Current through 2024 Legislative Session
Section 35-20-17 - Landlord's mobile home lien - Penalty1. A landlord of a mobile home lot has a lien for accrued rents, storage, and removal relating to any mobile home left on the lot after the tenant has vacated the premises after an eviction or the expiration of the lease term. A lien under this section does not have priority over a prior perfected security interest in the property. A holder of a lien under this section may retain possession of the mobile home subject to the lien until the amount due is paid.2. For the lien or subsequent title obtained by the lienholder to be valid against a good-faith purchaser, the landlord shall post a signed and dated notice of the lien on the primary entrance to the mobile home. An individual who without authorization from the landlord willfully removes the notice is guilty of a class B misdemeanor. The notice of lien must contain the name and last-known address of the owner of the mobile home, the name and post-office address of the lien claimant, the amount of the lien, a description of the location and type of mobile home, and a recitation of the penalty provisions of this section.3. A lienholder may sell a mobile home thirty days after the lienholder mails notice of the lien to the owner of the mobile home and secured parties of record. After the sale, the lienholder shall forward to the former owner any money resulting from the sale of the mobile home in excess of the amount owed to the lienholder for accrued rents, storage, and removal relating to the mobile home. If the location of the former mobile home owner is not known, any money from a sale in excess of the amount owed is presumed abandoned under chapter 47-30.2.Amended by S.L. 2021, ch. 337 (SB 2048),§ 11, eff. 7/1/2021.