Homeownership looks different than it did 50 years ago, and mobile homes are gaining popularity nationwide. These trailers often sit on rented land, which poses an important question that is becoming increasingly common: If a piece of land is being sold that has a mobile home on it, what happens to the mobile home?
While the answer may seem straightforward, it is often more complicated than you might think. What happens to the mobile home depends on different scenarios. These scenarios include whether the landowners own the land and the mobile home or the tenant owns the mobile home but rents the land it sits on.
Each scenario has different legal and practical implications for the landowner and mobile homeowner. In this guide, we’ll explore both circumstances and explain how donating a mobile home to those in need can be one of the best ways to resolve these tricky situations.
Who Owns What? Understanding Mobile Home vs. Land Ownership
Mobile homes are a unique type of property because they can be legally separate from the land they sit on. While most conventional homes are real property, mobile homes can be either real property or personal property. Real property is land and anything built on, attached to, or growing from it. Personal property is any property that can be relocated and moved from place to place.
A mobile home is real property if you have a recorded deed for it, or if you own the land you live on, and the mobile home is attached to a permanent foundation. Even if you own a mobile home, it can still be considered personal property in the following instances:
- You lease the lot or land you live on
- The mobile home has a Department of Motor Vehicle (DMV) title
- You rent the mobile home
The property status of your mobile home impacts what happens when the land changes hands. If the land you’re living on is sold, and you’re unsure what type of property your mobile home is, you can check with your state’s local DMV to see if there is a title.
Three Common Scenarios and What Happens Next
When land is sold to a new owner and there’s a mobile home on the property, three common scenarios affect what happens to the mobile home.
Scenario 1: Landowner Owns Both Land and Mobile Home
If the landowner owns both the land and the mobile home, the mobile home is usually included in the property sale unless otherwise specified. The seller may opt to donate or remove it beforehand if the place of residence is outdated or not needed. If you’re renting the mobile home and land from the original landowner, you have the right to stay in the property until the end of your lease.
Scenario 2: Tenant Owns the Mobile Home, Rents the Land
If you own the mobile home but rent the land, you will still own the mobile home when the land is sold. Selling the land does not automatically grant ownership of the home to the new landowner. The mobile home is still your property.
When rented land is sold, the new buyer will inherit your lease. You have the right to stay on the land until the end of your lease is up. However, the new owners also have the right to evict you, but they must give you proper notice before asking you to leave.
Scenario 3: Abandoned Mobile Home on the Property
If an abandoned mobile home is on the property, the first step is identifying the owner. First, the landowner must search DMV records using the vehicle identification number (VIN) to see if it’s someone’s personal property. If the DMV has no current record, the next step is determining if the mobile home is real property.
The landowner can search with the county or town to determine who’s paying taxes on the property. If no owner is listed, cannot be identified, or is deceased, the mobile home is considered abandoned. The landowner can then file a Property Abandonment Claim.
Once the claim is accepted, the landowner can work with removal services to remove the mobile home from the property. If the cost of demolishing the mobile home is high, the landowner can choose to donate the mobile home to someone in need.
Tenant Rights and Legal Considerations
While tenant rights vary from state to state, there are federal rights every tenant has. If you own a mobile home but rent the land or rent a mobile home, your rights include:
- If you have a fixed-term lease, you have the right to remain on the property until the lease expires.
- If you have a month-to-month lease, the new owner must provide proper notice to vacate. Usually, they must give you at least 30 days’ notice.
- The new owner must notify you of their name and address by certified mail.
- If your lease includes a clause stating it can be terminated upon sale, the new owner can terminate your lease. Check your lease agreement to understand your specific rights. You can also consult with a property or rental attorney.
- If the new owner decides to terminate your lease, you have the right to vacate the property at the end of the lease term or by the notice period outlined in your lease.
When the landowner sells the land your mobile home sits on, you are not automatically displaced. As a land renter, you need to always understand your lease terms and protections. You should also have a certified document stating you own the mobile home.
Once your lease is up, you may have to relocate your mobile home. However, if it is too old to move, you can also sell it or donate it.
What Are Your Options If the Mobile Home Must Go?
If a property with a mobile home on it is sold and the buyer wants the mobile home gone, there are a few options: demolition, relocation, or donation. Demolition and relocation are viable choices for mobile homes that are uninhabitable or no longer up to code. However, demolition should be a last resort, as it is often more costly and less environmentally friendly than donating or relocating a mobile home.
If the mobile home is owned by someone renting the land, the homeowner can pay a company to move it elsewhere. While costly, this is an ideal option if the homeowner wants to continue living there. If the homeowner doesn’t want to pay to have the home moved or the new landowner also owns the mobile home, donating the mobile home is a hassle-free and cost-effective solution.
Regardless of which option you choose, you need to decide quickly. Waiting can lead to increased costs, permit issues, or complications during land sales. If you’re operating on a tight timeline, Banyan Mobile Home Removal offers a simple, no-cost way to remove old or abandoned mobile homes.
Donating a mobile home is ideal for units that are no longer wanted, in poor condition, or are unlikely to be relocated. Our free removal process can be scheduled quickly, so you don’t have to live with an unwanted mobile home on your new property. Additionally, our expert movers reduce your liability. We’ll remove the home from your property for you, fix it up, and donate it to a family in need. You may also receive some tax benefits by donating your mobile home.
FAQ Section
Can a mobile home stay if the land is sold?
Yes. If the mobile home is included in the land sale, the mobile home can stay. If the mobile home is owned by someone renting the land, the mobile home can remain where it is under the terms of the current lease.
What if the buyer doesn’t want the mobile home?
If the buyer doesn’t want the mobile home, they can seek to end the lease if the mobile home is owned by someone else. If the mobile home is included in the sale of the land, the buyer can tear it down, relocate it, or donate it to those in need.
How much notice does a tenant get if the land is sold?
If the land is sold, the tenant must have at least 30 days’ notice. State and local laws may require that more notice be given, so consult with a knowledgeable attorney or local housing laws.
Can the landowner remove a mobile home after the sale?
No. The landowner cannot remove a mobile home immediately after the sale. If there is an existing lease in place, the landowner must give at least 30 days’ notice or more, depending on the state. The landowner can only remove the mobile home if it is real property that is included in the sale of the land, it is abandoned, or no owner can be identified.
Who is responsible for moving the mobile home?
The responsibility lies with the owner of the mobile home. If the mobile home is real property, the responsibility lies with the new landowner. If the mobile home is personal property on rented land, the responsibility lies with the mobile homeowner.
Can I donate a mobile home I don’t use anymore?
Yes, you can donate an unused mobile home to those in need with Banyan Mobile Home Removal.
Request a Free Mobile Home Donation Consultation
When the landowner sells land with a mobile home on it, it’s important to first determine who owns the mobile home. No action can be taken until the owner is identified. If you own the mobile home and rent the land, you must know your rights as a tenant. If you bought the land, you must follow proper notice laws before evicting the mobile homeowner from your property. Regardless of if you’re the landowner or the tenant, you do have options. You can relocate, remove, or demolish an unwanted mobile home. You can also be a hero and donate a mobile home through Banyan Mobile Home Removal. We’re pros at mobile home donation, and our experts can help guide you through the process. If you’re selling land with an unwanted mobile home, contact us today for a free consultation or give your home to those in need.