Alabama Manufactured / mobile home parks

Manufactured / mobile home parks in Alabama

Ala. Code §§ 35-12A-1 to 35-12A-15 set a procedure under which a manufactured dwelling community owner may sell an abandoned manufactured dwelling that is on property the community owner owns or leases, and may do so only in the manner provided by that chapter. A manufactured dwelling is a residential trailer, mobile home, or manufactured home. A manufactured dwelling community owner is 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. A tenant, for this chapter, is an individual or business entity that enters into a rental agreement with a community owner for placement of a manufactured home on the community owner's property and that leases or owns the manufactured home. A manufactured dwelling is abandoned if the tenant is absent from the premises following expiration of 30 days after default, termination, or expiration of the lease agreement, or is absent continuously for 30 days after service of a court order requiring the tenant to vacate because of failure to perform lease obligations. Before selling the tenant's manufactured dwelling under the chapter, the community owner must give written notice to the tenant by personal delivery, by certified mail to the last known mailing address known to the community owner, or by affixing a notice on the doors of the dwelling, and must also give a copy of the notice described in § 35-12A-5 by certified or registered mail verified by return receipt to any lienholder of the dwelling as shown on the records of the office of the judge of probate in the county where the dwelling is located, the Alabama Department of Revenue, or the Secretary of State. The notice must state that the dwelling, with a reasonably certain description, is left on the premises and is considered abandoned and that the tenant is indebted for rental fees; that the tenant or lienholder shall contact the community owner within 30 days of receipt of the notice, as provided in § 35-12A-6, to arrange for removal; that the dwelling is stored on the rented space and applicable storage fees are being assessed; that the tenant or any lienholder may arrange for removal by contacting the community owner at a described telephone number or address on or before the specified date; that the community owner shall make the dwelling available for removal by appointment at reasonable times; and that if the tenant or owner fails to contact the community owner in writing by the date specified and the dwelling is not subject to a lien that has priority over any lien of the community owner, the community owner may sell the dwelling as provided in § 35-12A-8, or, if the dwelling is subject to a priority lien, that § 35-12A-13 is the community owner's sole remedy as to the lienholder. After notifying the tenant and lienholder, the community owner must store the abandoned dwelling on the rented space and store all other abandoned personal property of the tenant, including goods left inside the dwelling or left on the rented space outside it, in a place of safekeeping and exercise reasonable care for that personal property. For this chapter, personal property does not include a manufactured dwelling. The community owner is entitled to reasonable or actual storage charges and costs incidental to storage or disposal, including any cost of removal to a place of storage, after the expiration of the date by which a tenant, lienholder, or owner is to contact the community owner. If the tenant responds by written notice on or before the specified date that the tenant intends to remove the dwelling, the community owner must make it available for removal by appointment at reasonable times during the next 45 days, provided the tenant has paid all applicable charges and costs. If the dwelling is not removed, the community owner may proceed with sale under § 35-12A-8. If the tenant does not respond within the time provided, or does not remove the dwelling or personal property within 45 days after responding or by any later date agreed with the community owner, the community owner may sell the abandoned dwelling and personal property as provided in § 35-12A-8. Before selling the dwelling, the community owner must place a notice to be run once per week for two consecutive weeks in a newspaper of general circulation in the county, with the contents required by § 35-12A-8, and no later than 30 days before the sale date must provide a copy of that notice to any lienholder by certified or registered mail verified by return receipt. Personal property must be held for 45 days after mailing or delivering notice to the tenant or the tenant's designated agent at the last known address before it is sold. A public or private sale authorized by the chapter must be commercially reasonable. From the proceeds, the community owner may deduct the reasonable or actual cost of notice, storage, and sale; unpaid rental fees only to the extent the community owner's lien has priority over the lien of any applicable lienholder; and reasonable attorneys' fees and costs. The community owner shall then remit to the county tax collecting official any property taxes or other fees due, then remit remaining proceeds to the lienholders to the extent of any unpaid balance on any liens, and then remit any remainder to the tenant or owner together with an itemized accounting. If the tenant or owner cannot be found after due diligence, the remaining proceeds may be interpleaded in a court with jurisdiction or held and deposited in accordance with Article 2A of Chapter 12. Compliance in good faith with the chapter is a complete defense in an action brought by a tenant or lienholder against the community owner for loss or damage to a manufactured dwelling or personal property sold under the chapter. If a lienholder makes a timely response to the notice of abandoned manufactured dwelling under § 35-12A-4 and so requests, the community owner shall not sell the dwelling for a period of 12 months. During that period, or until the dwelling is removed, the lienholder must make timely periodic payments of all reasonable and actual storage or rental fees that accrue after the expiration of the 30-day notice period and that shall be no greater than the monthly space rent last payable by the tenant. The lienholder has the right to remove or sell the dwelling under any agreement with the owner of the dwelling or as otherwise allowed by law. If the lienholder fails to respond within 45 days of receipt, or after making a response fails after 10 days' written notice from the community owner to make timely payments, the community owner may sell the dwelling under § 35-12A-8. The provisions of § 35-12A-13 may be changed by an agreement signed by the community owner and the lienholder. Section 35-12A-9 was repealed by Act 2014-167, § 2, effective June 1, 2014. Section 35-12A-14 addresses abandonment of a dwelling on the death of a tenant, including an agreement with a representative or other person who pays storage charges and maintains the property. If an abandoned manufactured dwelling is owned by someone other than the tenant, the chapter's provisions on the rights and responsibilities of a tenant apply to that owner only as to the manufactured dwelling and not as to goods left inside or outside it. Separately, the Alabama Uniform Residential Landlord and Tenant Act, Ala. Code § 35-9A-141, defines a dwelling unit as a structure or the part of a structure, including a manufactured home, that is rented as a home, residence, or sleeping place by one or more persons. Under § 35-9A-121, that chapter is the exclusive remedy for a rental agreement for a dwelling unit located in Alabama and preempts county or municipal residential landlord ordinances, while still allowing building codes, health codes, and other general laws that affect rental property if those codes equally affect similarly situated owner-occupied residential property. Section 35-9A-122 lists arrangements that are not governed by that chapter; manufactured dwelling communities and lot-only placements are not named in that list. This answer treats chapter 35-9A as applying when a manufactured home itself is rented as a dwelling unit, and treats chapter 35-12A as the community-owner sale procedure when a manufactured dwelling is placed on community land under a placement rental agreement. It does not treat other Alabama titles or local park rules.

Verified Source: Ala. Code §§ 35-12A-1 to 35-12A-15 (35-12A-1, 35-12A-2, 35-12A-3, 35-12A-4, 35-12A-5, 35-12A-6, 35-12A-7, 35-12A-8, 35-12A-9, 35-12A-10, 35-12A-11, 35-12A-12, 35-12A-13, 35-12A-14, 35-12A-15), 35-9A-121, 35-9A-122, 35-9A-141 · last checked 2026-11-12