Deputy won't enforce eviction

We evicted a tenant, she didn’t show up for court, default judgement. She has 8 days to appeal, she didn’t so we called the Sheriff to remove her from the property. The Deputy shows up, tells the Manager they have to take all of her belongings out and put them in the street and she has 24 hours to collect them or we can dispose of them. The Manager is on his lunch hour and calls me, I talk to the Deputy and ask him if he is aware that she owns the home and why would we have to remove her personal things because the Mobile Home is also considered personal property. He was not aware of that and he refused to remove her from the property. He says the park has to remove the Mobile Home from the park before he will remove her. He also says the house can not be moved because it will fall apart. He also said we can leave it on the right of way just off our property. Of course he tells the tenant he won’t make her move so she and all her friends and hanging out all hours of the night and terrorizing the other residents. I wrote the Judge a letter asking him to enforce his order, his office called back today and said they can’t give legal advise, I wasn’t looking for legal advise I just wanted the Judge to enforce him order. She said I need an attorney. I have an attorney now he’s not returning my call. DOES ANYBODY HAVE ANY IDEA WHERE I CAN GO FROM HERE???

Find a new attorney. You need to know your state law and no one here is going to give you legal advice worth relying on. You need the law for “holdover tenants” or similar. What state is the property in? Maybe someone here knows more specific advice for your state.


P.s. For what it’s worth, ($0.00) the deputy could be right that it’s your problem to demolish the home if it cannot safely be moved. Make sure you get a permit! But probably you can enforce the order to vacate the day the wreckers come. Make nice with the deputy’s boss when explaining the situation and see what happens.

I’m sure everyone here would love to hear about any follow up story.

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I don’t know the jurisdiction so my comments are general. It shows that you absolutely have to know the law. In TX, an eviction of a homeowner requires eviction of the home, not the resident. It is different elsewhere. In addition, in TX the JP (local court judge) does not necessarily follow the law. You need to know from the local court what they will require in cases like this (in advance, not after you run into problems). Now you definitely need an attorney to sort this out.

If you have an attorney who is not calling you back, that is another problem and you need another attorney. It is often too much trouble for attorneys that do not deal with this kind of problem often to get up to speed on what is required. You need an attorney that specializes in evictions for the landowner.

You will probably have to pay for the move of the home. You are actually in a better position than most because the sheriff said you can move it to the right of way just off the property. You usually have to pay to move it to a protected lot, and have the lot auction it off.

It shows that owning a MHP is not a license to print money and requires knowledge, work, money, and sweat. But it is certainly interesting! Good luck.

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+1 you need legal advice on next steps.

Thanks Brandon, it’s in Alabama, I’m thinking now that my attorney is fairly new at this, UGH! I hate to have to hire another one but you’re probably right, it looks like my only option.

He won’t let me, this is what makes my head spin. He says I have to move it in order for him to enforce the eviction, but he says I can’t move it because it will fall apart. and she can stay here as long as her “personal property” is here.

Thanks, apparently we have the same laws as far as evicting the home, and when they do they the tenant will not be allowed back on the property. The attorney has for his email so I assumed he was experienced in evictions, well, looks like I was wrong, he is apparently fairly new to this. He did finally contact me saying he had been out of town and we can talk Monday. During our due diligence I would have never thought to ask about this situation, I guess you live and learn. It turns out it will only cost $450 to have it moved off our property, I was thinking a $2000-3000 or so. These judges are very good, they are (were) all attorneys, it’s the Deputy I’m having trouble with.

Have you considered offering the tenant a few hundred bucks for their home and the opportunity to walk away with no further damage to their credit? It may save you a ton of hassle. You have the leverage since you know you will be moving the home if she doesn’t take the money to just leave.

Thanks Charles, we tried that from the beginning, we offered $2000 for the house if she would go. She decided to ride it out and get nothing…not sure how that made sense to her

The deputy, the judge AND your lawyer are not playing ball with you? Are you sure they are the problem?

If you ARE sure the problem is not you - get a new lawyer. Have you paid your old lawyer’s bills on time? Do you yell at your lawyer? If so and you’re still getting no respect - I’m sorry. But you’re painting a picture of your manager, the deputy, the judge and now your own counsel all ignoring you. This seems a bit odd.

The deputy is an idiot. He tells you that you must clean out her home, yet since it is not yours, you have no right to enter. Nuts - that the kind of legal theory one would expect to hear in a dive bar.

Do you have a writ of execution? If so go to the sheriff and tell him his employee is not doing his job by not executing the writ.

could you shut the water off to her trailer or her electric??

Don’t even think about it.