State of Minnesota
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Attorney General
Lori Swanson

Minnesota Attorney General's Office

1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101

(651) 296-3353
(800) 657-3787

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Actions For Which a Resident May Be Evicted

There are eight reasons a resident can be evicted from a manufactured home park. (153) Minnesota law allows a park to ask a resident to move for the following reasons:

  1. A resident is late paying rent or utility charges owed to the park.
    The park has to give the resident, and anyone the park knows has a mortgage on the resident's home, a written notice ten days before taking action. (154) Either the resident or the mortgage-holder must pay the amount due within the ten days, or the park can ask the resident to move. (155)
  2. A resident fails to comply with a law or government rule relating to manufactured home parks.
    The park must write to the resident and explain what the resident is doing wrong. (156) The resident must then begin obeying the law or regulation within the time allowed or within a reasonable amount of time. (157)
  3. A resident breaks the terms of the lease or the park's rules.
    The park must provide a resident with written notice of the problem which specifies the date, time and nature of the alleged rule violation. (158)
    The resident must comply with the lease or rules within 30 days after receiving the written notice. (159) This 30-day timeframe does not apply to nonpayment of rent. (160) Nonpayment of rent requires compliance within 10 days after the resident receives written notice. (161)
  4. A resident repeatedly breaks important terms of the lease or park rules, or repeatedly breaks laws or governmental rules relating to manufactured home parks.
    The park has to give a resident written notice of the violations and a written warning that any future violation could result in eviction. (162) If the resident commits a violation within six months of receiving the notice, the park can ask the resident to move immediately. (163)
    For example, if a resident breaks important park rules, gets a 30-day warning, obeys the rules for 30 days, breaks the rules again, and gets another warning, then the park may give the resident written notice that future violations will be cause for eviction. If the resident then commits another serious violation within six months, the park can ask the resident to move. (164)
  5. A resident does something in the manufactured home park that endangers other residents or park personnel, seriously damages park property, or substantially annoys other residents.
    The park can give a resident written notice and ask the resident to move within 30 days. (165) The notice must state the time, date and nature of the annoyance, damage or endangerment. (166) The park may ask a resident to move immediately if the resident again endangers or substantially annoys people or seriously damages park property after the resident has received the 30-day notice. (167) The park owner does not need to produce evidence of a criminal conviction to evict a resident. (168)
  6. All or part of the manufactured home park is going to close.
    The owner must give residents nine months advance notice before the park will close. (169) The park owner has additional responsibilities to residents when closing a park. (170) If part of the park will remain open, a resident has the right to move within the park, providing a lot is available and the home fits the size and zoning of the lot. (171)
    If the park is converting to a condominium, residents have additional rights under Minnesota law. (172) The nine-month advance notice must tell residents the park is closing to convert to a condominium. (173) Additionally, 120 days before the end of the nine months, the park owner must serve residents with a purchase agreement for the sale of a condominium. (174) Condominium sales are governed by Minnesota Statute § 515A.4-110(b) (1998). (175)
  7. The park owner is making improvements to the park that will substantially benefit the health and safety of the residents and it is necessary to remove a resident's home to complete the work.
    The park must give residents who will be affected written notice 90 days before work will begin. This notice must explain how the improvements will benefit the residents. (176) Residents have the right to move within the park, if the homes fit the size and zoning of the available lots. (177)
  8. A resident gives false information in the lease application.
    The park can ask a resident to move immediately if the resident has given false information in the lease application. However, a park may only evict residents for this reason if the park acts within one year of the date the resident started to pay rent. (178)
  9. If the park asks a resident to move, but the resident feels he or she has a legal right to stay, the resident can refuse to move. (179) In order to evict a resident the park must go to court. (180) If the court decides in favor of the park, the court will order the resident to move. (181)

Defenses to Eviction

There are four defenses a resident can use to respond to a park owner's eviction action. (182) These include:

  • A resident being evicted for nonpayment of rent has a defense if the money owed is being charged illegally by the park owner. (183)
  • A resident being evicted for nonpayment of rent has a defense if a park owner did not give proper notice of a rent increase, or increased the rent more than two times in 12 months. (184)
  • A resident being evicted due to a rule violation has a defense if the rule is unreasonable. (185)
  • A resident being evicted because the landlord is retaliating may use the landlord's retaliation as a defense. (186)

