Eviction from Your Mobile Home Lot
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Being evicted from your lot is not like a typical rental eviction. Your home is there. If you lose your lot, you may have to move your entire manufactured home, which is expensive and takes time to arrange. Virginia law gives you some protections, but eviction rules are strict and the deadlines are short.
If you receive an eviction notice, do not wait. Contact your local legal aid office right away. The sooner you get help, the more options you have.
For most of the eviction process, the same rules apply as any other eviction in Virginia. But there are a few important differences for mobile homes.
The eviction process at a glance:
- Your landlord gives you a written notice
- Your landlord files in court
- You are served with a court summons
- You go to your court date
- The judge makes a decision
- The losing side can appeal
- Your landlord requests a writ of eviction
- The sheriff gives you notice
- The eviction takes place
Each step is explained below.
Step by step
Your landlord gives you a written notice
The process starts with a written notice. A verbal warning does not count.
The type of notice the landlord may give you depends on your situation:
- If you fall behind on rent, your landlord will give you a written notice called a “5-day pay or quit.” This notice must tell you the exact amount you owe, and give you five days to pay that amount.
- If the landlord thinks you are violating your lease, but the issue can be fixed, they will give you a “21/30” notice. They must give you 21 days to fix the issue. If it is not fixed after 21 days, the landlord can file for eviction 30 days after they first notified you.
- If you commit a lease violation that cannot be fixed, like getting into a physical fight with another resident in the community, the landlord must give you 30 days' notice before filing for eviction. There is an exception if you are arrested and charged with a drug-related or violent crime. In those situations, the landlord can file as soon as they give you notice.
In some cases, you may be able to pay what you owe before the case goes to court and stop the eviction. This is sometimes called the right to redeem.
Your landlord files in court
If you do not comply with the notice, your landlord can file an eviction lawsuit. This is the point where the legal process officially begins.
You are served with a court summons
Once your landlord files, the court issues a document called a "Summons for Unlawful Detainer." This is your official notice that a court case has been filed against you.
The summons will be delivered to you in person, handed to another adult in your household, or posted on your door and mailed to you. It tells you the date, time, and place of your court hearing, and how much your landlord says you owe.
Do not ignore it. You do not have to move out, but you do need to act. Write down your court date somewhere you will see it every day.
Once you have the summons, start gathering your documents. Bring to court whatever supports your side of the story. That could include your lease, any notices your landlord sent you, proof of payments you made, and any texts or emails between you and your landlord.
You go to your court date
Go to court even if you think you might lose. This is your chance to tell your side. If you do not show up, the judge will almost certainly rule against you.
In some cases, you may be able to pay your overdue lot rent before or on your court date and stop the eviction. This is sometimes called the right to redeem.
Read more: Going to Court: What to Expect and How to Prepare
The judge makes a decision
After hearing both sides, the judge decides.
If the judge rules in your favor, you get to stay. The eviction case is over.
If the judge rules for your landlord, they get a judgment for possession. That means they can move forward with the next steps to have you removed. But the process is not over yet, and you still have options.
The losing side can appeal
The losing side has 10 days to appeal. Even if you do not appeal, the sheriff cannot evict you during these 10 days.
If you are thinking about appealing, contact a legal aid attorney right away. The deadline is short.
Your landlord requests a writ of eviction
If you did not appeal, your landlord can move forward after the 10-day appeal period ends. They must go to court and get a "writ of eviction." This is the official document that instructs the sheriff to carry out the eviction.
The sheriff gives you notice
Once the sheriff receives the writ, they schedule the eviction date. You must receive at least 72 hours notice before that date.
Even at this stage, you may be able to stop the eviction. Up until two business days before the scheduled eviction, you may have the right to pay everything you owe and have the eviction canceled.
This is called the extended right of redemption. Confirm the exact amount with both your landlord and the sheriff's office. Pay by cashier's check, certified check, or money order.
The eviction takes place
On eviction day, the sheriff comes to the property. Once the eviction happens, you cannot return to the property without permission. That is trespassing.
But losing your lot does not mean you lose your home. This is where mobile home evictions are different from regular rental evictions.
What happens to my home after the eviction?
You have 90 days from the date of the court order to figure out what to do with your home. This protection exists because moving a manufactured home is not simple. It takes time to arrange a mover, get permits, and find a new location.
During those 90 days, you have three options:
- Move your home out of the community
- Sell the home
- Rent the home to someone else, as long as you keep paying lot rent and the landlord approves the new occupant
Whatever you choose, you cannot keep living in the home yourself once the date on the writ of eviction arrives.
Can I sell my home during those 90 days?
Yes. Your landlord cannot stop you from putting a for sale sign on your home. They may have rules about the sign's size and placement, but they cannot block the sale.
Read more about selling or moving your mobile home.
Can my landlord charge a fee when I move my mobile home out?
No. Your landlord cannot charge you an exit fee for moving your home out of the community. If community property is damaged during the move, you may be charged for that damage.
What if I cannot pay during the 90-day period?
If you have a loan on your home, your lender will be told about the eviction. If you do not pay what is owed, the lender may repossess the home. Your landlord also has a lien on the home for unpaid lot rent during the 90 days, but that lien comes after the lender's claim.
What happens to my security deposit?
Your landlord has 45 days to return your security deposit after your lot lease ends. You must provide your new mailing address to receive the security deposit.
If the landlord does not return the entire security deposit, they must provide an itemized list of what was deducted from the security deposit. They should send this, with a check for the remaining balance, within 45 days.
If your landlord does neither, you can file a “warrant in debt” to get your security deposit back.
Where can I get free or low-cost help?
- Find your local legal aid office: virginialawhelp.org/get-legal-help
- Ask a lawyer a question online for free: virginia.freelegalanswers.org
- Get a low-cost attorney consultation for $35: vsb.org/Site/legal-help/vlrs.aspx
Things to remember
- Your landlord must give you written notice before filing in court. Verbal warnings do not count.
- You do not have to move when you get a notice or a summons. The process is not over.
- Go to your court date even if you think you might lose.
- You may be able to pay what you owe to stop the eviction, even up to two days before the sheriff comes.
- If you lose, you have 90 days to move, sell, or rent out your home.
- Your landlord cannot block a sale or charge an exit fee.
- Only the sheriff can carry out an eviction. Your landlord cannot remove you themselves.