Title 35 — Title 35

(1) ABANDONED MANUFACTURED DWELLING. A manufactured dwelling that satisfies either of the following circumstances: a. A tenant is absent from the premises of the manufactured dwelling following expiration of 30 days after default, termination, or expiration of the lease agreement…

A public or private sale authorized by this chapter shall be conducted consistent with the terms listed in Section 35-12A-8 and every aspect of the sale including the method, manner, time, place, and terms must be commercially reasonable. History: (Act 2003-516, 2nd Sp. Sess., p.…

(a) The manufactured dwelling community owner may deduct from the proceeds of the sale any of the following: (1) The reasonable or actual cost of notice, storage, and sale as provided in this chapter. (2) Unpaid rental fees, but only to the extent that the manufactured dwelling c…

Compliance in good faith with this chapter by the manufactured dwelling community owner shall constitute a complete defense in any action brought by a tenant or lienholder against a manufactured dwelling community owner for loss or damage to such manufactured dwelling or personal…

If a lienholder makes a timely response to a notice of abandoned manufactured dwelling, as provided for in Section 35-12A-4, and so requests, a manufactured dwelling community owner shall not sell the manufactured dwelling for a period of 12 months. During this period, or until t…

If the manufactured dwelling or personal property is considered abandoned as a result of the death of the only tenant, Sections 35-12A-1 to 35-12A-13, inclusive, and this section shall apply, except as follows: (1) The provisions of this chapter regarding the rights and responsib…

In the case of an abandoned manufactured dwelling that is owned by someone other than the tenant, the provisions of this chapter regarding the rights and responsibilities of a tenant to the abandoned manufactured dwelling shall also apply to that owner, with regard only to the ma…

A manufactured dwelling community owner may sell a manufactured dwelling on property owned or leased by the manufactured dwelling community owner only in the manner provided by this chapter. History: (Act 2003-516, 2nd Sp. Sess., p. 1537, §2; Act 2014-167, p. 475, §1.)

Prior to selling the tenant’s manufactured dwelling pursuant to this chapter, the manufactured dwelling community owner shall provide a written notice to the tenant by one of the following methods: (1) Personal delivery to the tenant of the manufactured dwelling. (2) Certified ma…

A manufactured dwelling community owner shall also give a copy of the notice described in Section 35-12A-5 by certified or registered mail verified by return receipt to any lienholder of the manufactured dwelling as shown on the records of the office of the judge of probate in th…

The notice required by Sections 35-12A-3 and 35-12A-4 shall state all of the following: (1) The manufactured dwelling, with a reasonably certain description of the dwelling, is left upon the premises and is considered abandoned and the tenant is indebted to the manufactured dwell…

(a) After notifying the tenant and lienholder as required by Sections 35-12A-3 and 35-12A-4, the manufactured dwelling community owner shall do all of the following: (1) Store any abandoned manufactured dwelling on the rented space. (2) Store all other abandoned personal property…

If a tenant, responds by written notice to the manufactured dwelling community owner on or before the specified date in the manufactured dwelling community owner’s notice that the tenant intends to remove the manufactured dwelling from the premises, the manufactured dwelling comm…

(a) If the tenant does not respond within the time provided by the manufactured dwelling community owner’s notice, or the tenant does not remove the manufactured dwelling or personal property within 45 days after responding to the manufactured dwelling community owner or by any o…

Repealed by Act 2014-167, §2, effective June 1, 2014. History: (Act 2003-516, 2nd Sp. Sess., p. 1537, §9.)