Peabody, Mass., Code of Ordinances ch. 18, art. II (2026) § 18-71
Evictions; purchase, sale or lease agreement with homeowners association
Operative Text
(a) No park owner or management shall bring any action to recover possession of a mobile home park accommodation unless: (1) The homeowner or resident has failed to pay the rent to which the park owner or management is entitled; (2) The homeowner or resident is in substantial violation of an enforceable rule of the mobile home park; (3) The homeowner or resident is in violation of a law or ordinance which protects the health or safety of other mobile home park residents; (4) There is a discontinuance in good faith by the park owner or management of the use of part or all of the land owned and licensed as a mobile home park subject to any existing contractual rights between the park owner or management and the homeowner or resident located in the mobile home park. No such discontinuance shall be valid for any mobile home sold by the licensee and for which a mobile home site was made available at the time of the sale, by the licensee, for a period of five years from the date of the sale; (5) The homeowner or resident is committing or permitting to exist a nuisance in, or is causing substantial damage to, the mobile home park accommodation, or is creating a substantial interference with the comfort, safety, or enjoyment of the park owner or management or other occupants of the same or any adjacent accommodation; (6) The homeowner or resident is convicted of using or permitting a controlled mobile home park accommodation to be used for any illegal purpose; (7) The homeowner or resident who had a written lease or rental agreement which terminated on or after the ordinance from which this article was derived has taken effect, has refused, after written request or demand by the park owner or management, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with or violation of any provisions of this article; (8) The homeowner or resident has refused the park owner or management reasonable access to the unit for the purpose of making necessary repairs or improvements required by the law of the United States, the Commonwealth, or any political subdivision thereof, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee; (9) The homeowner or resident holding at the end of a lease term is a subtenant not approved by the park owner or management; (10) The park owner or management seeks to recover possession for any other just cause, provided that the park owner or management's purpose is not in conflict with the provisions and purpose of this article. (b) A park owner or management seeking to recover possession of a mobile home park accommodation shall apply to the Board for a certificate of eviction. Upon receipt of such an application, the Board shall send a copy of the application to the homeowner or resident of the mobile home park accommodation together with a notification of all rights and procedures available under this section. If the Board finds that the facts attested to in the park owner's or management's petition are valid and in compliance with Subsection (a) of this section, the certificate of eviction shall be issued. (c) A park owner or management who seeks to recover possession of a mobile home park accommodation without a certificate of eviction shall be deemed to have violated this article. (d) The provision of this section shall be construed as additional restrictions on the right to recover possession of a mobile home park accommodation. No provision of this section shall entitle any person to recover possession of such a mobile home park accommodation. Upon a decision of the Rent Board concerning the granting or withholding of a certificate of eviction, either party concerned may appeal to the City District Court within 30 calendar days after such decision. (e) Incorporated homeowners association; right of first refusal; exceptions. (1) In any instance in which a mobile home park owner has been sent a certified letter from an incorporated homeowners association indicating that such association has at least 51 percent of the homeowners residing within said park as members, and has articles of incorporation specifying all rights and powers, including the power to negotiate for, acquire and operate the mobile home park on behalf of the member residents, then, before a mobile home park may be sold for any purpose and before it may be leased for any purpose that would result in a discontinuance, the park owner or management shall notify said association by certified mail of any bona fide offer that the park owner or management intends to accept to buy the park or to lease it for a use that would result in a discontinuance. (2) The park owner shall also give notice by certified mail to the incorporated homeowners association of any intention to sell or lease the park within 14 days of any advertisement or other public notice by the owner or the owner's agent that the park is for sale or the land upon which the park is located is for rent, and notice to the homeowners association shall include the price, calculated as a single lump sum amount which reflects the present value of any installment payments offered and of any promissory notes offered in lieu of cash payments or is the case of an offer to rent, the capitalized value of the annual rent, and the terms and conditions of the offer. Any incorporated homeowners association entitled to notice under this section shall have the right to pursue or lease the park, provided that it meets the price and substantially equivalent terms and conditions of any offer of which it is entitled to notice under this section by executed a contract or purchase and sale or lease