Selling a manufactured home in Idaho
What Idaho's Manufactured Home Residency Act says about selling in place: the ban on forced removal, the landlord approval process, the 5-day response rule, and lien-sale procedures under §§55-2009 and 55-2009A through 55-2009F.
Published June 3, 2026
Idaho's Manufactured Home Residency Act (Idaho Code Title 55, Chapter 20) includes dedicated provisions protecting a resident's right to sell a manufactured home while it remains on a rented lot. It also sets out the landlord's approval process, limits on commissions, and procedures for lien sales of abandoned homes. The description below explains how those provisions generally work; for a specific sale, consider consulting a licensed attorney in Idaho.
What the statute says
The primary section is Idaho Code §55-2009, "Sales of homes and transfer of lots." Subsection (1) is the foundation:
No landlord shall deny any resident who owns his home the right to sell the home on a rented lot or require the resident to remove the home from the lot solely on the basis of the sale.
On commissions, subsection (2) prohibits landlords from charging a fee or commission for a sale unless the landlord has "formally agreed in writing to act as the seller's agent" and holds any required real estate license.
On the approval process, subsection (3) requires a new rental agreement between the landlord and a prospective buyer before the sale is completed if the home is to remain in the community. Subsection (4) provides:
The landlord shall approve or disapprove of the transfer, assignment or subletting of the home lot on the same basis that the landlord approves or disapproves of any new resident.
Written notice of approval or disapproval must be provided within five working days.
On removal, subsection (5) states a home may not be removed until all rent and charges are paid, or the §55-2009A procedures have been completed and the landlord notified.
For situations where a resident has abandoned the home and rent is in arrears, §55-2009A limits the landlord to recovering a maximum of 60 days' back rent from any lienholder before a lien sale process, and requires the landlord to notify the lienholder in writing when the resident is 60 days in arrears or abandonment is suspected.
How it works in general
The Manufactured Home Residency Act balances the landlord's interest in approving the incoming resident with the seller's interest in realizing the value of the home without being forced to remove it. The landlord retains the right to approve the buyer, but the approval must be on the same criteria used for any new applicant, and the decision must be communicated within five working days. A sale proceeds in two parts: the transfer of home ownership (handled through the Idaho Department of Transportation title system) and the lot — which requires a new rental agreement with the incoming resident.
Common scenarios
General situations Idaho manufactured home sellers commonly encounter:
- A resident lists a home for sale and the park manager says the home must be removed first. Under §55-2009(1), removal cannot be required solely because the home is being sold; the home may be sold in place.
- A park attempts to take a percentage of the sale proceeds as a community fee. Under §55-2009(2), a commission is only permitted if the landlord has formally agreed in writing to serve as the seller's agent and holds required licenses.
- A prospective buyer submits an application to lease the lot. Under §55-2009(4), the landlord has five working days to respond in writing with approval or disapproval.
- A seller wants to move the home off the lot after the sale. Under §55-2009(5), all outstanding rent and charges must be paid — or §55-2009A procedures completed — and a signed written clearance from the landlord obtained before removal.
Other authorities that may apply
Chapter 20 is the primary authority for in-park sales, but it is not the only one. The Idaho Department of Transportation's title transfer process governs the change of legal ownership in the home itself (Title 49, Chapter 5). If the home is subject to a lender's lien, the lienholder's rights under §55-2009A through §55-2009F are relevant. The written rental agreement between the seller and the landlord may include additional provisions about sale procedures. Federal regulations under the HUD Code and the Fair Housing Act can also apply depending on circumstances.
Frequently asked questions
- Can an Idaho park force a resident to remove a manufactured home just because it is being sold?
- No. Idaho Code §55-2009(1) states: 'No landlord shall deny any resident who owns his home the right to sell the home on a rented lot or require the resident to remove the home from the lot solely on the basis of the sale.' The statute protects the resident's right to sell in place.
- Can an Idaho park charge a commission on the sale of a resident's home?
- Under §55-2009(2), a landlord cannot charge a commission or fee in connection with the sale unless the landlord has formally agreed in writing to serve as the seller's agent and holds any required real estate license. Simply owning the community does not entitle the landlord to a sales commission.
- How long does the park have to approve or reject a prospective buyer?
- Idaho Code §55-2009(4) requires the landlord to provide written notice of approval or disapproval of a prospective buyer within five working days of the application. The landlord must evaluate the buyer on the same criteria used for any new resident.
- Can a home be removed from the lot before rent is paid off?
- Under §55-2009(5), a home generally cannot be removed until all rent and charges are paid in full, or the procedures in §55-2009A have been completed and the landlord has been notified. A signed written clearance from the landlord showing all amounts paid is required for removal.