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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 or not. 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.

    Read the other articles in the I’m Being Evicted From a Mobile Home Park toolkit for an overview of the eviction process.

    Eviction is a serious matter. You may want to have a lawyer represent in your eviction case. To find information about attorneys in your area look under the Find a Lawyer section of this page.

    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 simply because your lease is ending. However, your landlord can increase your rent at the end of the lease, as long as the rent increase is not excessive and meant to terminate your tenancy.

    Your landlord may have just cause to evict you if you have done any of the following:

    • Paid your rent late three or more times in any 12-month period. To evict you for this your landlord must have sent you a demand for possession each of those three times that you were late paying your rent.

    • Used the mobile home for something illegal.

    • Violated your lease or rental agreement.

    • 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 his or her 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.

    • Violated the Michigan Department of Public Health’s rules governing mobile homes.

    • Intentionally injured mobile home park personnel or other tenants.

    • Intentionally damaged the mobile home park or another tenant's property.

    • Violated local or state laws related to mobile homes.

    • 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 he or she wants to terminate 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. It’s illegal for your landlord to evict you without going to court and getting an eviction order first. If you are evicted, you will have to sell or move your mobile home. 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.

    If the eviction case goes to court and the judgment says the owner has a right to recover the mobile home site, you have 10 days to move out of the mobile home or be 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, the owner or operator 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 legally rent it.

    Just Cause for Mobile Home Tenants

    The law is not clear about whether your landlord must have just cause to evict you if you rent your mobile home. If you rent your mobile home and you use just cause as a defense, the judge may decide it doesn’t apply. If that happens, you could lose your case.