What happens in a mobile home park eviction?

If you live in a New York mobile home park and are being evicted, you have certain legal rights. Mobile home park tenants have different rights than other tenants.

Your park owner or landlord can only evict you if a court issues a warrant of eviction. If your park tries to evict you without a court warrant, that is a crime and you can call the police.

What is a mobile home park?

In New York State, a mobile home park is a place where there are:

At least three mobile/manufactured homes; and
People who live there year-round; and
Homes on adjoining land that are privately owned.

The owner of the park can live in one of the mobile homes.

Who is a mobile home park tenant?

You are a mobile/manufactured home tenant if you either:

Own your own mobile/manufactured home and rent the lot from the park; or
Rent the mobile/manufactured home and the lot from the park.

You are not considered a mobile/manufactured home tenant if you rent the home from another person who owns the home and rents the lot from the park. In that case, regular New York eviction rules apply instead of mobile home park rules.

Legal Reasons for Eviction

A mobile home park can only evict you for certain legal reasons. They can never evict you because your lease has ended or they do not want you there anymore.

A. Nonpayment of Rent

Your park can evict you if you do not pay your rent. They cannot evict you for not paying other charges like utility bills, late fees, pet fees, or other non-rent fees.

Before starting an eviction case, your park must give you a 30-day notice telling you to pay the unpaid rent or move out.

B. Illegal Use of the Home

If you use your home for an illegal use or business, the park can start an eviction case right away. They don’t have to give you advance notice before going to court.

C. Breaking Laws that Affect the Safety or Welfare of Others

If you or someone in your household breaks a law or ordinance that puts others in danger or harms their well-being, the park can start an eviction case without giving you any notice.

D. Violating Lease or Park Rules

If you or someone living with you breaks a lease term or park rule, your park must give you a chance to fix the problem before starting an eviction.

Here’s how that process works:

The park must give you a “10-day written notice to cure”. The notice must tell you what rule you broke and give you 10 days to correct it.
If you do not correct it (or repeatedly violate the rule), your park can then give you a 30-day notice to move out.
After 30 days, your park can start an eviction against you.

E. Change in Use of the Land

If your park owner plans to stop using their land as a mobile home park, you have rights.

The park owner must:

Give a 2-year written notice to mobile home owners who rent their lots and tenants who rent the mobile home and the lots. A park cannot start an eviction against you until 2 years after giving you the notice.
Pay you up to $15,000, if you own your mobile home and rent the lot. The court decides the exact amount.

How the Landlord Can Bring You to Court

Your park (or landlord) must follow specific steps to start an eviction case. They cannot simply tell you to leave.

Starting an Eviction Case

Your park can start an eviction case in a city, town, or village court the park is in. The park must file two papers with the court:

A Notice of Petition
And a Petition

These are the Court Papers. Your park must give you the Court Papers at least 10 and no more than 17 days before the first court appearance.

How You Can Be Served with the Court Papers

Your park has to have someone give you the Court Papers in one of these ways:

Someone hands the Notice to you; or
Someone who lives or works at your mobile home is given the Notice, like a family member or babysitter; or
The Notice is left on your door and mailed to you using both regular mail and certified/registered mail.

What the Court Papers Must Say

The Court Papers must include:

Who is evicting you (the Petitioner is usually the owner or landlord)
Who is being evicted (the Respondent, which is you and anyone else being evicted);
The court date and time and the address of the court;
The address of your home and that your home is in a mobile home park;
The reason the park is evicting you; and
What the park wants (to evict you and any rent money).

First Court Appearance

Everyone named in the Court Papers must go to court. If you don’t show up, the judge can issue a warrant of eviction against you.

At your first appearance, you can “answer” by telling the judge your side and raising defenses (legal reasons the park should not win). Common defenses include:

Someone who lives in the home was not named in the Court Papers.
You were not correctly served (given) the Court Papers.
You were not served with the right type or amount of notice.
If the eviction is for not paying rent, you can argue the rent the park is claiming you did not pay is wrong. You can argue the park did not fix problems in the home that you told them about.
If the eviction is for a lease violation, you can argue you fixed the violation. You could also argue the “notice to cure” did not say what the violation was.
If you no longer live at the home, ask for the judge to dismiss the case.

If you disagree with the park’s claims or believe they did not follow the correct legal steps, you can ask for 14 days to prepare. You can also ask for 14 days to find a lawyer. These 14 days are called an “adjournment.” You can also request a trial by the judge or a jury trial if you disagree with the park’s claims or believe they did not follow the correct legal steps.

If you need more time to move, ask the judge to pause the warrant. Tell the judge about your efforts to find other housing, any medical conditions that would worsen if you or someone living with you had to move, and if your children are enrolled in local schools. Bring proof. For example, apartment applications, medical letters, school enrollment letters, etc.

If You Lose the Case

If the judge rules against you, a warrant of eviction will be issued. Only a sheriff or marshal can serve (give) you the warrant. They must do this before the sheriff or marshal can remove you and your belongings from the home.

Once a warrant is served on you, how much time you get before the sheriff or marshall can remove you depends on the reason for the eviction::

Not paying rent: You must be given 30 days to move.
Breaking rules that are an immediate threat to health and safety: You may be given 30 days to move.
Violating lease rules: You must be given 90 days to move.
If you rent both the mobile home and the lot: You may get only 72-hours after the warrant is given to you to move. But, if you are being evicted for not paying rent, the warrant must give you 30 days.

If your park or the sheriff does not follow these rules, you have legal options to stop or delay the eviction.