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The Abandoned Manufactured Home Title Application Packet provides a detailed list of the documents required to be submitted with the application. Prior to submitting each application, verify that all required information is included. (NRS 118B.177.) The landlord must also pay fees for inspection, deposits for connecting utilities, and costs of taking down, moving, setting up and leveling the mobile home and appurtenances in new park. A landlord must reduce the tenant's rent if the landlord eliminates any service, utility, or amenity, in proportion to the cost of the service. (NRS 118B.153.) The landlord cannot increase rent to recover the lost revenue. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness.
But unlike renters who are being evicted, an owner of a manufactured home facing eviction must either sell the home or move it to another site. In Indiana, a landlord-tenant relationship exists whenever one party exchanges money for the habitation of property. According to Indiana Law, this relationship carries with it certain responsibilities and rights.
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Your landlord can start an eviction case if he or she has decided to close your mobile home park and change the land to a different use. The landlord must give you a written notice at least 365 days before the park is to close, and must pay you between $6,000 and $10,000, depending on the size of your home, regardless of whether you are able to move the home out of the park. The landlord cannot charge you to dispose of a home you abandon in the park due to the closure, nor can the landlord raise your rent during the closure period. The landlord's notice must also inform you about a refundable $5,000 tax credit from the state of Oregon, which may be available when you file your next state tax return. Your landlord can terminate your lease if you fail to pay a late fee for late rental payments, but the landlord may only charge a late fee if it is agreed upon in the lease.
However, the time period is only 30 days if the condition of the home is dangerous to neighboring homes or people. As long as the state of disrepair doesn’t create a danger for neighboring homes or people, the tenant can get an extension of time if the needed repair can’t reasonably be made in the time allowed. On this page you will find information about mobile home park evictions and some of the rights and duties of mobile home park landlords and tenants. To protect tenants, many states have adopted laws clarifying the rights and responsibilities of both landlord and tenant. If you own a mobile home, then before entering into a lease, it's important that you check the mobile home laws in your area, or get help from an attorney experienced in real estate law. Park tenants should be aware that there are some limited circumstances that exempt a mobile home park tenant from local rent control protection.
What are my rights as a mobile home owner?: I’m experiencing housing discrimination
Also common, though, is a situation in which the landlord owns both the mobile home and the land. In some states, like Oregon, the law treats this type of mobile home lease the same as when you rent an apartment. Indiana landlords found guilty of discrimination in housing may be liable for damages. Comply with all rules and regulations in the rental agreement. It is important to realize that changes may occur in this area of law.
These homes were smaller than the type of home you might own today, and they truly were mobile. Many of them had wheels attached and could be easily moved around. The term is still used in common parlance today, but when it comes to advocating for your rights, make sure you know how your home is classified. Regardless of the reason for your eviction notice, you can only be removed from your home by a sheriff with a court order. Applications for an ATRE of a manufactured home are processed by the BMV Central Office. The Affidavit of Transfer to Real Estate Manufactured Home Application Packet provides a detailed list of the documents required to be submitted with the application.
Protecting Yourself as a Mobile Home Landlord or Tenant
What this normally means is that the landlord must keep the mobile park space , in a safe, livable condition. The lease should provide a description of the space being rented. If a mobile home is being rented as well as land, the lease should include an exact description of the mobile home itself.
Failure to comply with a reasonable park rule included in the rental agreement. In these incidences, the park manager must specify which rule was broken and give the resident seven days to correct the violation. If the resident violates a rule more than twice in a twelve-month period, the park may proceed with eviction whether or not the resident corrected the violation. If the owner cannot afford to move it, the only good option may be to sell it. But during the coronavirus pandemic, at least, the market for manufactured homes in many parts of the country hasdried up. If owners cannot find buyers, they have little recourse but to sell at fire-sale rates or just leave the home in the park.
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.
If, however, you have missed payment of the same type of fee multiple times within the past six months, your landlord only needs to give you 20 days’ notice before terminating the lease. You have the right to appear in court to defend yourself from an eviction. You may try to show that you paid the fee within the 30 day period, that your landlord did not follow proper procedure, or that you were not issued a warning if you were entitled one in order to defend against the eviction. In most cases, a landlord must wait until at least the eighth day after the rent was due. Then, the landlord can give you a 72-hour written notice stating that you need to pay the rent or be evicted.
The “landlord” has a number of responsibilities when it comes to maintaining living standards in the mobile home community. While regulations will vary depending on where you live, the following standards must be met no matter where you live. Whether you’re a first time home owner or have lived in your mobile home for years, you may be wondering, “what are my rights as a mobile home owner? ” We’ve compiled some important information about what it means to be a mobile home owner and tips on what to do when your rights as a mobile home owner are violated. Upon fulfilling the statutory obligations, the landowner/mobile home community may complete theAffidavit of Sale or Disposal – Abandoned Manufactured Home -State Form to assign ownership to a purchaser without a certificate of title.
This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney. Call your county treasurer and make sure taxes are current. If not, let them know you have a legal interest in the property .
Communication through the website does not create an attorney-client relationship or a duty of confidentiality. All text and images on this site are protected by U.S. and international copyright laws. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Authorized Agents – Landlords must provide names and addresses of all parties involved in owning or managing the property.
IDOH’s Environmental Public Health Division inspects and licenses mobile home communities and reviews and approves plans for the construction or alteration of such communities. The Environmental Public Health Division seeks to ensure safe facilities, proper water supply, and proper sewage disposal. Currently, there are 1,112 mobile home communities in Indiana. Each of these facilities is inspected by one of 10 field staff. Licenses to operate a mobile home community are for a period of four years. If a mobile home owner is renting the mobile home to a tenant , then the "summary" eviction forms available on the Self-Help Center website can be used.
Working With A Lawyer
Prior to submitting each application, verify all required information is included. To apply for your manufactured home title, please visit any Indiana BMV license branch. Download the required documents checklist above to ensure you have all required documents. Different justice courts may have different filing requirements, so be sure to familiarize yourself with your court's procedures. The Las Vegas Justice Court, for instance, requires all documents to be filed electronically, so anyone filing in that court needs an e-mail address to set up an electronic filing account.
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