Virginia Eviction Protections for Mobile Home Owners

Mobile home owners living in manufactured home parks in Virginia have unique rights and protections when it comes to eviction. If you rent a lot but own your mobile home, you are covered under the Virginia Manufactured Home Lot Rental Act. This article explains your key protections, steps to take if you receive an eviction notice, and links to essential government resources.

Who is Protected Under Virginia Law?

The Virginia Manufactured Home Lot Rental Act (VMHLRA) protects residents who rent a lot for their mobile or manufactured home within a park or community. The law outlines how and why a landlord can end your lease, and what your rights are if you receive an eviction notice.

• Homeowners who rent a lot are covered by the VMHLRA.
• If you rent both the home and the lot, you are usually protected by the Virginia Residential Landlord and Tenant Act.

When Can a Landlord Evict a Mobile Home Owner?

Landlords can only evict a mobile home owner from their lot for specific reasons defined by law. Common legal reasons include:

• Non-payment of lot rent
• Serious or repeated violation of park rules (with written notice)
• Failure to comply with the rental agreement after written notice and a chance to fix the issue
• Park closure or redevelopment (with at least 180 days written notice)

Landlords cannot evict you simply because you made a complaint, joined a tenant organization, or asked for repairs. This is known as protection against "retaliatory eviction."

Eviction Process and Your Rights

If your landlord is trying to end your tenancy, they must follow strict legal steps. Typically, the process is as follows:

• The landlord gives a written notice of the reason for eviction and the date by which the issue must be fixed (if possible).
• If the issue is not resolved, the landlord may file for eviction in court.
• You will receive a Summons for Unlawful Detainer, which tells you when to appear in court.
• You have the right to present your side in court.

Official Notice and Court Forms

Landlords must use formal notices and court forms during the eviction process. The most common are:

• 5-Day Notice to Pay or Quit: Used if you are late with lot rent. This written notice gives you 5 days to pay the rent due or move out. Example: If you fall behind on rent, your landlord gives you this notice before going to court. See sample language in the VMHLRA eviction sections.
• Summons for Unlawful Detainer (Form DC-421): This is the court form used to start the eviction process. You receive it when your landlord files with the court. It will state your hearing date. Official form: Summons for Unlawful Detainer (DC-421).
• Motion to Stay Writ of Eviction (Form DC-472): If you need more time to move your mobile home after an eviction judgment, you may ask the court to delay the actual eviction. Example: After losing your court case, you file this form for up to a 90-day delay. Official form: Motion to Stay Writ of Eviction (DC-472).

How to Respond If You Receive an Eviction Notice

If you get a notice or a court summons, take these steps to protect your rights:

• Read the notice carefully. Check the reason for eviction and the deadline.
• Fix the problem if possible (like paying back rent or correcting a rule violation).
• Keep all paperwork and document your communications.
• Consider contacting your local General District Court for information about your case.
• If you want to dispute the eviction, prepare your documents and show up for your court date.

Virginia Tenant Tribunal and Where to Get Help

Eviction cases are handled by the Virginia General District Court. This is where you would appear for your eviction hearing or file motions during the process.

Related Laws and Protections

• The Virginia Manufactured Home Lot Rental Act – for lot renters who own their home
• The Virginia Residential Landlord and Tenant Act – for those who rent both home and lot

These laws define required notice periods, reasons for eviction, and special protections for manufactured home owners in Virginia.

Frequently Asked Questions

1. How much notice must I get before being evicted from my lot in Virginia? Most evictions for non-payment of rent require a 5-day written notice. If the park is closing or being redeveloped, you must get at least 180 days’ notice.
2. Can my landlord make me move my mobile home immediately after an eviction judgment? Not usually. Virginia law allows you to request up to 90 additional days after judgment to move your home. You must file a Motion to Stay Writ of Eviction promptly.
3. What are my rights if my landlord is closing the park? You have the right to at least 180 days’ written notice and possible relocation help. Review the specific terms in the VMHLRA for your situation.
4. Do I have to leave without a court hearing? No. Your landlord cannot legally force you to leave without a court hearing and a judgment from the General District Court.
5. Are there official forms to help me delay eviction or respond in court? Yes. See Motion to Stay Writ of Eviction (DC-472) and Summons for Unlawful Detainer (DC-421), available from Virginia's official forms page.

Conclusion

• Virginia law gives special eviction protections to mobile home owners renting lots in parks.
• Eviction requires proper written notice and a court judgment.
• Official forms and legal resources are available to help mobile home owners respond and protect their rights.

Understanding your protections and using official resources can make a major difference if you receive an eviction notice. Reach out promptly for help if you need it.

Need Help? Resources for Renters

• Virginia General District Court locator – Find your court for eviction hearings and filing motions.
• Virginia Manufactured Home Lot Rental Act – Full text of laws protecting mobile home lot renters.
• Virginia Department of Housing and Community Development – Guidance and contacts for renters and homeowners.
• Virginia District Court Forms – Download eviction-related forms, including DC-421 & DC-472.

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1. Virginia Manufactured Home Lot Rental Act, Virginia Code § 55.1-1300 et seq.
2. Virginia Residential Landlord and Tenant Act, Virginia Code § 55.1-1200 et seq.
3. Summons for Unlawful Detainer (DC-421)
4. Motion to Stay Writ of Eviction (DC-472)

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