South-Western Legal Studies in Business

Implied Warranty of Habitability Applies to Mobile Home Rentals
Description

Trial court held that under Mississippi law the implied warranty of habitability applies to mobile homes and mobile home lots unless expressly waived by the lessee.

Topic Real and Personal Property
Key Words

Landlord-Tenant, Implied Warranty of Habitability, Mobile Home Lots

C A S E   S U M M A R Y
Facts

The Moormans leased a mobile home lot for their mobile home in a development owned by Tower. When they moved in, the Moormans were aware that the concrete sidewalk in front of their home was "busted up." The lease stated that the Moormans would maintain a clean, neat, safe and orderly premise. It also stated that the lessor had no obligation to make any repairs or improvements to the premise, but the Moormans testified that Tower's representative said that the sidewalk would be repaired. It was not and Mr. Moorman tripped on the broken concrete and sustained injuries. He sued Tower for negligence. Tower moved for summary judgment.

Decision

Motion denied. Under Mississippi law, the implied warranty of habitability applies to mobile home lots. Those who rent mobile home lots for the purpose of residence have the same general expectation with respect to the habitability of their lot as in non-mobile home residences. The lessor must provide a reasonably safe premise at the beginning of the lease and use reasonable care to repair dangerous conditions upon notice, unless expressly waived by the tenant. It will be determined at trial if Moorman expressly waived this right to have the landlord repair the sidewalk.

Citation

Moorman v. Tower Management Co., ---F.Supp.2d--- (2006 WL 2583736, S.D. Miss., 2006)

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