35-12A-8
Section 35-12A-8 Sale of abandoned dwelling and personal property. (a) If the tenant does not
respond within the time provided by the manufactured dwelling community owner's notice, or
the tenant does not remove the manufactured dwelling or personal property within 45 days after
responding to the manufactured dwelling community owner or by any other date agreed to with
the manufactured dwelling community owner, whichever is later, the manufactured dwelling community
owner may sell the abandoned manufactured dwelling and personal property as provided in this
section. (b) With regard to the manufactured dwelling, prior to sale, the manufactured dwelling
community owner shall do all of the following: (1) Place a notice to be run once per week
for two consecutive weeks in a newspaper of general circulation in the county in which the
manufactured dwelling is located. The notice shall state all of the following: a. That the
manufactured dwelling is abandoned and will be sold in the manner...
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35-12A-14
Section 35-12A-14 Abandonment of dwelling by death of tenant. If the manufactured dwelling
or personal property is considered abandoned as a result of the death of the only tenant,
Sections 35-12A-1 to 35-12A-13, inclusive, and this section shall apply, except as follows:
(1) The provisions of this chapter regarding the rights and responsibilities of a tenant to
the abandoned manufactured dwelling and personal property shall apply to any personal representative
named in a will or appointed by a court to act for the deceased tenant or any person designated
in writing by the tenant to be contacted by the manufactured dwelling community owner in the
event of the tenant's death. (2) The notice required by Section 35-12A-3 shall be personally
delivered or sent by first class mail to any personal representative named in a will or appointed
by a court to act for the deceased tenant. (3) The notice described in Section 35-12A-5 shall
refer to any personal representative or designated person,...
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35-12A-6
Section 35-12A-6 Storage of dwelling and personal property of tenant. (a) After notifying the
tenant and lienholder as required by Sections 35-12A-3 and 35-12A-4, the manufactured dwelling
community owner shall do all of the following: (1) Store any abandoned manufactured dwelling
on the rented space. (2) Store all other abandoned personal property of the tenant, including
goods left inside a manufactured dwelling or left upon the rented space outside a manufactured
dwelling, in a place of safekeeping and exercise reasonable care for the personal property.
For purposes of this chapter, "personal property" does not include a manufactured
dwelling. (b) The manufactured dwelling community owner shall be entitled to reasonable or
actual storage charges and costs incidental to storage or disposal, including any cost of
removal to a place of storage occurring after the expiration of the date by which a tenant,
lienholder, or owner is to contact the manufactured dwelling community owner as...
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35-12A-5
Section 35-12A-5 Contents of notice. The notice required by Sections 35-12A-3 and 35-12A-4
shall state all of the following: (1) The manufactured dwelling, with a reasonably certain
description of the dwelling, is left upon the premises and is considered abandoned and the
tenant is indebted to the manufactured dwelling community owner for rental fees. (2) The tenant
or lienholder shall contact the manufactured dwelling community owner within 30 days of receipt
of the notice, as provided in Section 35-12A-6, to arrange for the removal of the abandoned
manufactured dwelling. (3) The manufactured dwelling is stored on the rented space and applicable
storage fees are being assessed. (4) The tenant or any lienholder may arrange for removal
of the manufactured dwelling by contacting the manufactured dwelling community owner at a
described telephone number or address on or before the specified date provided in the notice.
(5) The manufactured dwelling community owner shall make the...
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35-12A-11
Section 35-12A-11 Disposition of proceeds of sale. (a) The manufactured dwelling community
owner may deduct from the proceeds of the sale any of the following: (1) The reasonable or
actual cost of notice, storage, and sale as provided in this chapter. (2) Unpaid rental fees,
but only to the extent that the manufactured dwelling community owner's lien has priority
over the lien of any applicable lienholder. (3) Reasonable attorneys' fees and costs. (b)
After deducting the amounts listed in subsection (a), the manufactured dwelling community
owner shall remit to the county tax collecting official any property taxes and/or other fees
due and shall then remit the remaining proceeds, if any, to the lienholders, if any, to the
extent of any unpaid balance owed on any liens on the manufactured dwelling. (c) After deducting
the amounts listed in subsections (a) and (b), as applicable, the manufactured dwelling community
owner shall remit to the tenant or owner the remaining proceeds, if any,...
