Cal. Civ. Code § 55.1-1305
Rent; liability of secured party taking possession of an abandoned manufactured home.
Operative Text
A. A secured party shall have no liability for rent or other charges to a landlord except as provided in this section. B. In the event that a manufactured home subject to a security interest becomes an abandoned manufactured home, the landlord shall send notice of abandonment to the manufactured home owner, the secured party, and the dealer as provided for in § 55.1-1202 at the addresses shown in the written rental agreement or rental application. The notice of abandonment shall state the amount of rent and the amount and nature of any reasonable charges in addition to rent for which the secured party will be liable. The notice shall include any written rental agreement previously signed by the tenant and the landlord. C. A secured party that has a security interest in an abandoned manufactured home, and that has a right to possession of the manufactured home under § 8.9A-609 or under the applicable security agreement, is liable to the landlord under the same payment terms as the tenant prior to the secured party's accrual of the right of possession and for any other reasonable charges in addition to rent incurred. Such liability is for the period that begins 15 days from receipt of the notice of abandonment by the secured party and ends upon the earlier to occur of the removal of the abandoned manufactured home from the manufactured home park or disposition of the abandoned manufactured home under §§ 8.9A-610 through 8.9A-624 or under the applicable security agreement. D. This section shall not affect the availability of the landlord's lien as provided in § 55.1-1316 , nor shall this section impact the priority of the secured party's lien as provided in § 46.2-640 . E. Any rent or reasonable charges in addition to rent owed by the secured party to the landlord pursuant to this section shall be paid to the landlord prior to the removal of the manufactured home from the manufactured home park. F. If a secured party that has a secured interest in an abandoned manufactured home becomes liable to the landlord pursuant to this section, then the relationship between the secured party and the landlord shall be governed by the rental agreement previously signed by the tenant and the landlord unless otherwise agreed, except that the term of the rental agreement shall convert to a month-to-month tenancy. No waiver is required to convert the rental agreement to a month-to-month tenancy. Either the landlord or the secured party may terminate the month-to-month tenancy upon giving written notice of at least 30 days. The secured party and the landlord are not required to execute a new rental agreement. Nothing in this section shall be construed to be a waiver of any rights by the tenant.
Virginia Code § 55.1-1305 governs the financial relationship between a manufactured home park landlord and a secured party (such as a lender) when a manufactured home is abandoned. Once a landlord sends proper notice of abandonment, a secured party with the right to repossess the home becomes liable for rent and reasonable charges starting 15 days after receiving that notice, and that liability continues until the home is removed or disposed of under applicable law. The secured party's obligations are governed by the original tenant's rental agreement, which automatically converts to a month-to-month tenancy, and either party may end that tenancy with at least 30 days' written notice. The section does not extinguish the landlord's lien rights or the secured party's lien priority under other Virginia statutes.
Plain English — not legal advice.
Under Va. Code § 55.1-1305, landlords who discover an abandoned manufactured home subject to a security interest are generally expected to send a written notice of abandonment to the home's owner, the secured party, and the dealer at the addresses on file in the rental agreement or application. That notice must specify the amount of rent and any reasonable additional charges for which the secured party will be liable, and it should include a copy of the existing written rental agreement. Compliant operators ensure that all rent and reasonable charges owed by the secured party are collected before the home is removed from the park, and they understand that the existing rental agreement converts automatically to a month-to-month tenancy without requiring a new agreement or a formal waiver.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1305 explicitly states that nothing in this section constitutes a waiver of any rights held by the tenant, meaning a tenant's legal protections are preserved even when a secured party steps into a financial relationship with the landlord over an abandoned manufactured home. Tenants who believe their rights under the original rental agreement or other Virginia landlord-tenant law have been affected by proceedings under this section may want to review those rights with a tenant-rights organization or legal aid provider familiar with manufactured housing law. General enforcement paths can include raising relevant lease or statutory protections in any proceeding that affects the tenancy, and consulting resources such as Virginia's legal aid network for guidance on how § 55.1-1305 interacts with other tenant protections.
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 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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