period with signed comments, conspicuous posting of all comments and your responses, and no effect until at least sixty days after the notification date. Existing compliant pets are grandfathered, and you cannot force existing residents to make physical improvements to their home or lot unless there is an ordinance violation or a public nuisance.

On rent, Section 47-10-19 requires you to fully and accurately disclose any rent increase in writing at least sixty days before it takes effect, and, on written request from a resident or prospective resident, to provide a written, dated schedule of the range of rental rates in the park. Section 47-10-6 reinforces the sixty-day written notice for increases, and Section 47-10-8 caps the security deposit at one month's rent (two months for multiwide units).

Lease requirements at a glance in New Mexico

• Written agreement is mandatory
  Section 47-10-3(A): no space tenancy may commence without a written lease or rental agreement.
• Nine required disclosures
  Section 47-10-14(A): term, rent plus two years of rent-increase history, due date, default date, current rules, zoning, appeal address, owner address, all non-rent charges, and an ADR-rights statement.
• Signed, with copies
  Section 47-10-14(B): both management and resident must sign and each must receive a copy.
• No waiver of rights
  Section 47-10-3(D): any clause waiving Mobile Home Park Act rights is void and unenforceable.
• No prohibited fees or tie-ins
  Sections 47-10-10 to 47-10-13: no entry fees, closed-park purchase tie-ins, selling or transfer fees, or seller kickbacks.
• Rules must clear five tests
  Section 47-10-15: reasonable, purpose-driven, non-discriminatory, explicit, and submitted for a sixty-day comment period before they bind residents.
• Rule changes need 60-day notice
  Section 47-10-15.1: sixty days notice, thirty-day signed comment period, posted responses, and no effect for sixty days; existing pets grandfathered.
• Rent-increase disclosure
  Sections 47-10-19 and 47-10-6: disclose any increase in writing at least sixty days ahead, and give a dated rate schedule on written request.
• Deposit cap
  Section 47-10-8: security deposit may not exceed one month's rent (two months for multiwide units).

Operator best practices in New Mexico

• Use one compliant master lease
  Build every disclosure in Section 47-10-14 into a single signed template so nothing is missed and both parties keep a copy.
• Strip out waiver language
  Audit your form for any clause that waives resident rights; under Section 47-10-3(D) it is void and can trigger damages under Section 47-10-14(D).
• Kill prohibited fees
  Remove entry, selling, and transfer fees and any purchase tie-in; only charge fees allowed under Sections 47-10-10 to 47-10-13 and get service fees agreed in writing.
• Document rule adoption
  Run the sixty-day comment process in Sections 47-10-15 and 47-10-15.1, keep signed comments, and post your responses conspicuously before any rule takes effect.
• Calendar rent-increase notices
  Send written increase disclosures at least sixty days out (Sections 47-10-19 and 47-10-6) and keep a current dated rate schedule ready for written requests.
• Track the two-year rent history
  Maintain rolling records so each new lease can state the dollar amount of rent increases for the preceding two years, as Section 47-10-14 requires.
• Cite the correct sections
  Reference Section 47-10-14 for disclosures and Section 47-10-3(D) for the waiver bar; do not rely on mislabeled section numbers in old templates.
• Build a relationship with a New Mexico MHP attorney
  Have counsel who knows the Mobile Home Park Act review your lease, rules, and notice forms before rollout and whenever the statute is amended.