Cal. Civ. Code § 8A-1502
Md. Code Ann., Real Property Art. Title 8A — Mobile Homes
Operative Text
(a) If it is claimed or appears to the court that a rental agreement or park rule may be unconscionable, the court may give to the parties a reasonable opportunity to present evidence as to the meaning of the rental agreement or park rule, relationship of the parties, purpose, and other relevant factors to aid the court in making a determination. (b) A park rule that does not apply uniformly to all residents in a park creates a rebuttable presumption of unfairness. (c) In determining if a provision of a rental agreement or of a park rule is unconscionable, the court may consider if the provision: (1) Promotes the convenience, safety, or welfare of residents; (2) Preserves from abusive use property of the park owner; (3) Promotes a fair distribution of services or facilities held out to residents generally; (4) Relates reasonably to its purpose; (5) Applies to all residents in a fair manner; (6) Is sufficiently explicit for a resident to comply; and (7) Is for the purpose of evading an obligation of the park owner. (d) If a court finds that any provision of a rental agreement or park rule is unconscionable, the court may: (1) Refuse to enforce the rental agreement or park rule; (2) Enforce the remainder of the rental agreement or park rule without the unconscionable provision; or (3) Limit the application of any unconscionable provision as to avoid any unconscionable result. (e) If the effect of any provision of a rental agreement is to indemnify the park owner, hold him harmless, or preclude or exonerate him from any liability to a mobile home resident, or to any other person, for any injury, loss, damage, or liability arising from any omission, fault, negligence, or other misconduct of the park owner on or about the leased premises not within the exclusive control of the mobile home resident, the provision is against public policy and void. An insurer may not claim a right of subrogation by reason of the invalidity of this provision.
Under Md. Code Ann., Real Prop. § 8A-1502, Maryland courts have authority to review rental agreements and park rules in mobile home parks for unconscionability. A park rule that is not applied uniformly to all residents automatically raises a legal presumption of unfairness, which can be challenged in court. Courts may refuse to enforce an unconscionable provision, strike it while keeping the rest of the agreement intact, or limit its effect—and any clause that shields a park owner from liability for their own negligence on the premises is declared void as against public policy.
Plain English — not legal advice.
Operators of mobile home parks subject to Md. Code Ann., Real Prop. § 8A-1502 generally apply all park rules consistently and uniformly across every resident, since selective enforcement creates a rebuttable presumption of unfairness that courts will scrutinize. Compliant operators draft rules that are explicit enough for residents to understand and follow, serve a legitimate purpose such as safety or fair distribution of services, and do not attempt to shift liability for the park owner's own negligence onto residents. Indemnification or hold-harmless clauses that purport to exonerate the park owner from liability for their own misconduct on the premises are void under this provision and offer no legal protection.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mobile home park residents in Maryland have the right under § 8A-1502 to ask a court to review any rental agreement clause or park rule they believe is unconscionable or unfairly applied. If a rule is not being enforced the same way for all residents, that inconsistency itself creates a legal presumption of unfairness that a court must consider. Tenants who encounter clauses attempting to waive the park owner's liability for their own negligence may raise the provision's public-policy prohibition as a defense; tenant-rights organizations and legal aid offices can help residents understand what options may be available in their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 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.