Know Your Rights: Mobile Home Tenant Protections in Illinois
In Illinois, renting a mobile home or a designated lot comes with specific rights and responsibilities under state law. The Mobile Home Landlord and Tenant Rights Act protects tenants who live in mobile home parks with five or more trailers, unless the park is owned by the government or is strictly for recreational use. The information below helps you understand your rights as an Illinois mobile home tenant, ensuring you avoid wrongful eviction, unfair fees and other common issues mobile home tenants face.
North Suburban Legal Aid Clinic provides free legal aid to tenants in north suburban Cook County and Lake County facing landlord-tenant issues like repairs, eviction defense, and lease terminations, as well as matters involving subsidized and public housing.
Should you sign a lease as a mobile home tenant?
Yes, we always advise tenants to sign a written lease and keep a signed copy. A lease between a mobile home tenant and owner must initially cover a two-year period and must be in writing. After 2 years, a shorter or month-to-month lease agreement can be formed, but the tenant must sign a form acknowledging that they were offered a two-year lease and are declining.
Before signing a lease, tenants have the right to a written copy of the park's rules and regulations.
What should a mobile home lease include?
A lease should clearly state:
- The lot number and lot area.
- Monthly rent and fees
- Facilities provided by the park owner (utilities and maintenance services)
- The park owner’s contact information
What can a mobile home lease not include?
Certain terms are off-limits in mobile home leases. Your lease cannot:
- Charge a move-in or entry fee
- Impose any late fees before the 5th day after rent is due
- Require a security deposit larger than one month’s rent
- Give the owner of the mobile home park the right to move a trailer to a different lot during the lease
- Require a tenant to buy a mobile home from the park owner
- Waive the tenants right to a trial by jury
What happens at the end of my lease of a mobile home?
If you rent a mobile home lot within a park, your lease will be automatically renewed at the end of the term unless the park owner provides written notice with a reason to not renew at least 30 days before the end of your lease.
If the park owner decides to sell the park or close parts of it, mobile home tenants must receive at least 12 months’ notice to move.
Can the park owner raise my rent?
Yes, park owners can raise the rent on mobile home lots, but they must provide at least 90 days’ notice.
Under what circumstances can a mobile home park owner evict a tenant?
Park owners can evict tenants for:
- Not paying rent
- Violating Park rules or lease terms
- Failing to comply with local or state mobile home laws
A park owner cannot evict a tenant for:
- Exercising their tenant rights under the lease, local ordinances, or federal or state law
- Reporting violations or health and safety concerns to local or governing agencies
- Participating in a homeowners’ association
How does the eviction process work for mobile homeowners?
For non-payment of rent
If a tenant falls behind on rent, the park owner can serve the tenant with a notice requiring payment within at least 5 days. If the tenant has not paid rent by that deadline, the owner can proceed to file an eviction case in court.
For violating the lease terms or park rules
If the tenant has violated the lease terms or park rules, the owner must give notice of the violations and provide 24 hours for the tenant to address them. If the tenant has not corrected the issue, the owner can serve the tenant with a 10-day notice before beginning eviction proceedings.
Once the notice period has ended, the legal eviction process will progress similarly to tenants who rent units that are not mobile homes. If a tenant loses their eviction case, they will be given notice to vacate or the eviction order will be enforced. As for all tenants, the sheriff is the only person who can enforce this order and forcibly remove tenants.
Can the park owner lock tenants out?
Any action taken to remove the tenant from their mobile home or to prevent access without pursuing the legal eviction process is considered an illegal lockout. The park owner cannot change the locks of the home, remove tenants’ belongings, block access to the entrance, cut off services to the home, or take any other action that would prevent access to safe living conditions in the home.
Housing Legal Help for Lake County and North Suburban Cook County Residents
Mobile home tenants have the right to seek legal representation and to raise defenses in their case. In cases of non-payment of rent, tenants can also seek resources such as the Court-Based Rental Assistance Program. North Suburban Legal Aid Clinic represents mobile home tenants in eviction cases and is committed to ensuring that all our clients have access to key housing legal services.
If you or someone you know is facing an eviction or housing issues in north suburban Cook County, IL, or Lake County, IL, please call NSLAC at 847-737-4042 or email info@nslegalaid.org. Interpreters are available upon request in all languages. Services are available regardless of immigration status. NSLAC also offers free legal services in the areas of immigration and domestic violence.
