Recently got an eviction on a tenant who has a TOH. The judgement states they must move or sell the home by 3/15. It’s a long story but he’s never even lived in it. Despite the legal eviction he sends people over to randomly work on it so I’m sure he’s going to try and pull a fast one of some sort but I won’t know til 3/15. He’s also got two non-running vehicles that I guarantee he just leaves because I’ve already asked for a year to get them out of there.
Once that date rolls around does anyone know what I can do? An eviction means he can no longer come on the property correct? Can I barricade the driveway after that date? Can I have a tow truck haul the vehicles to an impound? I imagine looking into an abandonment title would be an option as well.
Any thoughts are appreciated.
If the judgment states “they must move OR sell the home” and doesn’t state moving the home themselves as an option, you could potentially just barricade the home moving with a truck or something. I’ve heard of other park owners doing this at times to prevent a move out… I would also make sure if they sell it, it’s a to a tenant you approve in your application process.
You could also offer to buy the home, at a massive discount or for free, as well by reminding them they’ll still be liable for lot rent even if they aren’t living in it.
For non running vehicles - just tow them or have somebody take them to the scrap yard. Don’t bother asking tenants a second time.
The result of the unlawful detainer legal proceeding will give you possession of the home and its contents. You will still not have title to the home. You will have to go to court to sue for title on the abandoned home. I don’t know if you can prevent him from coming onto your property, I’m not sure.
This response is based on being a park owner in Johnson County, MO. I would check with a lawyer who practices in your neck of the woods.
Appreciate the reply. Definitely won’t let anyone move in unless approved beforehand. That’s what I was thinking on the vehicles as well. Have a friend with towing company and already have it planned if not gone by the date in the judgment. Already got a judgment for the owed rent for past 4 months but this guy could care less about further rent. Thanks again
Although the lawful detainer suit was successful, I don’t get possession of the home and contents because it’s a TOH. We will see what 3/15 holds and my attorney said we may be able to get him on contempt of court for ignoring the judge’s order or let the judge even give it over to us if he can’t provide title/proof of ownership.
Missouri law requires that an Eviction Notice be served before an eviction lawsuit can be filed. The time period for an eviction notice demanding rent is not specified, but the time period in the eviction notice to end a lease is one month from the next date rent is due.