Because mobile homes are inherently movable and detached from the land they sit on, the law governing them is different from that which governs other residences.  One of the major differences revolves around the process of eviction.

Renting Home and Land

If you rent a mobile home and the land it sits on, then the procedure for eviction remains the same.  Your landlord will file a complaint against you in court and have that complaint served on you.  Once you are served, you will have five (5) days to object to your landlord receiving possession of the property.  If your landlord is evicting you for non-payment of rent, then you will need to deposit the outstanding amount (or an amount your circumstances permit) into what is called “the registry of the court.”  You may do this at the Circuit Clerk’s Office for the respective court your case is in.  Once that occurs, the court should set a hearing, where you and your landlord will be allowed to provide testimony and evidence as to the alleged lease violations and why you should or should not be allowed to remain in the property.  If the judge sides with the landlord, he will issue what is called a “writ of possession,” which the Sheriff will serve on you, giving you twenty-four (24) hours to vacate the property.  If the judge sides with you, then you will be allowed to remain in the property under the terms of the lease.

Own the House and Renting the Land 

However, there are significant changes if you own the mobile home but rent the underlying land.  In the event you own a mobile home and rent the underlying land, it is possible for you to lose your mobile home if you fall behind in rent or leave the mobile home unoccupied for an extended period.  Under Arkansas law, when a mobile home on leased land has been unoccupied for sixty (60) days or the rent is sixty (60) days or more past due, the landlord may notify the tenant (owner of the mobile home) that the home is unoccupied or the rent is past due.  That notice will provide the owner with thirty (30) days to remove the mobile home from the property.

If the mobile home is not removed within thirty (30) days, the landlord may receive a “lien” against the mobile home for the payment of all rent due beginning on the date the notice was received by the tenant.  This means if the mobile home is not removed from the property within thirty (30) days, the landlord may take possession of the home, sell it, and use the proceeds to pay the amount allegedly owed.  However, under basic principles of contract law, if the mobile home sells for more than what is allegedly owed, you are entitled to receive the remainder of the profits from the sale.  Furthermore, you are entitled to an accounting of the sale of your personal property.  This is important because you may own your mobile home free and clear, but if you fail to pay rent on any underlying leased land, ownership of the mobile home will not necessarily protect it from being taken.  If you receive a notice related to eviction from an owed mobile home on leased land, you should immediately attempt to rectify the situation with your landlord.  If that is not feasible, you should contact legal representation immediately. 

AUTHOR: WALKER HAWKINS, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES