How to evict for non-payment on a "contract to own"

mobile home university
1

The park has one contract for lot rent, and a separate purchase agreement on the mobile home. Not sure what you call this type of contract here, but anyways…

The home contract has an “acceleration clause” which allows them, after being served a 30 day notice by certified mail, to pay off trailer immediately otherwise they forfeit their interest, and I retain all sums paid to date.

I talk to two different attorneys, and got two very different opinions, which is what always frustrates me about lawyers.

One says I just need to issue a 3 day notice.

The second says I need to file small claims court to repo the trailer (I am guessing after 30 days), then do a 3 day eviction if needed.

So which is it?

2

Can you evict solely for non-payment of the lot fee?

3

The answer may vary by State. Try the State’s MHA. In Ohio, if you are a member of the MHA, their in house attorney will address these types of questions.

4

In Michigan, you can evict for nonpayment of rent, or nonpayment of the contract. to be safe, call your lawyer, and ask.