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  1. #1
    Join Date
    Jul 2017
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    NC
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    1

    Default What is the Legal Difference Between a Mobile Home and a Manufactured Home

    My question involves landlord-tenant law in the State of: North Carolina

    I have found information that gives the mobile home owner 30 days to evict from a lot and a manufactured home owner 60 days to leave. I have also found that we can prove that the reason our lot owner wants to use to evict my husband is a problem we are on top of solving but it is a step by step process and the time limit she has given us (10 days until she starts eviction proceedings) is not enough. Also, this was instigated by a misunderstanding, but we know she has our other neighbors over to her pool on a regular basis and so they will definitely testify in her favor.

    We have lived here for over 10 years without a problem, NEVER paid lot rent late (without her knowing and approving); just until recently (last 3-4 months) my husband has had personal problems and we are seeking medical help.

  2. #2
    Join Date
    Sep 2005
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    Default Re: What is the Legal Difference Between a Mobile Home and a Manufactured Home

    For purposes of termination of tenancy, pursuant to NCGS Sec. 42-14, a manufactured home is defined by NCGS Sec. 143-145(7):
    Quote Quoting NCGS Sec. 143-145. Definitions
    (7) Manufactured home. - A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured home" includes any structure that meets all of the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act.

    For manufactured homes built before June 15, 1976, "manufactured home" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. "Manufactured home" also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width.
    There is no definition of "mobile home" in or referenced within the landlord-tenant act, but there is case law indicating that in the absence of an applicable statutory definition, a dictionary definition should be applied, in that case "[a] house trailer that is used as a permanent home and is usually hooked up to utilities" with a trailer defined as "[a] large transport vehicle designed to be hauled by a truck or tractor." See Angel v. Truitt, 108 N.C. App. 679, 424 S.E.2d 660 (1993).

    In other words, these are overlapping definitions -- if a residence fits the definition of a manufactured home, even if it might also be described as a mobile home, the 60-day notice statute, NCGS Sec. 42-14 ("where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period"), applies. Otherwise, if the home is a "house trailer that is used as a permanent home and is usually hooked up to utilities" but does not otherwise satisfy the additional requirements to be a "manufactured home, that statute does not apply.

    There's also a definition in NCGS Sec. 105-316.7, relating to house trailer park, marina, and aircraft storage facility operators, which is not directly applicable to the landlord-tenant laws but may provide guidance:
    Quote Quoting NCGS Sec. 105-316.7. Mobile home defined
    For the purpose of G.S. 105-316.1 through 105-316.8, "mobile home" means a structure that (i) is designed, constructed, and intended for use as a dwelling house, office, place of business, or similar place of habitation and (ii) is capable of being transported from place to place on wheels attached to its frame. It also means a manufactured home as described in G.S. 105-273(13). This definition does not include trailers and vehicles required to be registered annually pursuant to Part 3, Article 3 of Chapter 20 of the General Statutes.

  3. #3
    Join Date
    Feb 2014
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    RTR/WDE
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    Default Re: What is the Legal Difference Between a Mobile Home and a Manufactured Home

    The way I'm reading what you've posted, MKIA, is that if person A owns the MH but rents the lot from B he gets 60 days notice. If A's just a renter of a MH on a lot (with the MH belonging to B-and maybe the lot, as well), then he gets 30 days notice. But, please, correct me if I'm mistaken in that.

  4. #4
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    Default Re: What is the Legal Difference Between a Mobile Home and a Manufactured Home

    If you are renting only the lot from the landlord who is renting you the lot, then the 60 day notice provision applies. Some manufactured home tenants also rent the home -- the additional notice does not apply if the home and lot are rented from the same landlord, but would apply if the home is owned by the tenant or is rented from a different landlord.

  5. #5
    Join Date
    Jul 2017
    Location
    Pennsylvania
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    1

    Question Re: What is the Legal Difference Between a Mobile Home and a Manufactured Home

    Is this 60 day eviction also true in Pennsylvania? I was actually evicted illegally over a disputed water bill. "My" meter hasn't worked for approximately 8 months. I made several complaints to the landlord. He also cut the tow tongue off my trailer, after telling him twice to not touch mine, I didn't care what "everybody else" was doing. It was also discovered that there were 3 other mobile homes that had a 110 line hooked up to "MY" electric meter! My landlord is responsible for the hook up and maintenance of all utilities on the lots. After my eviction for the water bill, (originally $121 but the District Magistrate knocked off $50 BECAUSE THE METER DIDNT WORK!) he THEN cashed the 2 money orders for rent he claimed I never paid. It took me 3 weeks to get 15 minutes tobtake out personal property while supervised by the police.
    Prior to the illegal eviction.... I also purchased a share of the mobile home next door... (the elderly man I worked for next door was forced into permanent residency in a group home because the landlord left him with a downed 220 line for 5 1/2 months! Now, he has had the police remove me twice while attempting to sell that home, and pack the elderly mans belongings!

  6. #6
    Join Date
    Nov 2013
    Posts
    672

    Default Re: What is the Legal Difference Between a Mobile Home and a Manufactured Home

    Anthony_felizardo, please start your own thread. You are not likely to get much response by tacking on to someone else, you will do better with a new title and explanation. You should explain why/how your being late on a water bill causes eviction?

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