Utah Code § 57-16 § 57-16-9
Lienholder's liability for rent and fees.
Operative Text
Lienholder's liability for rent and fees. (1) Notwithstanding Sections 38-3-2 and 70A-9a-402, the lienholder of record of a mobile home, or if there is no lienholder, the owner of a mobile home, is primarily liable to the mobile home park owner or operator for rent and service charges if a mobile home is not removed within 10 days after receipt of written notice that a mobile home has been abandoned, as defined in Section 57-16-13, or that a writ of restitution has been issued. The lienholder or owner of a mobile home, however, is only liable for rent that accrues from the day the lienholder or owner of a mobile home receives notice. Rent shall be paid on a monthly basis on the due date established in the lease agreement. The lienholder or owner of a mobile home is not responsible for any rent if the mobile home is removed within 10 days after receipt of the notice. (2) If the lienholder pays rent and service charges as provided by this section, the lienholder shall have the unconditional right to resell the mobile home within the park, subject to the purchaser being approved for residency by the park, which approval cannot be unreasonably withheld, and subject to Subsection (4). If the lienholder or owner of a mobile home does not commence paying rent and service charges to the mobile home park within 30 days after receipt of a written notice provided by Subsection (1), the mobile home park may require the lienholder or owner of a mobile home to remove the mobile home from the park and the lienholder or owner of a mobile home shall be liable for all rent which accrues from the date of the notice to the date the mobile home is removed from the park. (3) The notice required under Subsection (1) shall be sent to the lienholder or owner of a mobile home by certified mail, return receipt requested, and shall inform the lienholder or owner of a mobile home that the mobile home park may require the lienholder or owner of a mobile home to remove the mobile home from the park if the lienholder or owner of a mobile home has not commenced paying rent and service charges to the park within 30 days after receipt of the notice. (4) The mobile home park may require the lienholder to remove a mobile home covered by this section from the park if the mobile home, at the time of sale, is in rundown condition or disrepair, if the mobile home does not meet the park's minimum size specifications, or if the mobile home does not comply with reasonable park rules. The lienholder shall have 60 days to make repairs and comply with park rules after notice of required repairs and rule violations is given to the lienholder by the park owner or its agent. (5) If a lienholder or owner of a mobile home does not commence paying rent and service charges to the park within 30 days after receipt of a written notice provided under Subsection (1), and if the lienholder or owner of a mobile home does not remove the mobile home from the park within the 30-day period, the park has the right to immediately remove the mobile home from the park and store it on behalf of the lienholder or owner of a mobile home. The mobile home park has the right to recover moving and storage costs from the lienholder or owner of a mobile home. (6) The prevailing party is entitled to court costs and reasonable attorney fees for any action commenced to enforce any rights under this section. (7) If a lienholder pays rent and service charges as provided in Subsection (2), the mobile home is not considered abandoned under Section 57-16-13; however, the personal property in the mobile home is considered abandoned.
Utah Code Ann. § 57-16-9 establishes that when a mobile home is abandoned or subject to a writ of restitution, the recorded lienholder—or the owner if no lienholder exists—becomes primarily responsible for ongoing rent and service charges to the mobile home park if the home is not removed within 10 days of receiving written notice. Liability for rent begins on the day notice is received, not before, and is billed monthly according to the existing lease terms. If the lienholder or owner begins paying within 30 days of notice, they gain the right to resell the home within the park; if they do not, the park may compel removal or physically remove and store the home at the lienholder's or owner's expense. The prevailing party in any court action to enforce rights under this section may recover court costs and reasonable attorney fees.
Plain English — not legal advice.
Mobile home park owners and operators operating under Utah Code Ann. § 57-16-9 generally send written notice—by certified mail with return receipt—to the lienholder of record (or owner) as soon as a home is determined to be abandoned under § 57-16-13 or a writ of restitution is issued, since the 10-day and 30-day response windows begin upon the lienholder's or owner's receipt of that notice. Compliant operators track whether the lienholder or owner commences rent and service-charge payments within 30 days, and document the home's condition relative to park size specifications and rules before allowing any resale within the park. Parks that ultimately remove and store an unclaimed home under this section keep detailed records of moving and storage costs, as those amounts are recoverable and any enforcement action may also yield court costs and attorney fees under Subsection (6).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 57-16-9 primarily governs the financial relationship between a mobile home park and a lienholder or owner of a mobile home after abandonment or a writ of restitution—it is not a provision that directly regulates a current tenant's rent obligations. However, tenants who have a lienholder on their mobile home, or who are navigating an abandonment or restitution situation, may find it useful to understand that the lienholder's rights—including the right to resell the home within the park under Subsection (2)—can affect their housing circumstances. Individuals in these situations can consult a tenant-rights organization or legal aid provider familiar with Utah mobile home park law to understand how § 57-16-9 interacts with their specific lease and any pending park actions.
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.
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Rules and statutes that cite this regulation