FEMA...Tenant...Moving...MH...Have You Had FEMA In Your MHP?

mobile home university
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Question:

  • “Are there any MHP Owners who have FEMA give letters stating that a Tenant’s Mobile Home can stay at their MHP for free while the Mobile Home is waiting to be moved?”
  • “If yes, how did it play out?”
  • “If no, are there any MHP Owners who had Tenants collect from FEMA and how did that play out?”

Here are the details:

We have a Tenant who owns their own MH.

Our state recently had a 1,000 year flood.

Our MHP property is actually on the highest area topographically.

However, we did have a lot of water flowing down the streets to the ditches (as a result of the 1,000 year rain).

In the past this Tenant had water line issues in their MH (which caused lots of water damage prior to the 1,000 year flood).

After the 1,000 year flood FEMA came in to our state to help those in need.

Thus, our Tenant went to FEMA for help.

Our Tenant now is getting the following from the government:

  • $900 For Rent
  • New Mobile Home
  • Existing Mobile Home Moved

We have filed eviction papers on this Tenant, because we have not received November 2015 Rent.

Today we get a call from FEMA telling us that they are paying to have this Tenant’s MH moved and that we need to be patient while FEMA moves it.

We understand that if someone files bankruptcy then the Outstanding Lot Rent prior to the bankruptcy can not be evicted upon.

However, this is not a bankruptcy.

Currently, we are not aware of any laws that state that a Tenant receiving FEMA money is allowed to keep their MH on your property for free.

We are planning on going forward with the eviction.

We were just wondering if anyone has encountered this issue or dealt with FEMA.

Thanks So Very Much!

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Have you asked them to cite the law that requires you to let them live there for free?

I would likewise proceed with the eviction.

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@Coach62 , thank you for your response.

When the FEMA worker called, we asked the FEMA worker to send us documentation.

We are still waiting on the FEMA documentation.

Meanwhile, the Eviction Process continues.

Also, next Monday his Mobile Home was scheduled to be sold by the County for Delinquent Taxes. However, it does appear that he has managed to pay his Delinquent Taxes.

Thanks So Very Much!

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@Kristin what was the outcome of this? Was the eviction successful or were you forced to let Tenant occupy for free until MH removal?

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@jhutson , as per your question:

  • “What was the outcome of this? Was the eviction successful or were you forced to let Tenant occupy for free until MH removal?”

In South Carolina we have a 2 part eviction process.

We did the first part of the eviction (which allows the Tenant to request a hearing). No hearing was requested by the Tenant.

We did the second part of the eviction and the Constable posted the second part of the eviction on their door.

This second part of the eviction gives the Tenant 24 hours to vacate the Mobile Home.

After the 24 hours the Landlord gets the final eviction papers.

The Tenant had completely moved out of the mobile home months ago (and stopped paying rent). The Tenant is actually living in a hotel (courtesy of the government at $900 a month).

The power has been turned off on the Mobile Home and the Mobile Home sits vacant on our property.

We desire to do everything by the letter of the law. Thus, my Husband mentioned to the Constable that a person who “said” that they were from FEMA had called him.

Well, apparently the local government is afraid of FEMA.

Thus, between the 24 hour notice posted on the door and our official eviction papers we instead got a hearing with the Magistrate scheduled with the Tenant.

Please NOTE: We have NEVER (and the local government has NEVER) received any written documentation from FEMA (no email, no fax, no letter) and NO written documentation from the Tenant from FEMA. My husband just received some phone call from someone who said that they were from FEMA.

Please NOTE: We own the mobile home next door to this Tenant (approximately 10 feet away). We did NOT have any flooding damage to our mobile home. This Tenant had lots of interior water leaks in their plumbing long before South Carolina’s 1,000 year flood.

Please NOTE: I pulled up a FEMA Q3 Flood Data Map. The area where our MHP is located is called “Pleasant Hills”. Yes, that would be “Hills”. Actually on the Topo Map there is a high point in the middle of our MHP and it drains to either the vacant property behind our MHP or to the drainage ditch at the front of the MHP.

The hearing with the Magistrate was scheduled for the next week.

My Husband showed up early for the hearing only to find that the Tenant did NOT show up.

The Magistrate then said that they would need to file on the Tenant again and give the Tenant another 20 days before we could start charging storage fees and go through the abandonment process.

However, the hearing was scheduled on December 15th and magically there is a “Christmas Break” for evictions (or at least the second part of the evictions process / even if no one is living there).

Thus, the papers will not be served until January 4, 2016.

The Tenant will then have an additional 20 days before storage fees begin.

After the 20 days (at the end of January 2016) we will start the abandonment process.

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Kristin your state sounds almost as tenant friendly as up here in Ontario. It’s sad we can not all operate like any normal business.

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@Greg , as per your statement:

  • “Kristin your state sounds almost as tenant friendly as up here in Ontario.”

