Hello everyone! I have a mobile home park in NC. One of the tenants is undiagnosed crazy. She is walking around the park naked, screaming out side at no one, boarded up a few windows with plywood and writing with permeant marker on her trailer. My question: How do I evict her? She owns her own trailer which her x husband pays lot rent for every month because he does not want to deal with her. Can I evict her for unkempt trailer/yard and disturbing the rest of the tenants? Any adivse would be helpful!
I would spend the money and discuss your situation and options with the best attorney you can find. The last thing you want to get accused of is evicting a tenant due to a disability.
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Well said. I will do that. Thank you.
You’re welcome. Feel free to reach out anytime.
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We had one who would Dance in front of the cameras topless , go into other lots, starting trespassing into vacant units. We called the police, she resisted arrest and became physical. She was technically the guest of an owner for years. We told the owner she goes or the entire site gets evicted. Put together a roommate termination agreement and she’s gone. We have another one who I consider to be more calculated and that we are working on. Hoping he screws up and gets himself kicked out.
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I had one of those many years ago. I had no grounds to evict her and the police would not help. I ended up having to harass her (secretly) to the point of a complete total meltdown.
It was unfortunate but it was necessary for the sake of the rest of the residents.
She now recieves free housing in a place where she has the help she needs.
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We put in our written rules that tenants cannot be a nuisance, cause disturbances, or generally disturb the peace.
Our Municipal Court judge (who handles evictions) told us that it had to be in the rules in order for him to rule on it in our favor, and we had to show proof the resident had a copy of those rules.
I believe the Ohio Revised Code section on mobile home parks also addresses being a nuisance. Our park is in Ohio.
You do have to be sensitive with a tenant with mental health issues. I actually reached out to one tenant’s case worker at the local mental health center and they tried to intervene to get this tenant to stop causing disturbances, but it did not change any of the unacceptable behavior. At least the fact we tried to work with them helped the impression we made on the judge.
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Any violation of these Rules and Regulations shall be deemed a public nuisance. Homeowner agrees that a breach of any of the Rules and Regulations cannot reasonably or adequately be compensated in damages in an action of law and, therefore, Owner shall be entitled to injunctive relief including, but not limited to, restraining Homeowner from continuing to breach any such rules and regulations, term, or condition, or to allow a condition which violates a rule or regulation, term or condition to exist or continue to exist.
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CONDUCT
A. Resident Conduct: Homeowner and his or her Additional Occupant shall not violate any local, state, or federal law while located anywhere on the Park premises, including, but not limited to Homeowner’s mobilehome, and may not engage in or allow any conduct which is a substantial annoyance to other Residents or Management, violates any other Resident’s quiet enjoyment, threatens or displays violence to any other Resident or Additional Occupant or threatens damage to property. Homeowners must act reasonably to avoid the creation of a nuisance. In addition, Homeowner and/or his or her Additional Occupant(s) may in no way harass, intimidate, annoy, threaten, or display any acts of violence toward Park personnel, including, but not limited to, Park Management and maintenance personnel. Any violation of this provision will be grounds for eviction and termination of tenancy. Furthermore, all Residents and Additional Occupant(s) must refrain from disturbing the Park with noise or unreasonably loud activities between the hours of 9:59 p.m. and 7:00 a.m. Radios, televisions, record players, stereos, CD players, boom boxes, musical instruments and other devices must be used so as not to disturb others. No radios, televisions, record players, stereos, CD players, boom boxes, musical instruments or other electrical devices which can be heard outside of Resident’s mobilehome.
B. Basic Rules Applicable to All: These Park Rules and Regulations are intended to apply to all Park Residents as well as their Additional Occupant(s). These Regulations cover a wide variety of subjects. While it is impossible to cover each and every possible situation, everyone is expected to conduct him or herself in a reasonable manner, respectful of Park members, staff and Management.
C. Trespass and Entry: No person shall trespass on the Lot of others or on Park areas that are not normally open to general use. Park Management may, in the course of their duties and responsibilities, enter any area in the Park while in the actual performance of their official duties.