Right to Redemption

A resident has a right to redemption up to two times each year. (187) This means a resident evicted for nonpayment of rent may stay in the park if the resident pays all money owed to the park, including rent and attorney's fees. (188) A park owner who has given proper eviction notice does not waive the notice by accepting rent. (189)

Eviction Proceedings

To evict a resident, a park owner or a court must issue a "Writ of Restitution," or a "Conditional Writ." (190) These writs provide different timelines for eviction:

  • Under a Writ of Restitution a resident must be allowed a reasonable period of time (up to seven days) to arrange to remove the resident's home from the lot. (191)
  • Under a Conditional Writ a resident must be allowed to reside in the park for a reasonable period (up to seven days). However, the resident's home is allowed to remain on the lot for 60 days to allow for an in-park sale of the home. (192)

Parks Cannot Retaliate

A park owner cannot retaliate against a resident for making a good faith effort to exercise the resident's rights. (193) The park cannot increase rent, decrease services, change the rental agreement, evict the resident, or threaten to do any of these things simply because a resident has:

  • complained in good faith to the park owner or to a government agency or official. (194)
  • attempted in good faith to exercise rights under the lease, park rules or any law or government rule. (195)
  • participated in the activities of a resident association. (196) Resident associations are organized for the purpose of resolving matters relating to living conditions in the park. (197)

If the park tries to evict a resident within 90 days after the resident has taken any of these actions, the park has to prove in court that the eviction was not retaliatory. Even after 90 days have passed, if the resident can show evidence that the reason for the eviction is retaliation, the burden is on the park to prove otherwise. (198)

In-Park Sale of a Manufactured Home

An in-park sale occurs when a resident sells the resident's home to a buyer who wants the home to remain in the same park. (199) A resident has the right to sell the home within the park regardless of the home's age.

The park cannot:

  • charge more than a $25 application processing fee when a resident wants to sell a home within the park. (200)
  • require a resident to sell the home to the park. (201)
  • require a resident to use the park as a listing or selling agent. (202) If a park owner is licensed as a dealer, a park owner may agree in writing to broker the in-park sale of a resident's home. (203)

The park can:

  • charge up to $25 for processing a prospective buyer's application to become a resident. (204)
  • allow a home to remain vacant for 90 days or longer as specified by park rules. (205)
  • require rent to be paid on time and the lot to be properly maintained. (206)
  • approve a buyer as a resident. (207)

When selling a home through a broker, the broker must be a licensed manufactured home dealer or a licensed real estate broker. (208) A resident can sell the home they own and live in. No person may sell a manufactured home made after July 1, 1972, unless the home complies with the manufactured home building code. (209)

If a home or lot does not meet existing park rules, the park can require the owner to follow the rules before the park approves the sale of the home. (210) However, the park cannot, as a condition of sale, impose a new rule that requires major or expensive changes unless a part of the home or shed is so dilapidated that total replacement is necessary. (211)

Park's Approval of A Buyer For Residency

The park has the right to approve a buyer as a resident. (212) The seller must tell the prospective buyer, in writing, that the sale is subject to final approval by the park. (213)

When the prospective buyer seeks to become a resident, the park owner may require the prospective buyer to submit certain information. (214) The required information may include:

  • the purchase price of the home. (215)
  • the amount of monthly payments on the home. (216)
  • any relevant documentation necessary to verify the information. (217)
  • the creditworthiness of the prospective buyer. (218)
  • The park must comply with the following when processing a buyer's application:
    • The park must explain, in writing, its decision-making process for approving or rejecting new residents. (219)
    • The park must make copies of this explanation available without charge and include a copy with rental applications. (220)
    • The written policies for approving or rejecting residents must be reasonable and apply uniformly to all applicants. (221)
    • If the park owner requires a personal interview, the park owner must be available for interviews at reasonable times. (222)
    • The park must make a decision within 14 days after receiving the buyer's completed application. If a delay occurs, the park must give the seller and the buyer a written explanation and make a decision as soon as possible. (223)
    • The park cannot be any stricter in approving a prospective buyer than it is in approving other prospective residents. (224)
    • If the park denies a buyer's application, the denial must be reasonable. (225) The park owner cannot deny residency to a prospective buyer for any reason prohibited by federal, state or local law. (226)
    • &If a buyer gives the park a written request for an explanation of the park's decision, the park must provide it within three days. (227)

Safety Disclosure and Repairs

To sell a manufactured home within the park, the seller must fill out a Safety Feature Disclosure Form (See Appendix Form 2) and give it to prospective buyers. (228) A park owner must provide a resident with a copy of this form upon request. (229)

