What is a mobile home eviction? Can my mobile home be evicted?
Mobile home eviction is a legal process of removing a tenant from a mobile home that they have been renting but are no longer entitled to occupy. Evictions can occur for various reasons, including failure to pay rent, violation of the terms of the lease agreement, or expiration of the lease term.
The process for mobile home eviction in Pennsylvania generally follows the same steps as a standard eviction for a rental property. The landlord must first provide the tenant with notice of the eviction and an opportunity to address any issues or violations that may be the cause for the eviction. If the issues are not resolved, the landlord can file a complaint with the court to begin the formal eviction process.
Once the court approves the eviction, a sheriff or constable may be authorized to physically remove the tenant and any personal property from the mobile home. It is important to note that mobile home eviction proceedings can be complex, and there may be specific requirements that landlords must follow under Pennsylvania law.
If you are a tenant facing an eviction or a landlord seeking to evict a tenant from a mobile home, it may be helpful to consult with a real estate attorney or housing specialist who can provide guidance on the legal process and help protect your rights.
Can I sell evicted mobile home in PA?
Yes, you can sell an evicted mobile home in Pennsylvania, but there may be some legal requirements and limitations that you need to be aware of.
Firstly, if the mobile home was subject to a lien or mortgage, you may need to satisfy any outstanding debts or obligations before you can sell it. Additionally, you may need to obtain a title or transfer of ownership from the previous owner or the state of Pennsylvania’s Department of Transportation.
In some cases, a mobile home may have been classified as personal property, which means that you would need to transfer ownership through a bill of sale rather than a deed. If the mobile home is attached to a piece of real estate, then it may be considered part of the property and would need to be sold along with the land.
It’s also important to note that Pennsylvania has laws governing the sale of mobile homes, including requirements for disclosures and the use of sales contracts. You may want to consult with a real estate attorney or mobile home specialist to ensure that you comply with all applicable laws and regulations.
In summary, while you can sell an evicted mobile home in Pennsylvania, it’s important to ensure that you comply with all legal requirements and procedures.
Sell Your Mobile or Manufactured Home On Your Terms
List of Documentation needed to sell a mobile home in eviction in PA:
- Mobile Home Title or Certificate of Ownership – This document provides proof of ownership of the mobile home and is necessary for transferring ownership to the buyer.
- Bill of Sale – This document outlines the terms of the sale, including the purchase price and any conditions of the sale.
- Notice of Eviction – If the mobile home was subject to an eviction, you may need to provide documentation of the eviction proceedings, including any court orders or notices.
- Lien Release – If the mobile home was subject to a lien or mortgage, you will need to provide documentation that the lien or mortgage has been satisfied or released.
- Disclosure Statements – Depending on the age and condition of the mobile home, you may be required to provide disclosure statements related to lead-based paint, asbestos, or other hazardous materials.
- Mobile Home Park Rules and Regulations – If the mobile home is located in a park, you may need to provide documentation of any park rules and regulations that the buyer will need to follow.
It’s important to note that the specific documents required for selling an evicted mobile home in Pennsylvania may vary depending on the circumstances of the sale and any applicable laws or regulations. You may want to consult with a real estate attorney or mobile home specialist to ensure that you have all the necessary documentation for a smooth and legal sale.
Manufactured Home Community Rights
The Manufactured Home Community Rights Act (MHCRA) has been implemented in Pennsylvania to safeguard individuals and families who both own their manufactured home and rent space for it in a manufactured home community. A manufactured home community is a location where three or more manufactured homes used for residential purposes are situated or planned to be located. The owner of the community must display a copy of the MHCRA in a readily accessible location within the community.
As per the MHCRA, a manufactured home resident can only be evicted for nonpayment of rent, a second or subsequent violation of community rules within six months, a change in the use of the community land, or termination of the community. The MHCRA prescribes specific rules that manufactured home community owners must follow to legally evict a resident. Any required notices must be in writing and sent via certified or registered mail.
For nonpayment of rent, the notice must state that an eviction proceeding may be initiated if the overdue rent is not paid within 20 or 30 days, depending on the time of the year. If the rent remains unpaid or is not paid on time again within six months, the manufactured home community owner can begin the eviction process immediately. For other violations, a warning notice must be sent, and if a lease provision or community rule is violated within six months of the warning, the owner can commence an eviction proceeding.
The owner may also have to serve an eviction notice under the Landlord and Tenant Act of 1951, which must be served by personal service or by leaving or posting the notice at the residence. The notice period ranges from 15 days to three months, depending on the circumstances. If the eviction procedure is not followed precisely, the eviction case can be dismissed at the hearing.
COMMUNITY RULES AND REGULATIONS
The owner of the manufactured home community may create reasonable community rules and regulations, which the resident must follow. The owner must provide copies of any community rules and regulations to the resident and post them in a readily accessible location. Even if there are no written rules and regulations, the resident must be given a copy of the notice under the heading “IMPORTANT NOTICE” found in the brochure when moving into the community. The MHCRA prevents eviction for breaking a community rule that is not enforced equally among all residents.
