SB105 Alabama 2014 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2014

Title

Manufactured homes, abandoned, storage and sale of further provided for, notice to tenants and lienholders, Sec. 35-12A-9 repealed; Secs. 35-12A-1, 35-12A-2, 35-12A-3, 35-12A-4, 35-12A-5, 35-12A-6, 35-12A-7, 35-12A-8, 35-12A-10, 35-12A-11, 35-12A-12, 35-12A-13, 35-12A-14 am'd.

Summary

SB105 updates Alabama law on abandoned manufactured homes in mobile home communities, defining abandonment, tightening notices, and detailing storage, sale, and proceeds for tenants, lienholders, and owners.

What This Bill Does

It defines an abandoned manufactured dwelling as 30 days of tenant absence after lease default, termination, expiration, or a court-ordered vacancy. It requires enhanced notices to tenants and lienholders, shortens the time for tenants to respond (to 30 days), and mandates certified/mail notice to lienholders 14 days before sale. It specifies storage responsibilities and charges, allows sale of abandoned property with defined procedures, and outlines how sale proceeds are allocated, including deductions for unpaid rents and costs and distributions to lienholders and tenants; it also allows owners to require new purchasers to meet existing rental criteria and repeals an older section on disposal.

Who It Affects

• Tenants in manufactured dwelling communities (and their personal representatives in death) who may be deemed to have abandoned their dwelling and whose property could be stored or sold if they do not respond to notices.
• Manufactured dwelling community owners and lienholders who must follow stricter notice, storage, and sale procedures, handle storage charges, and manage the distribution of sale proceeds and possible lienholder protections.

Key Provisions

• Abandoned dwelling defined as 30 days of tenant absence after lease default, termination, expiration, or court-ordered vacancy.
• Notice to tenants may be affixed on the dwelling door; notice must include additional information and reduce the response window from 45 to 30 days.
• Copy of the notice must be sent to lienholders by certified or registered mail no later than 14 days before the sale.
• Unpaid rental fees may be deducted from sale proceeds, subject to lien priority rules.
• Owner may condition occupancy approval for a purchaser on meeting rental criteria existing at the time of the original rental agreement.
• Owner must store the abandoned dwelling and tenant personal property; storage charges may be assessed, limited to the last monthly space rent.
• If the tenant or lienholder fails to respond as required, the dwelling may be sold; if a lien has priority, Section 35-12A-13 applies.
• Public notices must be published in a newspaper for two weeks prior to sale, including key details about the dwelling, owners/tenants, sale method, and contact information.
• Sale proceeds distribution prioritizes costs, storage, unpaid rent (if permitted by lien priority), attorneys’ fees, taxes, then lienholders, with any remaining funds to the tenant or owner.
• Lienholders have protections such as a 12-month hold if they timely respond to abandonment notices and must cover subsequent storage charges; owners may require payment of these charges and may condition occupancy on payment.
• Section 35-12A-9 is repealed; related provisions and procedures are updated across 35-12A-1 through 35-12A-14.
• Effective date is the first day of the third month after approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mobile Homes