Ala. Code §§ 35-12A-1 to 35-12A-15 § 35-12A-13
Rights and Obligations of Lienholders.
Operative Text
If a lienholder makes a timely response to a notice of abandoned manufactured dwelling, as provided for in Section 35-12A-4, and so requests, a manufactured dwelling community owner shall not sell the manufactured dwelling for a period of 12 months. During this period, or until the manufactured dwelling is removed from the manufactured dwelling community owner’s premises, the lienholder must make timely periodic payments of all reasonable and actual storage or rental fees which accrue after the expiration of the 30-day notice period and which shall be no greater than the monthly space rent last payable by the tenant. The lienholder shall have the right to remove or sell the manufactured dwelling, pursuant to the provisions of any agreement with the owner of the dwelling or as otherwise allowed by law. The manufactured dwelling community owner may condition approval for occupancy of any purchaser of the manufactured dwelling upon payment of all storage charges and maintenance costs which accrued after the expiration of the 30-day notice period or verification that the new tenant qualifies for rental consistent with the rental criteria in existence at the time of execution of the manufactured dwelling community owner’s rental agreement. If the lienholder fails to respond to the notice of abandoned manufactured dwelling within 45 days of receipt, or after making a response, fails after 10 days’ written notice from the manufactured dwelling community owner, to make timely payments, the manufactured dwelling community owner may proceed to sell the manufactured dwelling pursuant to Section 35-12A-8. If the lienholder responds to the 30-day notice, and requests that the manufactured dwelling community owner not sell or dispose of the manufactured dwelling, the lienholder shall be obligated to pay the manufactured dwelling community owner the storage or rental fees which accrue beginning after the expiration of the 30-day notice period until the expiration of the 12-month period or the date the manufactured dwelling is removed from the premises or sold pursuant to Section 35-12A-8, whichever is earlier, plus the manufactured dwelling community owner’s reasonable attorneys’ fees and costs incurred in enforcing this obligation of the lienholder. The provisions of this section may be changed by agreement signed by the manufactured dwelling community owner and lienholder.
Alabama Code § 35-12A-13 governs the relationship between manufactured dwelling community owners and lienholders (such as lenders with a security interest in a home) when a manufactured dwelling is abandoned. When a lienholder timely responds to an abandonment notice and requests a hold on sale, the community owner must pause any sale for up to 12 months, but the lienholder becomes responsible for paying ongoing storage or rental fees—capped at the last monthly space rent the tenant paid—starting after the initial 30-day notice period expires. If the lienholder fails to respond within 45 days or stops making required payments after a 10-day written warning, the community owner may proceed to sell the dwelling under § 35-12A-8. The parties may modify these default rules by a signed written agreement.
Plain English — not legal advice.
Under § 35-12A-13, manufactured dwelling community owners who receive a timely lienholder response requesting a sale hold are generally expected to honor that 12-month pause while collecting storage or rental fees—not to exceed the last monthly space rent—from the lienholder once the 30-day notice period lapses. Compliant operators typically track payment deadlines carefully, issue the required 10-day written notice before treating a lienholder as in default, and document all accrued storage charges and maintenance costs. Community owners may also condition any new occupant's approval on payment of those accrued charges or on verification that the prospective tenant meets the community's standard rental criteria, and may seek reasonable attorneys' fees and costs if they must enforce the lienholder's payment obligation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Although § 35-12A-13 primarily addresses the rights and duties of lienholders and community owners after a dwelling is deemed abandoned, former tenants and prospective purchasers of an abandoned manufactured home may be affected by its terms. A prospective buyer of such a dwelling should be aware that the community owner may require payment of all storage charges and maintenance costs that accrued after the 30-day notice period, or proof that the buyer meets the community's rental criteria, before approving occupancy. Anyone with questions about how this provision applies to their circumstances—including whether a dwelling was properly declared abandoned under the related sections of Ala. Code §§ 35-12A-1 to 35-12A-15—may wish to consult a tenant-rights organization or legal aid office familiar with Alabama manufactured housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation