                                 CODE OF VIRGINIA

RENT; LIABILITY OF SECURED PARTY TAKING POSSESSION OF AN ABANDONED MANUFACTURED
HOME (§ 55.1-1305)

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 &#xA7; 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 &#xA7;
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&#8217;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
&#xA7;&#xA7; 8.9A-610 through 8.9A-624 or under the applicable security
agreement.

D. This section shall not affect the availability of the landlord&#8217;s lien
as provided in &#xA7; 55.1-1316, nor shall this section impact the priority of
the secured party&#8217;s lien as provided in &#xA7; 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.

HISTORY: 1991, c. 500, § 55-248.44:1; 1992, c. 709; 2019, c. 712.