Minnesota Mobile Home Evictions

Minnesota Mobile Home Evictions

Minnesota Mobile Home Evictions

Minnesota Mobile Home Lot Rentals

Unless a Minnesota Manufactured Home (hereinafter, the “Home”), is situated on real property which is owned by the owner of the Home (hereinafter, the “Resident”), the Resident must rent land from a Minnesota Manufactured Home park (hereinafter, the “Park”) on which to locate the Home.

Because Homes are not easily relocated once they have been situated on real property, opportunities could arise for exploitation of the Owner-Resident by the Park Owner.

Therefore, a number of statutes have been adopted for the purpose of protecting the Owner-Resident of a Home from oppressive conduct by the Park Owner.

Minnesota Mobile Home Evictions – Termination of Lease

A lease with respect to a lot upon which a Home is located can only be terminated by the Park for certain specified statutory reasons, which include the following:

A. Nonpayment of Rent or Utilities

A Park Owner may terminate a lease for nonpayment of rent or utilities.

However, the Park Owner must give ten days’ written notice:

  • to the Resident, and
  • to any party holding a security interest in the resident’s Home who is known to the Park Owner,

that a periodic rental or utilities payment owed to the Park Owner is overdue, and neither:

  • the Resident, nor
  • the secured party,

cures the default within ten days of receiving the notice.

B. Minnesota Mobile Home Evictions – Violations of Law

A Park Owner may terminate a lease if the Resident fails to comply with a local ordinance, state law or a state rule relating to a Minnesota Manufactured Home:

  • within the time the ordinance, state law or state rule provides, or,
  • if no time is provided, within a reasonable time after the Resident has received written notice of noncompliance.

C. Minnesota Mobile Home Evictions – Violations of Park Rules

A Park Owner may terminate a lease if the Resident fails to comply with a Park Rule – other than for nonpayment of rent – within 30 days after receiving written notice of the alleged noncompliance.

However, to be effective, the notice must specify:

  • the date,
  • the approximate time, and
  • the nature of the alleged rule violation.

Loud noise created by residents, guests, or their equipment, is deemed to be a rule violation.

After written notice has been provided for two prior incidents, loud noise by Resident is also deemed to be a substantial annoyance.

D. Minnesota Mobile Home Evictions – Endangerment; Substantial Annoyance

A Park Owner may terminate a lease if the Resident’s actions in the Park:

  • endanger other residents or Park personnel,
  • cause substantial damage to the Park premises, or
  • substantially annoy other residents,

and the Resident has received 30 days’ written notice to vacate.

However, the Park Owner may require the Resident to vacate immediately if the Resident violates this provision a second or subsequent time after receipt of the notice.

To be effective, the notice must specify the time, date, and nature of the alleged annoyance, damage, or endangerment.

A Park Owner seeking to evict a Resident pursuant to this provision need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense.

E. Minnesota Mobile Home Evictions – Repeated Serious Violations.

A Park Owner may terminate a lease if the Resident has repeatedly committed serious violations of:

  • the rental agreement, or
  • provisions of a local ordinance or state law or state rule relating to a Minnesota Manufactured Home,

and the Park Owner has given the Resident:

  • written notice of the violations, and
  • a written warning that any future serious violation will be treated as cause for eviction,

and within six months of receiving the warning, the Resident commits a serious violation of any:

  • Park Rule, or
  • any provision of a local ordinance or state law or state rule relating to a Minnesota Manufactured Home.

F. Minnesota Mobile Home Evictions – Material Misstatements

A Park Owner may terminate a lease if:

  • the Resident’s application for tenancy contained a material misstatement which induced the Park Owner to approve the applicant as a Resident, and
  • the Park Owner discovers and acts upon the misstatement within one year of the date on which the Resident began paying rent.

G. Minnesota Mobile Home Evictions – Improvements

A Park Owner may terminate a lease if the Park Owner has specific plans to make improvements to the Park premises which will:

  • substantially benefit the health and safety of the residents, or
  • have been ordered by a government agency,

and which necessitate removal of the Resident’s Home from the Park.

However, the Park Owner must:

  • give the Resident 90 days’ prior written notice, and
  • include in that notice a statement identifying the manner in which the improvements will substantially benefit the health and safety of the residents.

If a vacant lot is available in the Park, the Park Owner must allow the Resident to relocate the Home to that lot unless the Home, because of its size, or local ordinance requirements, is not suitable for that lot.

Minnesota Mobile Home Evictions – Defenses to Eviction

A Park Resident may have available the following statutory defenses with respect to any attempt by a Park Owner to terminate the Resident’s lease within the Park:

Minnesota Mobile Home Evictions – Illegal Rent

In any action to recover possession of a lot for failure to pay rent, it shall be a defense:

  • that the sum allegedly due contains a charge which violatesS. section 327C.03 relating to special Park Fees, or
  • that the Park Owner has injured the Resident by failing to comply with M.S. Section 504B.161 – relating to the Park Owner’s statutory covenant to maintain the premises in a certain condition.

Minnesota Mobile Home Evictions – Illegal Rent Increases

In any action to recover possession of a lot for failure to pay a rent increase, it shall be a defense that the Park Owner:

(a)        failed to comply with the provisions of M.S. section 327C.06, subdivision 1 or 3 regarding the prerequisites for rental increases; or

(b)       increased the rent in ordered to pay, in whole or in part, any civil or criminal penalty imposed on the Park Owner, by a court or a government agency.

Minnesota Mobile Home Evictions – Rule Violations

In any action to recover possession of a lot for the violation of a Park Rule, it shall be a defense that the rule allegedly violated is unreasonable.

Minnesota Mobile Home Evictions – Retaliatory Conduct

In any action to recover possession of a lot, it shall be a defense that the Park Owner has:

  • increased rent,
  • decreased services,
  • altered an existing rental agreement, or
  • sought to recover possession or threatened such action in whole or in part,

as a penalty for a Resident’s:

(a)        good faith complaint to the Park Owner or to a government agency or official;

(b)       good faith attempt to exercise rights or remedies granted pursuant to state or federal law; or

(c)        joining and participating in the activities of a Resident association which is organized for the purpose of resolving matters relating to living conditions in the manufactured home Park.

Minnesota Mobile Home Evictions – Burden of Proof

In any proceeding in which retaliatory conduct is alleged, the burden of proving otherwise shall be on the Park Owner if:

  • the Park owner’s challenged action began within 90 days after,
  • the Resident engaged in any of the activities identified in clause (a), (b), or (c) above.

ConclusionMinnesota Mobile Home Evictions

Please contact Minnesota Attorney Gary C. Dahle for assistance with:

  • Minnesota Mobile Home Lot Rentals,
  • the preparation of any Minnesota Manufactured Home resale purchase agreement or lease,
  • issues relating to seller financing of a Home resale, or
  • other title or security interest concerns.

Legal fees will be applicable – and advance payment may be required.

If you have an e-mail account, and a good Internet connection, Attorney Gary C. Dahle can assist you in any Minnesota County.

Copyright 2017 – All Rights Reserved.

Gary C. Dahle – Attorney at Law

2704 County Road 10, Mounds View, MN 55112

Phone:  763-780-8390  Fax: 763-780-1735

gary@dahlelaw.com

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. Minnesota Mobile Home laws involve many complex legal issues.

If you have a specific legal problem about which you are seeking advice, please consult with a Minnesota attorney at law.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, in the United States of America.

Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

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However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on http://www.dahlelaw.com, does not constitute legal advice, or the establishment of an attorney/client relationship.

Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

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