N.D.C.C. § 35-20-17 § 35-20-17
Landlord's mobile home lien - Penalty.
Operative Text
35-20-17. Landlord's mobile home lien - Penalty.
1. A landlord of a mobile home lot has a lien for accrued rents, storage, and removal
relating to any mobile home left on the lot after the tenant has vacated the premises
after an eviction or the expiration of the lease term. A lien under this section does not
have priority over a prior perfected security interest in the property. A holder of a lien
under this section may retain possession of the mobile home subject to the lien until
the amount due is paid.
2. For the lien or subsequent title obtained by the lienholder to be valid against a
good-faith purchaser, the landlord shall post a signed and dated notice of the lien on
the primary entrance to the mobile home. An individual who without authorization from
the landlord willfully removes the notice is guilty of a class B misdemeanor. The notice
of lien must contain the name and last-known address of the owner of the mobile
home, the name and post-office address of the lien claimant, the amount of the lien, a
description of the location and type of mobile home, and a recitation of the penalty
provisions of this section.
3. A lienholder may sell a mobile home thirty days after the lienholder mails notice of the
lien to the owner of the mobile home and secured parties of record. After the sale, the
lienholder shall forward to the former owner any money resulting from the sale of the
mobile home in excess of the amount owed to the lienholder for accrued rents,
storage, and removal relating to the mobile home. If the location of the former mobile
home owner is not known, any money from a sale in excess of the amount owed is
presumed abandoned under chapter 47-30.2.Under N.D.C.C. § 35-20-17, when a tenant vacates a mobile home lot after eviction or lease expiration and leaves a mobile home behind, the landlord acquires a lien on that mobile home covering unpaid rent, storage, and removal costs. The landlord may hold the mobile home until those amounts are paid, and after providing proper written notice to the owner and any secured parties, may sell the home if the debt remains unpaid after thirty days. Any sale proceeds beyond what is owed must be returned to the former owner, or treated as abandoned property under state law if the owner cannot be located. Unauthorized removal of the required lien notice posted on the mobile home's entrance constitutes a class B misdemeanor under this section.
Plain English — not legal advice.
Operators of mobile home lots in North Dakota should be aware that N.D.C.C. § 35-20-17 grants them a lien on any mobile home left behind after a tenant's eviction or lease expiration, covering accrued rent, storage, and removal costs. To preserve the lien's validity against good-faith purchasers, compliant landlords post a signed and dated notice on the mobile home's primary entrance containing all elements required by the statute, including the owner's name and address, the lien amount, and a description of the home. Before proceeding to a sale, landlords generally mail notice of the lien to the owner and all secured parties of record and wait the required thirty-day period, keeping careful records of any excess sale proceeds that must be returned or reported as abandoned under chapter 47-30.2.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 35-20-17 establishes specific procedural requirements a landlord must follow before selling a mobile home subject to a lien, including posting a compliant notice on the home's entrance and mailing written notice to the owner and secured parties at least thirty days before any sale. Tenants or former owners who believe a landlord has not followed these steps — such as failing to include all required information in the posted notice or not waiting the full thirty-day period — may have grounds to challenge the validity of the lien or any subsequent sale. Former owners are also entitled under this section to receive any sale proceeds that exceed the amount owed, and consulting a tenant-rights organization or legal aid service can help clarify available options if those funds are not returned.
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 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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