WARRANTY OF HABITABILITY FOR SERVICES PROVIDED BY MANUFACTURED HOME COMMUNITY OWNERS
If a manufactured home community owner provides residents with water, sewer, utilities, or services such as access roads, they are responsible for maintaining them in accordance with state and local regulations, as determined by the Pennsylvania Supreme Court. Failure to do so grants residents the right to withhold lot rent until the problem is fixed, to make repairs and deduct their cost from future lot rent, or to move from the community with no further obligation to pay lot rent.
The MHCRA grants the manufactured home community owner the right to require residents to use a certain type of material or installation method for items such as underskirting, awnings, porches, fences, and tie-down equipment, but not to require the purchase of such items from a particular supplier.
At the time of moving into the community, the manufactured home community owner must provide written notice of the amount of rent, fees, service charges, and assessments for which the resident will be responsible. Failure to disclose this information in writing could be raised as a defense to a claim for rent during a Magisterial District Judge hearing.
Rent, service charges, and other fees may be increased by the manufactured home community owner, but the increase cannot be enforced in court until 30 days after the notice of the increase is posted in the community and mailed to the resident. Rent cannot be increased during the term of a lease.
If the manufactured home community owner is not moving the home, no fee can be charged for the move. If they are moving the home, the fee charged cannot exceed the cost of moving. Additionally, if the owner attempts to evict the resident within a year from the date the manufactured home space was rented, the fee paid to install the home in the community must be refunded unless the eviction is for nonpayment of rent or for a violation of a community rule. If the fee is not refunded when the home is removed, the manufactured home community owner must pay the resident three times the fee amount plus any court costs and reasonable attorney’s fees.
Residents have the right to install and service electric or gas appliances in their manufactured home, and the manufactured home community owner cannot charge a fee for the installation unless they are performing the work themselves. If the owner installs the appliance, they can only charge the cost of installation or the actual cost for the use of the appliance.
Residents have the right to make interior improvements to their manufactured home without interference from the manufactured home community owner, as long as they comply with applicable building codes and laws. It is recommended to contact the local government body responsible for enforcing these codes and laws before beginning any improvements.
You can invite social or business visitors to your manufactured home without paying any fee. Even if they stay overnight or for a longer period, you don’t have to pay anything. However, if your guest stays for such a long time or so frequently that they practically become an additional resident, the manufactured home community owner can increase the rent charged to an amount usually charged to other units having the same number of residents.
Sale of the mobile home by the resident:
You have the right to sell your manufactured home, and the owner of the manufactured home community cannot prevent you from doing so. Even if there is a community rule or lease provision that attempts to restrict your right to sell, the manufactured home community owner cannot enforce it in court. However, the manufactured home community owner has the right to disapprove the purchaser as a resident of that community if there is a good reason to do so. The MHCRA does not provide a specific definition of what can be considered a good reason. Any disagreement regarding this would be for a court to decide.
Enforcement of the rights given by the Mobile Home Park Rights Act:
If the manufactured home community owner violates the Mobile Home Park Rights Act, you have the right to take legal action in court. The Attorney General of Pennsylvania or the District Attorney of the county in which you reside also have the right to go to court on your behalf if the Act is violated, and they feel that going to court would be in the public’s interest. You can report any suspected violation of the MHCRA to Consumer Protection at 814-871-4371 in Erie County or at 1-800-441-2555 outside Erie County or to the District Attorney of the county in which you reside.
All rights and responsibilities given to you as a resident, as well as those given to the manufactured home community owner, by the MHCRA are binding and cannot be changed by any lease or community rule.
The MHCRA requires that the following information be provided to each resident in writing upon entering into a lease. (A manufactured home community owner may include other reasonable rules and regulations with this required notice.) The following is the minimum notice you must receive:
IMPORTANT NOTICE REQUIRED BY LAW
The rules listed below govern the terms of your lease or occupancy agreement with this manufactured home community. The law requires all of these rules to be fair and reasonable.
As a lessee, you can stay in this community as long as you pay your rent and other reasonable fees, service charges, and assessments, as set forth and abide by the community’s rules. The community cannot charge entrance and exit fees or installation and removal fees in excess of the actual cost to the manufactured home community owner or operator for providing such services for the installation or removal of a manufactured home in a manufactured home space.
As a lessee, you can be evicted for any of the following reasons:
- Nonpayment of rent.
- A second or subsequent violation of the community’s rules occurring within a six-month period.
- If there is a change in use of the community land or parts thereof.
- Termination of manufactured home community.
As a lessee, you can only be evicted according to the following procedure:
- A lessee cannot be evicted by any self-help measure.
- Prior to the commencement of any eviction proceeding, the manufactured home community owner shall notify the lessee in writing of the particular breach or violation of the lease or community rules by certified or registered mail.
a. In the case of nonpayment of rent, the notice shall state that an eviction proceeding may be commenced if the manufactured home lessee does not pay the overdue rent within 20 days from the date of service if the notice is given.
*Although we made every effort to ensure the accuracy of the information in this pamphlet at the time of its creation or revision, it’s important to note that laws can change rapidly and unexpectedly. Therefore, we strongly recommend that you consult an attorney before taking any action or refraining from any action based on the information provided in this pamphlet.