Eviction Dilemma: Caught between court judgement and tax assessor


#1

Never encountered a situation like this, but i’m hoping the more experienced folks here might be able to offer some advice:

A tenant that owns their own home in my park is behind on lot rent. Worst yet, they are the singular bad apple in what was previously a problem park but that i have steadily managed to turnaround. I have a judgment and can evict, but several issues are at play:

  1. I would obviously prefer not to evict, although i clearly do not want the current tenants to remain. The ideal scenario is to purchase the home from them, have them move out and then resell the mobile home. I have offered to purchase it, but they show no interest in selling.
  2. Although i have won my court case, i am being told by the tax assessor that i cannot have the home moved, even if i choose to do it at my own cost. They owe back taxes ($6k) for several years, and as such those property taxes must be satisfied before a permit will be issues allowing the home to be moved. Of course, the tenant has no interest in paying those back taxes, let alone my lot rent. So i’m essentially caught between the court judgment saying yes you can move it, and the tax assessor saying no you cannot.
  3. I would hope for a tax sale at which i could gain control of the home, but there are no plans for a tax sale. The county tax records on mobile homes seem to be a mess, and the tax assessor does not feel they are in a position to more forward on a tax sale.

Again, best case scenario is to get rid fo the tenants but not the home, but i don’t see a path forward to make this happen.

Anyone else ever encountered such a situation? Any and all advice would be welcome.


#2

In my opinion sooner or later you just have to take action (right or wrong). I say evict and move it to a storage lot of some sort, Call taxman and tell him where he can get it. But that’s just me. I try to follow rules, but when the rules don’t make sense I break them.


#3

I don’t know what this home is worth, but your best case is that the home is worth 6K + the late lot rent and that you buy the home from the tenant so that they move out and you have the home free and clear.

Other option is to evict and then declare the home abandoned. In Texas you have to notify the owner and all lien holders when you file for abandonment on your property. Since the County would be a lienholder in your scenario they would be responsible to move it within 45 days or otherwise forfeit their right to have a lien. Your state may or may not have a similar process.


#4

Do the eviction immediately. You are not receiving any rent and until you move forward their is absolutely no reason why the tenant would have any incentive to resolve the situation.
If you want movement evict her immediately and let the home sit on the lot. Once she is homeless she will be more motivated to sell.
You then must be diligent to insure she does not sell it to someone else that expects to move in without your approval.
Bottom line is that you have a process in place that you must follow through on…evict now, deal with the ownership of the home later.


#5

I would love to be able to evict and then deal with an empty home. Problem is in this specific county in Georgia landlord is responsible to move the entire house out of the park at my own expense. I would love to be corrected by other Park owners with experience in Georgia.


#6

This seems particularly relevant to you, and it’s not clear to me who bears the burden of moving the home if the tenants won’t pay. Contact an attorney or your MHA to get more information:

https://law.justia.com/codes/georgia/2010/title-44/chapter-7/article-3/44-7-59/

It also says you are “entitled” to move the home, but not required.


#7

Based on what I read the home can remain on the lot until such time as it is sold, home owner removes it or the landlord decides to remove it. If the landlord decided to remove it, which would be a last resort, they can place a lien on the home to collect the moving costs.
Legal confirmation would be required.
Once the tenant is evicted the landlord would be able to apply what ever leverage is required.
Priority one, in my opinion, would be to complete the eviction. Until then you have a unwanted tenant living for free.