Hello, I have gone through the eviction process with a tenant who owns their own home. My eviction attorney and her free one agreed in court that she would pay two months rent every month from then on until she was caught up. If she missed one payment the writ for recovery of premises would be enacted immediately. Surprise surprise she missed the first payment so we enacted the writ and the sheriff removed her from the property.
I allowed her to move her belongings out but her home is still in the park. It’s too old to move. She wants to sell the home but how does the process work from here. The only thing I found online from the state was this…
Under a Writ of Recovery, a resident must be allowed a reasonable period of time (up to seven days) to arrange to remove the resident’s home from the lot.100
Under a Conditional Writ, a resident must be allowed to reside in the park for a reasonable period (up to seven days). However, the resident’s home is allowed to remain on the lot for 60 days to allow for an in-park sale of the home.101
However it doesn’t go into any more than that. So I have a writ of recovery, but what happens if she takes months to sell or doesn’t sell? Is she even entitled to sell her home at this point? Is she allowed to enter the park to show her house? Do I now take control of the home?
Anyone been this far with an eviction in Minnesota? My attorney is a cheap eviction guy and it doesn’t seem like he knows the answers to these questions.
You may want to become a member of your state’s manufactured housing association, then you can contact them for some advice. My state’s association ¶ always provides invaluable information and even provide proper forms.
Thanks I’ll give that a try. I am a member and I’ve asked legal questions like this before to them. Sometimes they will give a decent answer. Other times it seems like they want me to give one of there sponsored attorneys some business.
We have one community in MN that we have owned since 2007. It was a complete turnaround and we had one instance where we evicted a tenant of a resident owned home. They too tried to prolong the situation, but in our case they did not have the money to move the home, plus keep paying rent on the space for the next two months, plus pay back all the back rent and (in our case) our Lease stated that in order to make everyone whole, they had to pay all legal fees - especially if they took action against us and lost.
Ideally, if it is an older home, you have a policy that when the current tenant leaves, they need to take the home with them because you do not allow older homes in the park. If you do not have anything in your lease addressing any of these issues you may have to wait the sixty (60) days before selling the home yourself, AND you still need to give the old owner all the proceeds minus what they owe (eg. back rent, late charges, legal fees, etc.).
A lot of your options will depend on the language of your lease and what the house can get if sold which if it is less than they owe (to get out quickly) you could let them know their situation, but you will pay them $500, $1,000, whatever your comfortable with to sign of the house to you to do what you want.
Under Minnesota law, a warehouseman’s lien allows a person or entity that stores goods (in this case, the mobile home) to claim a lien for unpaid storage fees. To utilize this:
Possession: You must have lawful possession of the mobile home.
Charges: The lien covers charges for storage, transportation, insurance, labor, or other expenses related to the goods.
Enforcement: If the charges remain unpaid, you may enforce the lien by selling the mobile home at a public sale, following proper notice requirements.MN Revisor’s Office