Short Answer

In North Carolina, a landlord may not immediately dispose of a deceased resident’s mobile home. If you are the landlord of the dwelling unit, you can use a specific court-filed affidavit process that requires (1) waiting at least 10 days after the paid rental period ends before filing, (2) storing the property for 90 days after filing, and (3) giving at least 7 days’ posted and clerk notice before any sale. If you only lease the lot and do not rent the home itself, different rules apply and you generally cannot dispose of the home under this process.

Understanding the Problem

In North Carolina, can a mobile home park owner dispose of a deceased resident’s mobile home, and what notice and waiting periods apply? Here, attempts to reach heirs and any executor have failed. You need to know whether you can act now, who must be notified, and how long you must wait before removal, donation, or sale.

Apply the Law

North Carolina provides a structured path for landlords when a deceased residential tenant leaves tangible personal property behind. If you are the landlord of the dwelling unit, you may file a court-approved affidavit to take custody of the decedent’s tangible personal property, then store it and later sell or donate it if no estate fiduciary appears. Key timing applies: a 10-day wait after the paid rental period expires before filing, a 90-day hold after filing before disposal, and a 7-day pre-sale notice and posting. The forum is the Clerk of Superior Court in the county where the unit is located. Title issues for the mobile home itself may require separate steps through the estate’s personal representative or, in narrow circumstances, the DMV.

Key Requirements

• Who may file: The landlord of the dwelling unit may file a specific affidavit with the Clerk of Superior Court to take possession of a deceased tenant’s tangible personal property.
• 10-day pre-filing wait: You must wait at least 10 days after the paid rental period (or lease term) expired before filing the affidavit.
• Notice after filing: Mail a copy of the filed affidavit to the tenant’s listed emergency contact; if none, post notice at your rental office and at the courthouse.
• 90-day hold: After filing, you may remove and store the property, but must hold it for 90 days before sale or donation, unless a personal representative or other fiduciary appears.
• 7-day pre-sale notice: At least 7 days before any sale, give written notice to the Clerk and post notice at the courthouse and your rental office.
• Accounting and surplus: Apply proceeds to allowed charges; pay any surplus to the Clerk and provide an accounting.
• Title to the mobile home: Disposing of or transferring title to the mobile home itself generally requires a personal representative’s authority or specific DMV procedures; spousal survivorship rules may apply.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-25-7 (Deceased tenant’s property) – Affidavit process; 10-day wait, 90-day hold, and 7-day pre-sale notice/posting.
• North Carolina Gen. Stat. § 20-77 (DMV transfer when estate doesn’t justify administration) – Limited title transfer mechanism; creditor liens preserved.
• North Carolina Gen. Stat. § 41-56 (Tenancy by the entirety in a mobile home) – If titled to spouses, the survivor becomes owner by operation of law.

Analysis

Apply the Rule to the Facts: Because you manage a mobile home community and the resident has died, first confirm whether you are the landlord of the dwelling unit or only the lot. If you rented the dwelling unit (the home), you may use the affidavit process: wait at least 10 days after the paid rental period, file with the Clerk, give required notice, store the property for 90 days, then after that window and with 7-day pre-sale notice, sell or donate. If you only lease the lot and not the home, the affidavit process does not authorize disposing of the home; you will likely need to proceed through estate or title channels.

Process & Timing

1. Who files: Landlord of the dwelling unit. Where: Clerk of Superior Court in the county where the unit is located. What: AOC-E-450, Affidavit For Removal Of Personal Property Of Deceased Residential Tenant. When: File only after at least 10 days have passed since the paid rental period expired.
2. After filing and paying the fee, send a copy of the filed affidavit to the tenant’s emergency contact. If no contact is listed, post notice at your rental office and at the courthouse. Remove the property and store it; hold for 90 days. County practices on scheduling and posting areas can vary.
3. After the 90th day, if no personal representative, collector, or receiver has been appointed and no collection affidavit has been filed, either (a) sell (with at least 7 days’ posted and clerk notice) and pay any surplus to the Clerk with an accounting, or (b) donate to an appropriate nonprofit and submit an accounting to the Clerk.

Exceptions & Pitfalls

• Lot lease only: If you lease only the lot and do not rent the home, the deceased-tenant affidavit does not authorize you to dispose of the mobile home itself. Separate landlord-tenant, lien, or manufactured-home statutes may apply; timing and notices differ.
• Estate fiduciary appears: If a personal representative, collector, or receiver presents authority before you dispose, you must turn over the property.
• Spousal title or survivorship: If the home is titled to spouses, it may pass to the survivor by statute; if jointly titled with survivorship, the survivor may control title. Do not sell or remove without verifying ownership.
• DMV/title issues: You generally cannot transfer or scrap the home without proper title. A limited DMV process may be available in narrow circumstances; creditor liens are not extinguished by that transfer.
• Low-value exception: The sub-$500 shortcut applies only to small amounts of tangible personal property left in a dwelling, not a mobile home.

Talk to a Probate Attorney

If you’re dealing with a deceased resident’s mobile home and need to understand the notice and waiting periods to dispose of it, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.