Yes, to have “Christmas Break” for evictions is very tenant friendly.

However, we do have another MHP in another county in the same state and they are not as tenant friendly.

I think it is really dependent upon the Magistrate.

This particular Magistrate is the daughter of the Mayor (who just got re-elected), so that might have a little to do with the tenant friendly manner.

Normally, the evictions go through with no problems.

However, at the Holidays no one in the government wants to be viewed as the “Grinch”.

Also, South Carolina’s 1,000 year flood has everyone giving a little leeway.

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UPDATE - AS OF TUESDAY, DECEMBER 29, 2015:

Today my Husband gets a call from one of our Good Tenants, who had just spoken to our FEMA Tenant.

Our Good Tenant was very upset because they said that the FEMA Tenant was going around taking pictures of the MHP saying that he was going to contact the news to try to shutdown our MHP.

Now this is about the second or third attempt at him trying to shutdown our MHP.

The FEMA Tenant is upset that FEMA denied all his claims (as the MHP is located on a hill which FEMA named “Pleasant Hills”).

Now the FEMA Tenant is back living at his ‘unlivable’ Mobile Home that he left abandoned for 3 months (not paying any lot rent) while the government paid $900 for him to live somewhere else.

The Eviction is scheduled for next week (the City is currently on “Christmas Break” for Evictions) and then he gets another 24 hours to move his stuff.

Stay tuned for the next Chapter of the FEMA Tenant.

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Kristin,

Be careful that he’s not trying to set you up for a “landlord retaliation” lawsuit by claiming that you are evicting him because he is a whistle blower trying to expose your park’s evil problems. We get this frequently, as well. I think you’d be fine because you filed eviction before he started to pretend that he’s a whistle blower, but it sounds like your J.P. is a nut and might not understand the law. You might read up on “landlord retaliation” rules in South Carolina, just to be ready.

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Have you considered making an offer to buy the troubled party out? Since you have not received Nov. or Dec rents you pads rents for that site might be some time in the future. A bad-mouthed (former??) resident is very unnerving to decent property owners and upsetting to good tenants. Maybe an attorney that knows the JP would help move the official to a speedy decision so all parties involved can start a new year in harmony. In our state we need to give NO REASON for eviction and thus limit court time. When Joplin, MO. had their troubles we stayed away from any and all FEMA programs or officials but in some cases some parks were needed for FEMA homes (actually set up new temporarily parks for FEMA homes)
Sorry for your experience but thanks since others might have similar situations in the future.

1 Like
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@frankrolfe , thank you for your comment of:

  • “You might read up on “landlord retaliation” rules in South Carolina, just to be ready.”

Frank, we will definitely read up on “landlord retaliation”. We also have the name of an awesome “Landlord” Attorney.

@carl , thank you for your comment of:

  • “Have you considered making an offer to buy the troubled party out?”

Carl, that is a great suggestion to offer to buy them out. We will consider this.

Frank & Carl, thank you for your knowledge!

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UPDATE - AS OF WEDNESDAY, DECEMBER 30, 2015:

The Saga continues…

Our City Code Enforcement Officer called my Husband today concerning our MHP.

The City Code Enforcement Officer called to say that our FEMA Tenant had a bunch of trash in a pile in front of their Mobile Home that the City Sanitation Department did not pick up.

Thus, the City Code Enforcement Officer called the City Sanitation Department and asked why they did not pick up the trash in front of the FEMA Tenant’s Mobile Home.

The City Sanitation Department said that a friend of the FEMA Tenant said not to pick up the trash as they were waiting for FEMA and the Department Of Homeland Security to look at the trash.

The City Code Enforcement Officer said that he did not care who was to “look” at the trash. The City Code Enforcement Officer told them to remove the trash immediately.

Please NOTE: I actually saw the FEMA Tenant’s trash yesterday as I cleaned and showed the Mobile Home next door to his Mobile Home. The trash just appeared to be old, large rugs.

Our FEMA Tenant is the same person who told us on another occasion that a swarm of police officers were “hiding out at high noon in the summer sun behind a fence in full gear” doing surveillance on his neighbor. These police officers then told our FEMA Tenant to keep quiet as they were going to do a bust on the neighbor. The bust never took place.

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I have in the past dealt with mentally unbalanced social leaches and although it is very frustrating how the “authorities” seem to cater to and be afraid to deal with this type of individual if you are persistent eventually you will succeed.
It is highly unlikely he will be receptive to your offer to purchase his home and if you do make the offer he will somehow turn it against you at the eviction hearing so be careful.
Your best approach at this time is to continue along the path you are on with the eviction.

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@Greg , as per your comment:

  • “Your best approach at this time is to continue along the path you are on with the eviction.”

Greg, you are correct.

Upon further consideration we have decided to just go forward with the Eviction Process.

Greg, thank you for your comments.