agreement within the park owner or management within 45 days of notice of the offer, and obtaining any necessary financing or guarantees within an additional 45 days. No park owner or management shall unreasonably delay the execution of a purchase and sale or lease agreement with a homeowners association that has made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer which notice is required to be given pursuant to this section. (3) Failure of the incorporated homeowners association to execute such a purchase and sale agreement within the first 45-day period or to obtain a binding commitment for financing within the second 45-day period shall serve to terminate the right of such association to purchase or lease the mobile home park for this effected period. The time periods herein provided may be extended by agreement of the association and the owner. Nothing herein shall be construed to require an owner to provide financing to any association or to prohibit an owner from requiring an association which is offering to lease a park to have within its possession a sum equivalent to the capitalized value of the proposed rent of the park and requiring that a portion of such sum, of an amount necessary to pay the rent on said park for a period of no greater than two years be kept in escrow for such purpose during the term of the lease. (4) The right of first refusal created herein shall ensure to a homeowners association for time periods hereinbefore provided, beginning on the date of notice to the homeowners association. The effective period of such right of first refusal shall contain separately for each substantially different bona fide offer to purchase the park or lease it for a purpose that would result in a discontinuance and for each other substantially equivalent to an offer made more than three months prior to the later offer; provided, however, that in the case of a substantially equivalent offer made by a prospective buyer who has previously made an offer for which notice to a homeowners association was required by this section, the right of first refusal shall contain only if such subsequent offer is made more than six months after the earlier offer. The right of first refusal shall not apply within respect to any offer received by the homeowner for which notice to a homeowners association is not required pursuant to this section. (5) No right of first refusal shall apply to a government taking by eminent domain or negotiated purchase, a forced sale pursuant to a foreclosure, transfer by gift, devise, or operation of law, or a sale to a person who would be included within the table of descent and distribution if there were to be death intestate of a park owner. (6) In any instance in which the incorporated homeowners association of a mobile home park is not the successful purchaser or lessee of such mobile home park, the seller or lessor of such park shall prove compliance with this section by filing an affidavit of compliance in the official records of the County where the property is located within seven days of the sale or rent of the park.
Peabody Code of Ordinances ch. 18, art. II § 18-71 establishes that mobile home park owners and management in Peabody may only seek to remove a homeowner or resident from a park accommodation under one of ten specified grounds, such as nonpayment of rent, substantial rule violations, health and safety violations, or other just cause. Before any eviction can proceed, the park owner or management must obtain a certificate of eviction from the Rent Board, which reviews the application and notifies the resident of their rights. The section also grants a qualifying incorporated homeowners association a right of first refusal whenever the park is offered for sale or lease in a way that would result in a discontinuance, requiring the park owner to provide certified notice of any bona fide offer and allowing the association a defined window to match the price and terms.
Plain English — not legal advice.
Under Peabody Code of Ordinances ch. 18, art. II § 18-71, compliant park operators document the specific statutory ground for any eviction action before initiating proceedings and apply to the Rent Board for a certificate of eviction rather than attempting to recover possession unilaterally. Operators also track whether a qualifying incorporated homeowners association has sent the required certified letter establishing its membership threshold, and if so, they provide certified-mail notice of any bona fide purchase or lease offer—including price and terms—before accepting it. Maintaining records of all notices sent, responses received, and the 45-day contractual and financing windows helps demonstrate compliance with the right-of-first-refusal requirements of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Peabody Code of Ordinances ch. 18, art. II § 18-71 limits the grounds on which a park owner or management may seek to remove a mobile home park resident, and it requires the park owner to obtain a certificate of eviction from the Rent Board before any eviction can be valid. When the Board receives an eviction application, it is required to send the resident a copy along with a notification of all available rights and procedures, giving residents an opportunity to respond. Residents who believe an eviction attempt does not meet one of the enumerated grounds, or that a certificate was not properly obtained, may raise those issues before the Rent Board and, if unsatisfied with the Board's decision, may appeal to City District Court within 30 calendar days; tenant-rights organizations familiar with mobile home park law can help residents understand these options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.