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He or she would also have to prove that you have been given the required 30-day written notice of the violation. If the violation does exist, and you have corrected the problem within the notice period, you can prevent the eviction. Take pictures or have friends witness what you have done, so you can prove that you have corrected the problem. If you correct the violation, but it occurs again within six months, the landlord can then terminate your tenancy by giving you at least a 20-day written notice that states the violation and the date your tenancy will end. This time you will not have the right to avoid eviction by correcting the problem.
It doesn’t matter whether you own or rent the mobile home in which you are living. The United States Department of Housing and Urban Development rolled out the Federal National Manufactured Housing Construction and Safety Standards Act in 1974. This law created stricter standards for the construction and design of mobile homes. In fact, they even decided to use a new name for homes built after 1974. Because this is a federal law, it overrides any regulations created by states and municipalities. When we’re talking about legal rights, the term “mobile home” is used to refer to a type of home that people tended to own in the 1960s and early 1970s.
What are the notice requirements to evict a mobile home park resident?
Nonpayment of Rent – If an Indiana tenant fails to pay rent, then the landlord may issue a 10-Day Notice to Pay after any applicable grace period. If the tenant still does not pay, then the landlord can start eviction proceedings. Sales tax is due upon application for title for a new manufactured home based on the purchase price. The purchase price includes the delivery, set-up, and utility connections. Requirements for paying the sales tax to the Indiana BMV or proving sales tax was already paid is outlined in the documentation requirements provided above.
Grounds include non-payment of rent, violation of rules of conduct, failure to correct non-compliance with a law or rule, annoyance, nuisance, and change in the use of the park. In some cases, the landlord must give the tenant a notice to correct the violation. If the tenant fails to correct, the landlords can give a termination notice.
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A person who holds a certificate of title, a certificate of origin, or otherwise owns as an improvement, a manufactured home that is attached to real estate by a permanent foundation may apply for an Affidavit of Transfer to Real Estate . However, a person is not required to apply for an ATRE to convert a manufactured home that is attached to real estate by a permanent foundation to an improvement upon the real estate upon which it is located. To file the motion, the tenant must pay a $71 filing fee or file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"). Click to visit theFiling Fees and Waiverspage for information and forms. The eviction process does not apply in situations where a person is selling a mobile home to a buyer, and the buyer has failed to pay the note or mortgage. The lease should include an express acknowledgement by the landlord that the space is fit for habitation.
Landlords are entitled to collect rent in a timely manner and may recover payment from deliberate and negligent damages exceeding those from normal use. Personal property taxes must be paid on mobile homes yearly. If taxes are owed on your mobile home from a previous year, your mobile home is at risk of being sold at auction. The county can sell your mobile home at a tax sale if taxes owed are more than $25.
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In either case, before you can actually be evicted, you have the right to a court hearing where you can give the court evidence that the violations never occurred or were corrected. With nearly twenty years in business, the tenant lawyers at Tobener Ravenscroft LLP have helped 1000s of mobile home residents assert their legal rights. Please contact us to speak with one of our mobile home tenant lawyers.
Laws for LandlordsYour Resource for laws affecting landlords
The vulnerable nature of its residents coupled with the difficulty and expense in having to move the home from the park creates a disparity of power between park owners and mobile home park tenants. Therefore, it is important that park tenants fully understand their rights with regards to rent increases, evictions, park maintenance, and more. Even residents who own their mobile homes outright sometimes face eviction if they are leasing the land their home sits on. There are some legitimate reasons why a landlord would evict a mobile home owner from their lot, including non-payment of rent, deliberate damage to community property, or other violations of community rules. Even in these cases, you may be able to fight your eviction.
Most local or county ordinances typically also have vacancy control, meaning that the rent for the pad remains the same for subsequent mobile home owners. This vacancy control is lifted where a park owns both the mobile home and the pad, as in the case of a forfeiture after nonpayment. Tenants should check their local laws to determine if their park has vacancy control. For most residents, though, the challenge of avoiding eviction is probably more pressing. Perhaps the first step for people in this situation is to learn what the laws governing manufactured-housing residents and park owners in their states. Many attorneys general provide guidance in this area.MinnesotaandMassachusettsare two examples.
Recognizing this, some states have taken steps to help people in manufactured-home parks.Colorado, for instance, passed a bill in early June to do that. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Housing Rights of Domestic Violence Survivors – This guide covers laws relating to the protection of domestic abuse survivors and victims in all US states. However, the Indiana section provides a concise digest of how this state’s relevant laws have been applied in practice since they were instituted. Discrimination housing laws are handled by the Indian Civil Rights Commission.
People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. The landlord/park owner must ordinarily give tenants a certain amount of notice before closing the park or changing its use. Many parks were built in the 1950s and 60s and often suffer from delayed infrastructural maintenance.
The U.S. Centers for Disease Control and Prevention issued a moratorium on evictions, including those involving mobile-home renters of land in mobile-home parks, through June 30. For millions of Americans, mobile homes provide an affordable form of residential ownership. But now a combination of threatening forces has placed many of them in highly precarious positions. Indiana small claims courts will hear rent-related disputes valued at $6,000 or less. Marion County has a different court system than the rest of the state so residents should click here to learn more.
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