HF4811

Purpose

This bill changes how eviction cases are handled for residents of manufactured home parks in Minnesota. It aims to give residents more time and clearer rights when their homes are evicted or foreclosed on by the park owner, while also clarifying how money from the sale of a home is handled and how notices must be given.

Main Provisions

• Writ of recovery and stay period

  • In eviction cases, the court may issue a writ of recovery that can be stayed for up to a long period (up to 90 days) to let the resident arrange to move their home or to conduct an in-park sale.
  • The resident may stay in the home for 10 days after the writ is issued.
  • The resident has up to 28 days after the writ to remove personal property according to an established process.
  • The writ must require the park owner to notify any party with a security interest in the resident’s home within 15 days.

• Additional notice in summons

  • When a park owner files an eviction, the summons must include a verbatim notice describing the owner’s rights and the resident’s rights if the park takes title and sells the home.
  • The notice explains that the resident may be entitled to the return of money after deducting back rent, utilities, liens, and other lawful costs if the park takes title and sells.
  • To receive any remaining money from the sale, the resident must provide a way to be contacted (address, phone, or email), and the park owner must pay within 30 days after receiving that contact information.

• Acquisition and sale of a resident’s home by the park (surplus)

  • If the park owner acquires title to the home and later sells it, the sale proceeds must be used in this order: 1) pay any outstanding rent, utilities, and actual park costs owed by the former resident, 2) pay any liens on the property.
  • Any remaining surplus must be returned to the former resident within 30 days after they provide a contact method.

• Repeal of the former conditional writ

  • The bill repeals the previous Subdivision 4 that allowed a conditional writ and its specific rules.
  • The former conditional writ provisions are moved to an appendix, effectively removing them from current law and replacing them with the new process described above.

Significant Changes to Existing Law

• Introduces a standardized, longer stay option for eviction writs (up to 90 days) to allow time for moving or conducting in-park sales, with specific timing for staying in the home and removing belongings.
• Requires explicit, verbatim notices in eviction summons about the resident’s potential rights to money from sales if the park takes title and sells.
• Establishes a clear, ordered method for handling any surplus proceeds when a park owner ends up owning the resident’s home and then sells it.
• Eliminates the older conditional writ framework and relocates it to an appendix, changing how conditional evictions could be handled.

How the Provisions Operate in Practice

• Residents get more time to arrange moving or sales and clearer timelines for property removal and personal belongings.
• Park owners must provide more detailed, upfront information to residents and ensure timely payment of any leftover funds after sale.
• When a park owner ends up owning a resident’s home, the money from sale is prioritized to cover owed amounts and liens before any remaining funds go to the resident.

Repeal and Appendix

• The existing provision allowing a conditional writ is repealed and its details are placed in an appendix, effectively removing its current applicability and replacing it with the new framework.

Relevant Terms - writ of recovery - in park sale - manufactured home park - eviction action - summons - security interest - liens - title to home - acquisition (by park owner) - sale proceeds / surplus - rent - utilities - personal property - notice (verbatim notice in summons) - 327C.11 - 504B.365 - 327C.07 - 168A.142 - 168A.143 - 504B.265 - 504B.271 - conditional writ (repealed)