TITLE 31
Motor and Other vehicles

CHAPTER 31-44.2
Abandoned Mobile and Manufactured Home Act

SECTION 31-44.2-5


§ 31-44.2-5 Order for removal of an abandoned mobile or manufactured home.

(a) An action for the removal of an abandoned mobile or manufactured home may be commenced by a landowner/licensee/municipality if a mobile or manufactured home has been abandoned and the following conditions have been met:

(1) The mobile or manufactured home is not entitled to be situated on the property of the landowner/municipality/licensee; and

(2) The mobile or manufactured home is:

(i) Not connected to electricity or not connected to a source of safe potable water supply sufficient for normal residential needs, or both; or

(ii) Not connected to an adequate wastewater disposal system; or

(iii) Unoccupied for a period of at least one hundred twenty (120) days and for which there is clear and convincing evidence that the occupant does not intend to return; or

(iv) So damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a hazard to the health and safety of the occupants or the public.

(b) The action shall be commenced by filing a thirty-day (30) notice for removal of the mobile or manufactured home, which shall be filed in the appropriate court according to the form provided in § 31-44.2-8.

(c) Prior to filing the complaint, the plaintiff shall send a notice in the form provided in § 31-4.2-8 and therein shall specify that the defendant has thirty (30) days from the date notice is mailed therein to remedy the allegations in the complaint and that if he or she fails to do so within that time, suit for possession shall be commenced in accordance with § 31-44.2-4.

(d) If the court finds that the defendant failed to remedy the allegations contained in the complaint to the satisfaction of the court, the court shall issue an order for the removal of the abandoned mobile or manufactured home in accordance with this chapter.

History of Section.
(P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.)