SF4909

Purpose

This bill changes how eviction cases are handled for residents of manufactured home parks in Minnesota. It focuses on extending time for residents to respond to evictions, clarifying how sale proceeds from a park owner’s action are handled, and tightening notices to protect residents’ financial interests. It also repeals the former conditional-writ framework and replaces it with new rules.

Main Provisions (What the bill does)

• Writ of recovery stay and in-park sale timing

  • For a standard writ of recovery (not a conditional writ), the court must stay the writ for up to 90 days to let the resident either move the home off the lot or to complete an in-park sale as allowed by existing law.
  • The resident may remain in the home for 10 days after the writ is issued.
  • The resident has 28 days after the writ to remove personal property under the specified process.
  • The park owner must tell anyone with a security interest in the home about the writ within 15 days.

• Additional notice in eviction summons

  • When a park owner brings an eviction, the summons must include a verbatim notice about what happens if the resident signs over title to the home or if the park owner takes title and then sells the home.
  • The notice explains the right to recover money from the sale after subtracting back rent, utility charges, liens, and other lawful costs.
  • To receive any remaining money after a sale, the resident must provide current contact information, and the park owner must pay the resident within 30 days of receiving that information.

• Surplus from sale handled for park owners

  • If the park owner acquires title to a resident’s home and later sells it, the sale proceeds must first be used to cover any amounts owed to the park (rent, utilities, costs) and any liens.
  • Any surplus after those amounts must be returned to the former resident within 30 days after the park has the resident’s current contact information.

• Repeal of the old conditional-writ framework

  • The bill repeals the existing subdivision that described a conditional writ and its in-park sale provisions, removing that process from law.

Significant Changes to Existing Law

• Replaces the older conditional-writ process with a new approach that includes a longer potential stay (up to 90 days) for standard writs and explicit rights around sale proceeds.
• Adds explicit language requiring park owners to provide and pay out sale proceeds to residents promptly, with defined timelines (30 days) after contact information is provided.
• Strengthens notice requirements to security interests and to residents about what happens to money from a sale.
• Requires a clear order of how any money from a park-owner sale is applied (back rent/utilities/costs first, then liens, then surplus).
• Repeals the former conditional-writ framework, simplifying the eviction process in favor of the new structure.

Relevant terms - writ of recovery - in-park sale - manufactured home park - park owner - resident - security interest - lien - back rent - utilities - actual costs - surplus - acquisition and sale of residence - title - summons and complaint - notice - conditional writ (repealed) - eviction proceedings - 327C.11 (code section involved) - 504B.365 (statutory process referenced for personal property) - 168A.142, 168A.143, 504B.265, 504B.271 (legal authorities related to title and sale)