| What Are My Rights After A Judge Orders Me To Leave My Mobile Home Park |
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by: Virginia Poverty Law Center
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| Q. | How long do I have to remove my mobile home from the mobile home park if the judge says that I have to leave the park? |
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| A. | If you live in a park that is covered by the MHLRA, you have 90 days from the date the judge entered the court order telling you that you must leave the park, to either move your mobile home from the park or sell it. |
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| Q. | Can I stay in the mobile home during that 90 day period? |
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| A. | No, you must leave as of the date stated on the Writ of Possession served by the Sheriff, but the mobile home may stay. |
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| Q. | Are there any other conditions that I must meet in order to have my mobile home stay there? |
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| A. | Yes, you must pay all rent that was due at the time the judge entered the eviction order and you must also pay all monthly lot rent as it becomes due. You must also maintain the home lot during this period. |
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| Q. | What happens if I do not pay? |
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| A. | The company that financed your mobile home and has a lien on it will be sent a notice about this. That company will have a responsibility for the charges during the 90 day period but will likely take action to repossess the home if you do not pay. Also, the mobile home park will have a lien on the mobile home for the rental payments that are not made during the 90 day period. That lien will be second to the rights of your lender. |
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| Q. | Can the park owner stop me from trying to sell the mobile home? |
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| A. | The park owner cannot unreasonably stop you from putting a for sale sign on the home but may have rules about the size and type of sign allowed and where it is placed. |
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| Q. | What do I have to do if I find a possible buyer for the home? |
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| A. | You will have to give written notice to the landlord with the name of the possible buyer if that buyer wants to leave the mobile home on that lot and rent the lot. The buyer will have to meet the regular qualifications that the park has for all tenants who wish to rent there, such as financial ability to pay the lot rent. The landlord may require that certain repairs be made to the home if those are repairs that the landlord would require of any tenant in that mobile home park. The park owner cannot refuse to allow the sale and continued rental of the lot just because the mobile home is old. The park owners also cannot refuse to rent to the potential buyer due to the buyer?s race, color, religion, national origin, familial status, elderliness, handicap or sex. |
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| Q. | Can the park owner charge me or my buyer an exit fee if the home is moved out of the park? |
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| A. | No. However, if anything belonging to the park is damaged during the move, there could be charges for that. |
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| Q. | What if I just abandon the mobile home? |
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| A. | If the mobile home has a lien and security interest on it, the landlord should send notice of the abandonment and what is or will be owed in rent and other charges to the lender and to you. The lender will have a certain amount of time to remove the home and/or dispose of the home according to law.
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