D. Activities: The safe and reasonable use of bicycles, skates, rollerblades, scooters, and wagons is allowed, as it would be in any other typical residential-type neighborhood. Skateboards, remote controlled toys and activities involving flying objects or balls may not be used in the Park roadways. Any person who damages the property of another will be financially responsible for this damage. Any recreational activity in the streets is prohibited (for the safety of Residents who may not be seen by drivers, for protection of property to avoid accidents). This limitation includes, baseballs, footballs or other such games involving flying objects, skateboards, razor scooters, “Big Wheels” and “remote control devices.” Basketball hoops may not be installed on the mobilehome. Rolling, portable type basketball hoops are prohibited in the Park. The use or display of any weapon, including, but not limited to a bow and arrow, BB guns, knives, fireworks and guns are expressly forbidden. Persons under the influence of alcohol or any illegal substance shall not be permitted in any area of the Park which is generally open to Residents and Additional Occupant(s).
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Thank you. I will defiantly put this in my lease! Unfortunately I only have an estoppel because I bought the park from a mom and pop. Trying to figure out best course of action.
Document what you can, photos of the residence and a calendar with incidents. time / date / what transpired. objective, no emotion or opinions in the notations.
did the previous owners do everything verbal? if so, its time to get the lease served to entire property, all units, legally, so there can be no visible signs of singling out the resident for being a pain the cheeks.
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I’m in NC too. We had a guy who would get so drunk that he was falling down while walking to and from the store around the corner. Got him on video. He would also walk around his trailer naked and neighbors complained. We took him to court for disordly conduct, also showing from his lease that he was breaking the park rules, and we won.
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Looks like you’ve gotten some great information and advice. From the attorney recommendation, to info on Park Rules, to stories and examples from the experience of others.
If the individual has a mental or other disability, this could make things more complicated. I like how someone in the forum mentioned being objective, with no emotion or judgement being passed. I’d say document everything, keep a good record, take pics, get neighbor testimony, make copies of any letters sent to the individual. These things are your lifeblood in court.
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If she ever pays late, then it is very easy. Wait until she pays late then file for eviction.
If she does not pay late, then send notice that you’re not going to renew the lease when it comes up for termination. If she’s on a month-to-month lease, then the notice is typically 30 days. If the lease is annual, then you’ll have to wait until the lease is coming closer to termination.
The other option is to document violations and file based on non-compliance with your rules. This one is more challenging because she could argue that she did not violate the rules. That is why it is so much easier to file for an eviction based on nonpayment of rent.
Every state is different, so you may have to run these options by the ordinances for your state. If you are struggling for how to make this work, then you should hire an attorney.
exactly. sorry to say it but you have to basically make a movie to prove the case sometimes, words alone don’t cut it.
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it’s really the only way. the court wants objectivity not emotion. they cannot rule on opinion, only fact.
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this is very true too. It’s so much easier to get someone out who’s unruly with failure to pay, its cut and dry, however, there are timing issues and decisions to be made depending on what the state allows for in juristictional areas. My local market requires certain remedies to reduce homelessness, its changed before, during, and after covid. So, staying abreast of the rules and knowing the county/state requirements are critical. But I’m in Washington state, and it’s shifted a lot. Just watch your deadlines and learn to love your calendar and err on the side of caution.
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Thats another thing we did with a number of the drug dealers, not renewing their leases. Worked every time. Specially during the plandemic when there was a moratorium on evictions for non-payment of rents.
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if DOES depend on the jurisdiction / state. Further, it will depend on the judge (sad to say). The process should be objective at all times; unfortunately sometimes the system always work that way.
Makes you want to ask the judge: “would be okay if I just didn’t pay my property taxes when they are due?” (answer is no, there would be consequences)
but you could evict for OTHER reasons during the pandemic. We did so successfully.
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Yes, that’s true. Sometimes we would evict them for keeping a number of pit bulls, and not claim anything about unpaid rents. Most times they’d deny having the dogs but we always had pictures as proof.
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