A tenant in the park has caused trouble over the years, by being involved in apparent drug transactions, ie cars coming and going late at night, staying just a few minutes, etc. They also are habitually late paying lot rent. After a number of other tenants complained, I finally gave them a 30 day notice of non-renewal of lease and just filed for a court hearing date.
I am wondering for those who have done this before, can I ask the judge to put in the order that they (or whoever they sell to) cannot move the mobile home till they pay all past due rent, along with all rent that becomes due between the time of the court hearing and the time that they move the mobile home. Is it also appropriate to ask for a specific order giving me a lien that must be satisfied prior to them moving it (as they were in the park on a verbal lease prior to my taking it over). Finally, can would the court likely grant an order requiring them to contact me prior to coming back on the property to move the mobile home, as opposed to just coming and going whenever they want.
Seems to me the court date you’ve got set is for a formal eviction, based on non renewal of lease/violation of community rules. Have you also specifically noted in the court filing the unpaid rents? If you can get a judgement on the past due rents, whether in this court hearing or a future one, you can then place a lien.
It might be helpful to know that an equitable remedy (eviction) is distinct from a money judgment. Sometimes these are handled in two different courts or two different proceedings within a court. If you get the eviction, you might not get the money judgment or vice-versa.
I think we customarily ask for a no-trespassing order in conjunction with the eviction, which won’t stop them from coming on the property but gives you ammunition when you call the police to report it.
If you get a money judgment, I believe it is customary for the judgment to include all “future” rent due until the judgment is satisfied (or the home leaves).
Once you get a judgment, you will have to “execute” the judgment as a separate step. Depending on your state laws, it may or may not be simple to attach a lien to the home, but just because you have the lien does not end the saga. Once you have the lien you have to enforce payment, and there’s nothing to stop someone from moving or trashing the home despite your lien unless you are vigilant.
Don’t expect your deadbeat tenant to care about your legal rights, and don’t expect mobile home movers to look out for your interests. Once the home is hooked up and gone, what do they care?
Once you get the eviction, if the home is not moved out you should expect it to be abandoned and you’ll have to go through your state’s process/procedure for that. It might be simpler to buy them out and save yourself the hassle. (Wait until post-judgment though).
Next time you have someone that is paying late, start your due diligence immediately and keep track, follow your laws to get them out in shortest legal ability possible, and just work the laws.
Each state is so different in what they do and don’t allow for failure to pay. My state requires full default on first written notice or 3 in 12 consecutive months, and we can boost them out.
Always go for the easiest route that allows your process to go fastest, if drug traffic can be proven, or nuisance behavior is proven, and that is easiest, go for it. If its failure to pay, boost them. Watch the trends, know your laws, and get someone in the park that wants to follow the rules and pay the money.
Hope it ended up going ok for you, I’ve had some of these in my work too, no fun
