West Roosevelt Mobile Home Park Rules and Regulations

 WEST ROOSEVELT MOBILE HOME

PARK RULES AND REGULATIONS

 

Where the words Landlord or Management are used, it shall be defined as the Park owners and/or Property Manager.  “Tenant” is construed to include the term resident and all signatories to the rental agreement, approved occupants and other legal residents of the manufactured home and their authorized guests.

The following park rules and regulations apply to all manufactured homes in our community and are expressively made a part of the rental lease agreement.  These rules constitute a binding agreement between you and the management.

VEHICLES:

The posted speed limit for all vehicular traffic within the park is 10 miles per hour and is posted.  Maximum two (2) Tenant owned passenger vehicles per lot.  If a vehicle is not in regular operating condition or is in inoperable condition, or unsightly, or loud as determined solely by Management it is to be taken elsewhere for storage and failure to do so will result in towing at Tenants expense, after notice has been given.  Tenant parking is allowed only in the Tenants designated driveway parking area and under no circumstances ay a Tenant, or guest of a Tenant park on a landscaped area.  All motorized vehicles operated within the park must have a current, valid license and be able to provide proof of current and appropriate insurance.

Riding motorcycles or ATV’s will not be permitted under any circumstances or by any reason within mobile home park boundaries except to and from the mobile home or vehicles used pay park personnel, provided that the noise does not permit nuisance (in the opinion of Management) to other residents.

There is limit of two vehicles per space. Boats, trailers, RVS or utility trailers may not be parked or stored in the carport, driveway or anywhere on the lot.  If storage arrangements cannot be made with the management, they must be stored off site.

Any person(s) staying longer than 10 days in any 30 day period MUST apply to become a tenant.  It is responsibility of the contractual tenant(s) to see that their unauthorized occupant(s) submit to the application process and have their application reviewed by Park Management.  In no event will anyone be allowed on park property, who in Management’s sole opinion represents a threat to the health, safety and well being of other park Tenants and their authorized guests.  There is a non-refundable fee associated with the application process which is paid by the applicant.  Any person(s) or guest who has their application denied shall remove themselves from the premises immediately upon formal notification of rejection of their application for tenancy.  Failure of an unauthorized occupant(s) to submit to the application process or remove themselves upon notification of a denial of their application shall result in eviction of the tenant and the unauthorized occupant(s).

FEES AND CHARGES:

All monthly rental fees and other charges are due on or before due date and considered late the date after they are due.  Late fees begin 3 days after due date.  The late fees are $25 first day and $10 per day up to $85 for one month.  Management determines to whom are entitled to receive late payments.  This is not a right it is at the sole discretion of management.

 

PARTIAL RENT PAYMENTS DO NOT CONSTITUTE A WAIVER:

If management accepts money from a tenant which sum is less than the amount owed, such acceptance shall not be considered a satisfaction of the amount due with the remaining balance due and owning until paid.  Management reserves the right to raise the rent during the term of the lease by giving a 30 day written notice.

CAREGIVERS:

A tenant my share his or her mobile home with any person over eighteen years of age, if that person is providing live-in home care of live in hospice to the tenant under an approved plan of treatment ordered by the tenant’s physician.  The live-in care provider is not considered a tenant of the park and shall have no rights of tenancy in the park.  The live-in care provider shall comply with the rules of the mobile home park, the rental agreement and this paragraph.

MISC TERMS:

The owner has no responsibility for naturally occurring or human caused fires, accidents or other mishaps occurring on lots or roads.  Residents assume responsibility and liability for any misuse or damage to any common facilities, roadway or other common area within the park when used by their dependents and/or guests.

It shall be the sole right of management to as anyone to leave the park premises who in the estimation of management is causing a threat to the welfare of other residents.  Additionally , it shall be the sole right of management to prohibit any acts of a tenant, guest or invitees that in the estimation of management, increases the danger of damage to the tenants home, any other residence in the park or any common facilities located in the park.

A landlord shall not terminate or fail to renew a tenancy of a tenant or the occupancy of an occupant of whatever duration except for one or more of the following reasons:

Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the Tenants duties,  The tenant shall be given written notice to cease the rule violation immediately.  The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that tenant shall vacate the premises within fifteen days.  PROVIDED, that for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination:  PROVIDED FURTHER, that in case the violation of a “material change” in park rules with respect to pets, tenants, with minor children living with them, or recreational facilities, the tenant shall be given a written notice under this chapter of a six month period in which to comply or vacate;

Nonpayment of rent or other charges specified in the rental agreement, upon three days written notice to pay rent and/or other charges or to vacate;

Conviction of the tenant of a crime, commission of which threatens the health, safety or welfare of the other mobile home park tenants.  The tenant shall be given a written notice of a fifteen day period in which to vacate;

Failure of the tenant to comply with local ordinances and state law regulations relating to mobile homes, manufactured homes, or park models or mobile home, manufactured homes or park model living within a reasonable time after the tenants receipt of notice of such noncompliance from the appropriate government agency;

The people who are renting lots only are responsible for maintain and upkeep of their mobile homes.

Engaging in “criminal activity” means a criminal act defined by statue or ordinance that threatens the health, safety or welfare of the tenants.  A park owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense.  Notice from a law enforcement agency of criminal activity constitutes sufficient grounds but not only the grounds, for an eviction under this subsection.  Notification of the seizure of illegal drugs is evidence of criminal activity and is grounds for an eviction under this subsection.  The requirement that any tenant or occupant register as a sex offender is grounds for eviction under this subsection.  If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action:

If the tenants application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon misstatement with a year of the time the resident began paying rent.

