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It is also important to note that there is one common exception to age discrimination. There are many communities reserved for residents who are over the age of 55, and this is perfectly legal. If you or anyone in your household is under the age of 55, you may not be able to live in one of these communities. Applications for sale or disposal of an abandoned manufactured home are processed by the BMV Central Office.
Chapter 118B of the Nevada Revised Statutes contains a number of rights and duties relating to mobile home parks and mobile home park tenancies. Landlords and tenants can educate themselves about those rights and duties by reading Chapter 118B, which can be found on the Manufactured Housing Divisionwebsite or the Nevada Legislaturewebsite. On the other hand, a landlord cannot evict a tenant who makes a good faith complaint to a housing authority , for attending mobile home park tenant meetings, or because of the tenant’s race, gender, or family status. Our services include fighting landlord harassment, wrongful eviction, and habitability.
Mobile Homes and Property Taxes
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.
Your landlord can start an eviction case if you have not lived up to a condition of your rental agreement, such as by not maintaining your space. You can also be evicted for breaking a reasonable and fairly enforced rule of the mobile home park, or any other law or ordinance. In both cases, the cause must be related to your conduct as a tenant. The landlord must first give you a written notice that tells you specifically what you have done wrong, and that you have at least 30 days to correct the problem. If the problem is not corrected within that 30-day period, your landlord then has the right to file an eviction action against you with the court. To evict you, the landlord would have to prove that you have violated your rental agreement, a reasonable, written park rule or the law.
Do state or local laws regulate how much a mobile home owner’s rent can be raised?
Laws governing manufactured homes vary from state to state. Generally, though, if an owner is renting land in a park, that state's landlord-tenant lawsdo not apply. However, anti-discrimination laws under the federalFair Housing Actdo apply. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. It’s about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law.
In either case, before you can actually be evicted, you have the right to a court hearing where you can give the court evidence that the violations never occurred or were corrected. With nearly twenty years in business, the tenant lawyers at Tobener Ravenscroft LLP have helped 1000s of mobile home residents assert their legal rights. Please contact us to speak with one of our mobile home tenant lawyers.
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If the landlord intends to sell, the new owner will, in most cases, have to honor any existing leases. You are entitled to a 30-day written notice of the termination and the cause, but you do not have the right to cure or correct the cause. A mobile home park may also be called a manufactured dwelling park. A mobile home park generally contains four or more spaces reserved for renting to owners of mobile homes.
How much time the landlord gives the tenant in the notice varies depending on the grounds the landlord is asserting. The landlord's termination notice must be specific and give the tenant the dates, places, and circumstances that support the landlord grounds for terminating the tenancy. In the State of Indiana mobile homes located in mobile home parks or on land not owned by the mobile home owner are assessed as of January 1st each year. Mobile home owners receive a notice of assessment from the County Assessor on or about mid February each year. Mobile home taxes are paid in the current year so a January 1st assessment means you will receive a tax bill that will be due May 10 and November 10 of the current year.
Duties and Responsibilities of Mobile Home Park Landlord
If you do appear, you can ask for a trial and tell your side of the story. You are entitled, but not required, to retain a lawyer to represent you. Your landlord must give you a written warning for the first occurrence of any of these violations and may only assess a fee for further violations of the same sort if they occur again within the same 12 month period. Failure to pay a fee that was properly charged for one of these violations gives your landlord the right to terminate your lease after 30 days’ notice. During that 30 days, you have the right to cure the violation by paying the fee in question.
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.
If you are a mobile home owner and have questions about your rights, call Tobener Ravenscroft LLP to speak with a mobile home attorney. To find out more about your right to repairs, call Tobener Ravenscroft LLP to speak with a mobile home tenant rights attorney, and read our guide on California Mobilehome Owner’s Repair Rights. Failure to comply with a local ordinance, state law, or regulation within a reasonable time after receiving a noncompliance notice from a governmental agency. It's also important for manufactured-home owners to keep in mind that they do haveconstitutional rights. These include freedom of speech, freedom of assembly, freedom from retaliation, and the right to equal protection under the law. The $1.9-trillion American Rescue Plan, which was signed into law in March, included $10 billion for a Homeowners Assistance Fund for the most vulnerable homeowners facing foreclosure.
Violation of Lease Terms – If a lease violation has occurred, then the landlord may issue a Notice to Cure or Vacate, Indiana law does not specify a specific timeframe. If the tenant fails to remedy the issue within the timeframe, the landlord may start eviction proceedings. Finally, your landlord can start an eviction case if you have a fixed-term tenancy or lease which has reached its expiration or termination date and you have unreasonably refused to enter a new lease as offered by your landlord.
Landlords are entitled to collect rent in a timely manner and may recover payment from deliberate and negligent damages exceeding those from normal use. Personal property taxes must be paid on mobile homes yearly. If taxes are owed on your mobile home from a previous year, your mobile home is at risk of being sold at auction. The county can sell your mobile home at a tax sale if taxes owed are more than $25.
Nonpayment of Rent – If an Indiana tenant fails to pay rent, then the landlord may issue a 10-Day Notice to Pay after any applicable grace period. If the tenant still does not pay, then the landlord can start eviction proceedings. Sales tax is due upon application for title for a new manufactured home based on the purchase price. The purchase price includes the delivery, set-up, and utility connections. Requirements for paying the sales tax to the Indiana BMV or proving sales tax was already paid is outlined in the documentation requirements provided above.
A person who holds a certificate of title, a certificate of origin, or otherwise owns as an improvement, a manufactured home that is attached to real estate by a permanent foundation may apply for an Affidavit of Transfer to Real Estate . However, a person is not required to apply for an ATRE to convert a manufactured home that is attached to real estate by a permanent foundation to an improvement upon the real estate upon which it is located. To file the motion, the tenant must pay a $71 filing fee or file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"). Click to visit theFiling Fees and Waiverspage for information and forms. The eviction process does not apply in situations where a person is selling a mobile home to a buyer, and the buyer has failed to pay the note or mortgage. The lease should include an express acknowledgement by the landlord that the space is fit for habitation.
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