lien on mobile home

mysty

New Member
Jurisdiction
Indiana
Can a mobile home park owner file a Innkeepers lien on a mobile home? How much notice must they give the owner of the mobile home before taking action to sieze the property?
 
Can a mobile home park owner file a Innkeepers lien on a mobile home? How much notice must they give the owner of the mobile home before taking action to sieze the property?

A mobile home park isn't classified as an INN in your state, Indiana.

The law has been well established in your state.

Here's a case that speaks to the issue that you broached:
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Nicholson's Mobile Home Sales, Inc. v. Schramm
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The below references describe a mobile home park owner's remedies under the laws of Indiana.



First of all your state allows two types of eviction actions: FORMAL or SUMMARY:
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Choosing The Summary Or Formal Process - Civil Law Self-Help Center
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More:
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Mobile Homes - Civil Law Self-Help Center
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Does the park owner have to have a reason to evict me?
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Yes. He must have a reason and he must be able to prove it in court. His reason must be on this list. (These rules apply to you, all household members and your guests.)
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1-You did not pay rent, utility charges or reasonable service charges. You will not be evicted if you pay the amount you owe plus a fee before the end of the notice period. The notice must give you at least 30 days. The fee is 5% of what you owe, up to a maximum of $5.00. (A 2005 law allows park owners to charge interest on late payments. It is unclear how this new rule on interest charges intersects with this old $5 fee rule. Call Pine Tree if you need advice on this issue.)

2-You broke a mobile home park law. Before giving you an eviction notice, the park owner must tell you in writing what law you have broken and give you a reasonable chance to comply.

3-You broke a reasonable park rule. (See section on Park Rules) Before giving you an eviction notice, the park owner must tell you in writing what rule you have broken and give you a reasonable chance to comply.

4-You violated Paragraph 1, 2 or 3 above three times within 12 months. After 3 chances within a one year period, you can be evicted even if you corrected all three violations.

5-You damaged the property in some way. "Damage" does not include "normal wear and tear." Normal wear and tear is what happens to property over time from normal use.

6-You repeatedly disturbed the peace and quiet or safety of other tenants.
magnifying glassYou violated a term of your written lease which the lease says you can be evicted for. Read your lease before you sign!

7-The park is condemned or changed to some other use. Before evicting you for "change of use," the park owner must have told you about this when you moved in or must give you a one year written notice.

9-If the park owner wants to evict you because he plans to renovate the park, he must give you between 6 months to 12 months notice. He may also have to pay for your moving costs.
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Exceptions:
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If there is a serious problem that is dangerous for tenants, the park owner can evict you "temporarily" with a shorter notice, if he pays your costs.
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If it is not an emergency, he can give a 30 day written notice to "temporarily" evict, if he pays your costs.
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If the government orders the park owner to do a major renovation that requires evictions, the park owner can give a shorter notice.
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