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35-12A-13
Section 35-12A-13 Rights and obligations of lienholders. If a lienholder makes a timely response
to a notice of abandoned manufactured dwelling, as provided for in Section 35-12A-4, and so
requests, a manufactured dwelling community owner shall not sell the manufactured dwelling
for a period of 12 months. During this period, or until the manufactured dwelling is removed
from the manufactured dwelling community owner's premises, the lienholder must make timely
periodic payments of all reasonable and actual storage or rental fees which accrue after the
expiration of the 30-day notice period and which shall be no greater than the monthly space
rent last payable by the tenant. The lienholder shall have the right to remove or sell the
manufactured dwelling, pursuant to the provisions of any agreement with the owner of the dwelling
or as otherwise allowed by law. The manufactured dwelling community owner may condition approval
for occupancy of any purchaser of the manufactured dwelling upon...
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35-12A-3
Section 35-12A-3 Notice to tenant. Prior to selling the tenant's manufactured dwelling pursuant
to this chapter, the manufactured dwelling community owner shall provide a written notice
to the tenant by one of the following methods: (1) Personal delivery to the tenant of the
manufactured dwelling. (2) Certified mail addressed and mailed to the tenant at the last known
mailing address known to the manufactured dwelling community owner. (3) Affixing a notice
on the doors of the dwelling. (Act 2003-516, 2nd Sp. Sess., p. 1537, §1; Act 2014-167, p.
475, §1.)...
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35-12A-1
Section 35-12A-1 Definitions. (1) ABANDONED MANUFACTURED DWELLING. A manufactured dwelling
that satisfies either of the following circumstances: a. A tenant is absent from the premises
of the manufactured dwelling following expiration of 30 days after default, termination, or
expiration of the lease agreement. b. A tenant is absent from the premises of the manufactured
dwelling continuously for 30 days after service of a court order requiring the tenant to vacate
the premises due to failure of the tenant to perform obligations of the lease. (2) MANUFACTURED
DWELLING COMMUNITY OWNER. Any individual or business entity that, for consideration, allows
another individual to place a residential trailer, mobile home, or manufactured dwelling on
land owned or leased by that individual or business entity. (3) MANUFACTURED DWELLING. A residential
trailer, mobile home, or manufactured home. (4) RENTAL FEE. The actual rent charged to the
tenant including utilities, maintenance charges, and any...
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35-12A-7
Section 35-12A-7 Intent by tenant to remove dwelling from premises. If a tenant, responds by
written notice to the manufactured dwelling community owner on or before the specified date
in the manufactured dwelling community owner's notice that the tenant intends to remove the
manufactured dwelling from the premises, the manufactured dwelling community owner must make
the manufactured dwelling available for removal by appointment at reasonable times during
the next 45 days, provided that the tenant has paid all applicable charges and costs as provided
herein. If the manufactured dwelling is not removed, the manufactured community dwelling owner
may proceed with the sale of the manufactured dwelling pursuant to Section 35-12A-8. (Act
2003-516, 2nd Sp. Sess., p. 1537, §1; Act 2014-167, p. 475, §1.)...
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35-12A-12
Section 35-12A-12 Liability under chapter. Compliance in good faith with this chapter by the
manufactured dwelling community owner shall constitute a complete defense in any action brought
by a tenant or lienholder against a manufactured dwelling community owner for loss or damage
to such manufactured dwelling or personal property, as applicable, sold pursuant to this chapter.
(Act 2003-516, 2nd Sp. Sess., p. 1537, §1; Act 2014-167, p. 475, §1.)...
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