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@frankrolfe , as per your comment:

  • “You might read up on “landlord retaliation” rules in South Carolina, just to be ready.”

As per South Carolina’s Law on “Landlord Retaliatory Conduct”:

  • “In an action for possession where the tenant intends to raise a defense under this section, the tenant must notify the landlord in writing within ten days after service of the Rule to Vacate or Show Cause of his intent to do so.”

We have received NO written documentation from the Tenant.

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UPDATE - AS OF THURSDAY, JANUARY 7, 2016:

On Monday, January 4, 2016 the Constable came out to let the FEMA Tenant know that they can no longer live in the Mobile Home Park.

Since we did not know how the FEMA Tenant would respond, a Deputy Sheriff’s Officer also came out.

The FEMA Tenant begged for 5 days (as he was in the middle of a construction project).

My Husband said that he could have 24 hours to get his items moved out (which would make the effective “Move Out” Date of Tuesday, January 5, 2015 @ 3 PM).

Please NOTE: This is actually a MONTH AFTER the actual Eviction should have taken place. However, the word FEMA was thrown in and then we had the Holidays.

On Tuesday, January 5, 2016 @ 4 PM (the next day) the FEMA Tenant was gone (as I was showing the Mobile Home next door and there was no sign of the FEMA Tenant…however, the FEMA Tenant did have a new door with no door knob on his MH).

On Wednesday, January 6, 2016 the Constable called my Husband to check on the status of the FEMA Tenant (that was very nice of him). Gregg said that he was in the MHP and had not seen the FEMA Tenant.

Now, we wait for 20 days and start the Storage Fees along with the Abandonment Process.

The FEMA Tenant said that they were moving their MH to another MHP (they have kindly removed all steps and all sewer pipes from the MH).

However, moving MHs require some moola, so we will see what happens.

Since they have not paid us for the past couple of months, perhaps they have the money saved up or perhaps they have already spent it.

We will wait and see.

2 Likes
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Congratulations things are moving ahead.
I always feel a sense of accomplishment in getting rid of dead beat tenants especially when I don’t pay extortion money to do so.

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UPDATE - AS OF MONDAY, FEBRUARY 1, 2016:

The FEMA Tenant and FEMA Mobile Home have both relocated off our MHP.

As per the Mobile Home Mover the FEMA Tenant went to a church and convinced someone to pay for their MH move.

The FEMA Tenant tried to move to the MHP across the street.

As per the Mobile Home Mover the MHP across the street would not allow him to move in based on a background check.

The FEMA Tenant ended up having his MH moved approximately 40 minutes away.

It is a Win/Win.

The hoarding collection has been removed from our MHP.

The Tenant is now living in a rural area, so their Monthly Rent is now $100.

In addition this new MHP might be for sale in the near future (if anyone is interested) :smile:

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UPDATE - AS OF WEDNESDAY, JUNE 1, 2016:

In MHP Land I completely understand that you cannot believe everything that one Tenant says about another Tenant.

However, I found this very interesting and I thought that I would share.

The Neighbor of our Former FEMA Tenant told us the other day that the FEMA Tenant had come to him after our greater geographical area had some flooding to show this Neighbor how to cheat FEMA.

Now as per the FEMA Flood Maps our actual MHP is called “Pleasant Hills”.

“Hill” as in “a naturally raised area of land”.

Our MHP is the highest Topographical Point of the surrounding area.

Thus, there was no flooding in our MHP. Lots of rain…but no flooding.

However, our FEMA Tenant decided that this was their opportunity to become rich off the government.

The Neighbor said that the FEMA Tenant told him that he had taken a power washer and sprayed mud under the Mobile Home in order to try to show a mud line (like a flood would cause).

This FEMA Tenant then took the power washer (according to the Neighbor) and power washed the inside of the Mobile Home.

For most of the US power washing the interior of your home would not seem like a good strategy (this was their only home). However, I guess you gotta do what you gotta do when you are trying to cheat the government.

FEMA actually came out to the MHP and talked to the Neighbor. The Neighbor said that they did not have any flooding nor any damage to their Mobile Homes.

The FEMA Tenant was not happy to hear what the Neighbor told FEMA.

Ultimately, FEMA rejected the FEMA Tenant’s untrue claims.

Currently, this FEMA Tenant now lives in another MHP in another city bringing sunshine and rainbows to another MHP Owner.

As Paul Harvey would say:

  • “And now you know the rest of the story”…well at least what the Neighbor said :slight_smile:
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Kristin,

As always you did everything correctly. It is unfortunate that these kinds of tenants exist, because they ruin it for everyone else. Our government is extremely gullible and it’s very easy to take advantage of the system. I feel the most sorry for the church, as this tenant will now terrorize them on a continual basis forever, and there’s no way to evict someone from a church without a complicated and expensive protective order from a judge. I always feel sorry for non-profits that don’t realize they are being shamelessly used.