If the landlord serves the tenant three fifteen day notices within a twelve month period to comply or vacate for failure to comply with the material terms of the rental agreement or park rules.  The applicable twelve month period shall commence on the date of the first violation;

Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county and state codes, statutes, ordinances and regulations, including this chapter.  The landlords shall give the tenant written notice to comply immediately.  The notice must state that failure to comply will result in termination of the tenancy and that tenant shall vacate the premises within 15 days;

The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and us of the premises. The landlord shall give the tenant written notice to comply immediately.  The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises with fifteen days;

The tenant creates a nuisance that materially affect the health, safety and welfare of other park residents.  The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately.   The notice must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;

Any other substantial just cause the materially affects the health, safety and welfare of other park residents.  The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; or

Failure to pay rent by the due date provided for in the rental agreement three of more times in a twelve month period, commencing with the date of the first violation, after service of a three day notice to comply or vacate.

UTILITIES:

The park will furnish water for domestic purposes only.  Domestic purposes are defined as drinking, sanitary, cooking and bathing water.  Water may be used in containers for plants and shrubs.

WASTE:

Only human waste and toilet tissue may be disposed of in the septic system.  All other materials are prohibited because they will damage and harm the on site waste disposal systems.  Tenants shall pay for any damage, plumbing and replacement costs to a drain field or a pump resulting from their disposal of any prohibited items.  The tenant will be charged $50.00 for stoppage due to grease build up in drain pipes.

TRASH:

Management furnishes containers for household trash only.  We will accept boxes only if they are broken down.  Old furniture, tires, tvs and mattresses are the tenants responsibilities.  Failure to get trash in the containers is a violation of rules.

PETS:

All tenants pets within the park must have current vaccinations.  They must be contained by a fence or pen at the residence and not roam freely about the park.  It is the responsibility of the tenant as a pet owner to care for the pet, maintaining a healthy humane environment and sanitary conditions for the pet. Tethering or chaining the pet outside with inadequate protection from the elements is not considered humane per the park management and is not allowed.  Any dog that is registered as, becomes registered as or meets the definition of a “dangerous dog” per Chapter 822 of the Texas Health and Safety Code is prohibited from the park.

ABOVE GROUND POOLS;

The above ground pools proof of insurance and regulations form must be completed, signed and approved by management.  Any above ground pool installed without this form will be removed immediately by tenant.  Non compliance by tenant will result in immediate removal by management at a cost of $250 to the tenant.

ACTIVITIES/LAW

The park is a closed residential community for the enjoyment of the tenants and their guests.  Federal, state, local laws, and regulations shall be adhered to by residents and guests.  Activities that violate any government statute, ordinance, regulation or rule shall not be permitted activities, which unreasonably disturb or interfere with the peaceful enjoyment of life, shall not be permitted.  No commercial business shall be conducted in the park.  No paid baby sitting, house sitting, auction, moving, business, or garage sales are permitted without the express written consent of park management.  No tenant or guest shall cause excessive noise or commotion.  Disturbing noises are not permitted at any time and quiet hours shall be observed between 10pm and 8am.  Noise from within the home or lot must not be audible outside the boundaries of your lot.

Residents shall not trespass in the yards of other tenants.  Parents and/or guardians shall be required to supervise their guests at all times and are responsible for their acts.  No joy riding of bicycles, tricycles, skateboards or scooters is allowed on park roadways.

FAIR HOUSING PRACTICES:

West Roosevelt Mobile Home Park is an all age community.  There are no restrictive covenants concerning race, religion, sex or disability.  Requisites for residency are outlined in the rental agreement and these rules and regulations and are in compliance with local, state and federal laws.

 

ENTIRE AGREEMENT:

Tenant agrees these rules and regulations and the rental/lease agreement contain the entire agreement between the parties relating to rental of space at Goldston, Inc all prior negotiations and stipulations concerning this matter which preceded or accompanied the execution hereof are conclusively deemed to be superseded hereby.  In the event there is a conflict between the rental/lease agreement and these rules and regulations, these rules and regulations shall control.  No servant, agent or employee of the park has any authority to make any representations or enter into any agreements in anyway inconsistent or in conflict with the Rental agreement or these rules and regulations.  The rental agreement and these rules and regulations may be altered by operation of law or by the landlord with 30 days notice.  I any changes in applicable laws conflicts with any of the rules and regulations of the park then the rule or regulation shall be automatically amended to conform.

ATTORNEY FEES:

In the event management is required to retain counsel to enforce any rule or regulation of the park or to collect monies owned then in such event I shall be the obligation of the tenant to pay all attorney fees incurred by management as the result of such enforcement or collection action.

WAIVER;

Any waiver by management or managements failure to take action in connection with any provision of the rental agreement or these rules and regulations shall not be deemed a waiver of any such provision or any subsequent breach of any such provisions and the acceptance of rent thereafter shall not be deemed a waiver of any preceding breach by tenant of any provision of the rental agreement or these rules and regulations regardless of managements knowledge of such preceding breach at the time of accepting rent.  In the event any provision of the rental agreement or these rules and regulations shall be determined to be invalid or unenforceable, the remainder of the remainder of the rental agreement or theses rules and regulations shall continue in full force and effect.

By signing this document the tenant acknowledges they read, agree to the conditions in this document and received a copy of the West Roosevelt Mobile Home Park Rules and Regulations.

West Roosevelt Mobile Home Park

5204 Acuff Road

Lubbock, TX  79403

 

Property Manager – Chris Estes  806-448-8934

Owner – Mike Palmer  806-543-0168