I have a family I’m evicting. We had our first appearance, they admitted being in default, but wanted more time so we will have the trial on Thursday. I know in most cases they will leave but I have a feeling these people won’t. So I really only need to worry about getting the people out? I can’t lock them out of their own trailer after the sheriff removes them, so my only option if they return is to call the sheriff on them as trespassers? They also have an 18-19 year old daughter who isn’t on the eviction case because she’s not supposed to be living there, although she is just as likely to trespass. Should they trespass in the future, do I need to do anything in advance of calling the police? I’m will be going through the steps to claim the home as abandoned as soon as I can.
In Canada you are required to serve them with a No Trespass Notice and provide the local police office with a copy of the notice. Not sure about where you are but a quick call to the local police station will provide the info.
Lori, when we file an Eviction, we enter the name of the Tenant (we only put one person’s name on the Lease) along with ‘et al’ (meaning ‘and others’) on the Eviction Documents.The ‘et al’ covers all the extra peeps that end up also living in Mobile Home. In our one Mobile Home Park the Tenants take in other people like a stray animal.When the Tenants request a Court Appearance, the Judge demands that they pay immediately or gives them just a couple of days to pay.The one Judge made the Tenant go directly to the Bank and bring back the money immediately.Another Judge gave the Tenant approximately one week to give us the money, but told us to call the Magistrate if the Tenant did not pay and the Magistrate would start the second part of the Eviction.Please let us know how it turns out.We wish you the very best!
Last night sure enough at 10:30 I happened to be closing up a POH I’d been working on when I see their daughter and her boyfriend returning from another tenant’s home to their own, with their laundry. They are not supposed to be living here–no vehicles in the family and doing their laundry I’d say that’s a pretty good sign I have not 1 but 2 of them that aren’t supposed to be there, besides the 2 older adults I filed against.Tenants no-showed at court. When filling out the eviction order, I added et al. Thanks–I wasn’t sure if I should have done that from the start but it doesn’t matter. Judge signed it and sheriff has it. I’ll get a chance to talk more to the sheriff as they enforce the eviction.
Lori, in Florida if you permit them to enter the home, even to retrieve grandmas priceless wedding ring for 30 seconds, they can refuse to leave and you have to start the process all over again. I assume that’s pretty common in other states as well.In my experience, you cannot, under any circumstances allow them back in the home - period. If you give them permission to enter the home they can refuse to leave and you have to re-evict. Change the locks while the Sheriff is still there, do NOT allow them back on the property.Know and follow the law to the letter, or a tenant with some street savvy can burn you big time.I had this happen to me once, do not repeat my mistake. Not all, but many of these people are total scum and are just looking for a free ride off of anyone.
Update: The sheriff’s officer called me to schedule removal/verification the people were gone at 1pm on Thursday 2/12. In the course of that conversation, I let on that the tenants’ deceased father–not me–owns the home. Big screw up.So in my county, our sheriff is an attorney and he has changed how they do things so that they will not remove the people from their property (the mobile home) .The way they want me to do this is they will clear the people out–send them walking down the road–and I need to remove the home. If I don’t remove the home, the people are allowed to be in it and allowed to be in a direct line from the right of way to their home–if they stray from that they can be arrested for tresspassing.I tried the line about moving the home to the right of way, the street, and they said I would need to consult with my attorney. Which is fine. My plan is to have a crew there pulling off underpinning, affixing wheels and hitch, removing tie downs, and disconnecting the water and electric in preparation for moving. The power company is sending a technician to oversee disconnecting power (but they won’t do it since the person whose name the service is in has not requested disconnection). The truck will be on its way. The sheriff agreed he would be there, and he would not say that he didn’t have authority unless the tenants pressured him. And that’s how we will proceed. I might pay the future sister-in-law (lucky girl) of the tenants to come give them a ride to town since they have no transportation. At that point I figure out of sight out of mind as far as what happens to the home and I’ll be pursuing the title as fast as possible. To be clear, I can move it either in a hillbilly way that’s free or with a licensed mover that costs me $1000-1500. I have the report from the secretary of state that the title is still in the deceased father’s name, I will get a bill of sale from 1 or 2 (of 4) heirs because no one knows where the title is. The bank (who was already paid off) kindly sent me a copy of the title. Any other suggestions?I called my state’s manufactured housing association and one of the board members in my county is supposed to calling me back. I called the owner of a big park in the same county and he said eviction happens as you guys have said–sheriff supervises the removal of people/personal property out of the trailer and then you have an abandoned home on your hands, the sheriff said he was wrong. Thanks for all the help. The tenants may have been the savvy types at one point but have since done too many drugs. And no, I did not let them in, they came with the property.
Feel for you. I am presently going through the same thing… came with the park.He is destroying the water meter next door that I was working on last week by breaking 3/4 pvc over and over during the night. I will give the 3 day evict tomorrowand stay there until he is gone.