Q: After being served an eviction and given a date. Do we forfeit the right to sell our mobile home?
The house is ours no lean
A:
In the eyes of the state, a mobile home is a vehicle. That is why you have a vehicle title to the home when you own it. If you are being evicted from the mobile home park, they either have a problem with you or your mobile home, or both.
If you own the mobile home, selling it is always a possibility. The question is whether the park will allow the buyer to stay there with the mobile home. You will have to communicate with the park owner and explain your desire to sell and ask if they will accept a new owner and allow them to rent the land the mobile home is sitting on.
Evictions require an order from a court. If the "Eviction Notice" you received is not a stamped order of a Utah court, then you haven't been evicted yet. The owner would still need to go to court and argue that you are breaking your agreement with them in some way, usually by not paying monthly rent. If you do not have an order, then you only have a notice that must expire before the land owner can even start the eviction process by filing a claim in state court. This process will still normally take a few weeks before an order is produced and you are forced to leave by an officer. You can get free legal help from www.utahlegalservices.org if you qualify based on financial difficulty.
Currently, due to covid, the Federal Center for Disease control has issued an order preventing all landlords from evicting a tenant for failure to pay rent. Any other reason, such as being a nuisance to your neighbors, allows for evictions, but must still be proven in court. If the notice is only for failure to pay rent, then you can stop the eviction. This hold on evictions will last until December 31, 2020.
https://www.utcourts.gov/howto/landlord/eviction.html#:~:text=CDC%20Eviction%20Moratorium,and%20give%20it%20to%20you.
To get protection from eviction under this law, you must go to the link below and print out the form and complete it and sign it and deliver it promptly to the owner of your mobile home park.
https://www.utcourts.gov/howto/landlord/docs/Declaration_CDC_Evictions.pdf
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