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Mobile Home Park Evictions - Special Rules
If you own a mobile home and rent a lot in a mobile home park, you are a mobile home park tenant. This article explains the special rules for eviction from a mobile home park lot.
If you rent the mobile home, instead of owning it, the law is not clear about whether these special rules apply to you. If your landlord starts a regular eviction case instead of a mobile home park eviction case, you can raise the issue in court, but the judge may decide that these rules do not apply to your case.
Eviction is a serious matter. You may want to have a lawyer represent in your eviction case. Use Find a Lawyer to help you find legal services in your area.
Just Cause to Terminate Tenancy
The owner or operator of the mobile home park (your landlord) must have just cause to evict you. Your landlord can’t evict you just because your lease is ending. But, your landlord can increase your rent at the end of the lease, as long as the rent increase is not excessive and meant to end your tenancy.
Here are some examples of actions that could give your landlord just cause to evict you:
You paid your rent late three or more times in a 12-month period— to evict you for this your landlord must have sent you a demand for possession each of the times that you were late paying rent;
You used the mobile home for something illegal;
You violated your lease or rental agreement;
You violated a mobile home park rule in your lease related to any of the following:
The health, safety or welfare of the mobile home park, its tenants, or employees
Interference with another tenant's right to enjoy their property and/or the mobile home park
Failure to maintain the mobile home or site in a reasonable way that’s consistent with the rest of the park;
You violated the Michigan Department of Health and Human Services’ rules governing mobile homes;
You intentionally injured mobile home park personnel or other tenants;
You intentionally damaged the mobile home park or another tenant's property;
You violated local or state laws related to mobile homes;
You acted in a way that substantially annoys other tenants or the mobile home park, after you’ve been given notice about it and had a chance to fix the problem.
The Demand for Possession
Before an eviction case can start, your landlord must give you notice that they want to end the tenancy and wants you to move. That notice is called a demand for possession.
Your landlord must serve the demand by one of these methods:
Giving it to you personally
Delivering it to the mobile home and leaving it with a member of your family or household who understands that it must be given to you
Sending it to your last known address by first-class mail
If your landlord leaves the demand outside your door, slips it under your door, attaches it to the property, or mails it in a way that requires you to sign for it, the notice is not properly served.
How much notice you get depends on the reason your landlord wants to terminate your tenancy. Your landlord should usually give you the demand at least 30 days before filing an eviction case in court.
Right to a Meeting
You have the right to have a meeting with your landlord. You must request the meeting within 10 days of getting the demand. You must request the meeting in writing. You must send the request to your landlord by certified or registered mail.
The owner must schedule the meeting within 20 days of your request. You can have a lawyer come to the meeting with you.
If the problem is not resolved at the meeting, your landlord can file a complaint for eviction in court. The meeting does not stop or slow down the eviction or shorten the eviction process.
The Eviction Process
Eviction is the legal process of making a tenant move out of a rental home or lot you are renting for your mobile home. It’s illegal for your landlord to evict you without going to court and getting an eviction order first. If the eviction case goes to court and the judge issues a judgment saying your landlord has a right to recover the mobile home site, you have 10 days to move or sell your mobile home, or you will be evicted. You will not be able to live in that mobile home park any more.
Read the other articles about eviction in the I’m Being Evicted From a Mobile Home Park toolkit to learn what to expect if you’re being evicted.
Right to Sell or Move Your Home
If you are evicted from a mobile home park, you have the right to keep your mobile home in the park for 90 days after the eviction. During that time you can list your mobile home for sale. If your landlord won’t rent the lot to someone who’s made an offer to buy the mobile home, you might get more time to sell it.
You can also use the 90 days to try to find a new mobile home park or site to move your home to. If you do not move or sell your mobile home within the 90 days, your landlord can have it removed from the park.
You must keep paying lot rent to preserve your right to sell or move the home.
Vacating the Home
Within 10 days of the judgment, you must show your landlord proof that you’ve had the home winterized by a licensed mobile home installer and repairer. Your landlord can cancel utilities supplied by the mobile home park 10 days after the judgment, but you still have the right to reasonable access to the home so you can maintain and sell it.
Your mobile home should not be damaged by your landlord when you are evicted or after you move out.
If you leave the home in the park, your landlord does not become the owner of it. Your landlord can charge you for the storage of the home, but your landlord cannot rent it.