As this Safety Feature Disclosure Form indicates, Minnesota law requires anyone who buys a manufactured home through an in-park sale to make certain repairs: (230)

  • Within 30 days of purchasing the home, the buyer must install smoke detectors and fire extinguishers as required by the Minnesota State Health Department and State Building Code. (231)
  • Proper exit windows that meet the standards of the American National Standard Institute, 1972 Standard A119.1, must be installed in the home within one year of the sale. (232)
  • Aluminum electrical wiring must conform with the Consumer Product Safety Commission's recommendations; Gypsum board lining or similar fire-resistant material must be installed in the furnace enclosure and hot water heater compartment; any wood stove or fireplace must be properly installed; and blocking supports must be provided if old supports do not meet state and federal standards. These repairs must be done within three years of buying the home. (233)

Before beginning work, home owners should find out what local or state building codes apply and be sure to obtain the proper permits before installing safety features.

Following installation of the necessary safety features, and before approval of an in-park sale, the buyer must have the home inspected by a building inspector. (234) The inspector will make sure the home complies with maintenance standards. (235) The resident must get a certificate of inspection from the inspector and give the certificate to the park owner. The inspector may charge up to $50 for the inspection. (236) The park owner may not charge a fee for this inspection. (237) The park owner may require a resident or prospective buyer to take action necessary to bring the lot or home into compliance. (238)

The park owner may require a prospective buyer to agree to rules different from those that applied to the resident who is selling the home. (239) However, the park owner cannot enforce any rule adopted or amended after the resident entered into the rental agreement that would:

  • significantly increase the difficulty or time involved in selling the home. (240)
  • significantly decrease the price at which the home can be sold. (241)
  • involve any other significant cost for either the resident or buyer, except the cost to bring the home into compliance with preexisting maintenance rules.

(242) However, if a home, shed, or other structure has become so dilapidated that repair is impractical and total replacement is necessary, the park may require replacement. (243)

Buyers who do not comply with these requirements are in violation of park rules. (244)

Rights of Repossessing Parties

A manufactured home can be repossessed under two circumstances:

  • if a resident defaults on a security agreement that holds the manufactured home as collateral. (245)
  • if a resident defaults on the security agreement for the manufactured home itself. (246)
  • The party repossessing the home has the right to sell the home through an in-park sale if the following conditions are met:
    • After repossessing the home the secured party must notify the park owner that the home has been repossessed. (247)
    • The park owner must receive this notice before the park owner has begun eviction proceedings. (248)
    • The secured party must pay up to three months of the resident's past due rent. (249) This liability for past rent does not include late fees. (250)
    • The secured party must make monthly rent payments until the park owner approves a buyer for the repossessed home. (251)
    • The secured party must comply with all park rules relating to lot and home maintenance. (252)

A secured party offering a home for an in-park sale may be evicted for the same reasons a resident could be evicted. (253)

To repossess a home, the repossessor must bring the resident to court in the county where the home is located, rather than any county the repossessor might choose. (254)

Removal of a Home After Repossession

When a secured party repossesses a manufactured home and removes the home from the park, the secured party owes the park owner rent for the period beginning with repossession and ending on the last calendar day of the month the home is removed. (255) However, the secured party would not owe past due rent prior to the time the secured party accepted voluntary repossession or took action if: (256)

  • Within seven days after accepting repossession, the secured party notifies the park owner in writing that the home is being repossessed. (257)
  • The secured party pays each month's lot rent as it becomes due. (258)
  • The secured party removes the home from the park within seven days after repossessing it. (259)

If the secured party fails to meet any of these conditions, the secured party would owe the park owner up to three months of past due rent, excluding late fees or other charges. (260)

Park Closing

A park owner must follow certain steps before closing a park. (261) The park owner must provide a "closure statement" to the local panning agency and each resident nine months before the planned closing. (262) The "closure statement" says the park is closing, lists replacement housing within 25 miles of the park, and gives cost estimates for moving homes from the park.(263)

A public hearing will be held to review the closure

Notice of Sale

If a park owner is selling a manufactured home park and advertising it for sale through a publication, newspaper or Realtor, the park owner must, at the same time, give a written notice to all residents of the park. (277) If time is required to sell the park, the owner is only required to provide residents with written notice once each year. (278)

This section is designed to provide additional resources to manufactured home park owners, managers, residents and dealers. The following agencies provide varying services to those involved with manufactured home parks.

Next: More Information and Appendix