I am often asked what is different about a manufactured home eviction in comparison to a regular eviction from residential property. Typically, the resident of the manufactured home park owns the manufactured home in which they live, but leases the land – commonly called a lot – occupied by the manufactured home. The short answer is that the process is largely the same, but there are some specific requirements – and only limited reasons – why a tenant can be evicted from a manufactured home.
Evictions from a manufactured home park are governed by Minn. Stat. Ch. 504B and Minn. Stat. Ch. 327C .320 7C .09 list the only reasons why a resident of a manufactured home park can be evicted:
1. Nonpayment of rent or utilities;
2. Violations of law;
3. Rule violations;
4. Endangering or substantially unknowing other residents;
5. Repeated serious violations of lease or ordinance or state law/rule;
6. Material misstatement in application; and
7. Specific improvement that the park owner plans to make that necessitate the eviction of the resident.
Most of these reasons why a resident of a manufactured home can be evicted require the landlord to provide some sort of notice and opportunity to correct the violation. For example, if a landlord wants to bring an eviction action based on nonpayment of rent or utilities, the landlord has to provide the resident of the manufactured home park with a 10-day notice, and give the resident 10 days to correct the nonpayment before the landlord can bring an eviction. For other violations, the landlord typically has to give a 30 day advance notice before bringing an eviction, but the amount of time in the landlord's rights and responsibilities vary.
For all of these reasons, the landlord should consult with an attorney who focuses on evictions, landlord-tenant law, and manufactured homes before taking any action. To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.