Is there a mobile home on your land you would like to evict? Maybe there’s a tenant unwilling to leave, and you want to know the conflict-free ways to handle the situation.
While it may seem like a lot of work to evict a mobile home from your property, it is actually quite simple. By following the steps described in this blog post, you can get a mobile home off your land without ruffling any feathers.
Understanding Mobile Home Evictions
A mobile home eviction involves the legal removal of a mobile home and its occupants from your property due to lease violations, unpaid rent, or changes in property use. State laws differ on notice periods, required documentation, and eviction processes, so consult local legal professionals before proceeding.
What are the Reasons You Might Remove a Mobile Home?
Here are four solid reasons to get a mobile home off your property for good:
1. The tenant failed to pay the rent per the agreement
If the tenant does not pay their rent on time, then you can send them a notice telling them:
- when to complete the payments, and
- outline of the penalties for failing to follow through with the terms
We’ll explore these penalties as dictated by the law later.
If they’re late with the rent, they might contact you to explain the situation. You can offer a payment plan or even extend the time if you wish.
2. Maybe you want to sell the property
In this case, you must give your tenant(s) due notice — months in advance. Depending on your state, you might have to cover the cost of your tenant(s)’ relocation as reparation.
3. The tenant’s mobile home has become an eyesore to the community
There is beauty and civilization in uniformity, you’d agree. This holds true for mobile homes in parks. Some parks have a certain standard that is expected of and maintained by the tenants. If a tenant violates these standards, they get penalized. Eviction is kind of extreme, so you’ll have to give a notice or two first in those instances where the tenant doesn’t respond to penalties.
4. The tenant has been convicted of a crime
Let’s face it: having convicts around makes people uncomfortable. If they’re currently in jail or prison, it’s well within your right to evict their mobile home, especially if you believe that their presence will cause problems for other residents.
What to Do Before You Start the Eviction Process
Before you move to evict the mobile home of a tenant, there are things you must settle first to stay on the right side of the law:
1. Are you sure you’re the owner of the park or land?
Eviction isn’t something you can do just because you feel like. You need written, legal proof that you own the mobile park or the land. If you’re not the landlord, don’t do it. Or become the landlord first.
2. Make sure you have legal grounds for evicting the tenant
Anybody who knows their rights would sue if they considered their eviction unjust or unwarranted. What you need is proof of violation of lease terms by the tenant.
3. Did you serve notices?
As the law prescribes, serve the tenant a notice of eviction a pre-designated amount of time before you need them to move out. You also need proof that you’ve given the tenant this notice. How far prior depends on why the tenancy is being revoked and what the law dictates. More details on this further down.
When you’re sure you’ve done all that’s needed, you can begin the eviction process.
How to Evict a Mobile Home From Your Land
Evicting a mobile home is easier when you follow the proper channels. To evict a mobile home from your land, follow these steps:
1. Make the necessary documents available
These include:
- Proof of land/park ownership
- Copy of lease terms and agreement, along with evidence of lease agreement violation
- Evidence of warning(s) given prior to eviction (word-of-mouth isn’t enough)
- Proof of pre-eviction notice
2. Get a lawyer
Hiring a lawyer who specializes in civil law will expedite many processes involved in the eviction. Then you can explain what your needs are and they’ll make it happen. All you need to do then is provide the documents as needed.
All these are done only after you’ve notified the tenant that their tenancy is being revoked, and why that is happening.
After the notice, you are obligated to give them time (this can be anywhere from 3 to 180 days depending on the state laws and why you are evicting them) to secure new lodgings before you begin the eviction process.
In cases where the eviction is due to non-payment of rent, the landlord also has to specify how much the tenant needs to pay or move out. And if the additional time allowed to pay the rent owed expires, the court can grant the eviction with a hearing.
For different states, this notice period can differ for the same offense. Here are the details…
How Many Days Notice is Required for Removal of a Mobile Home?
The law requires that before eviction, the tenant must be served with a notice. This notice is called the ‘Notice to Quit’ or ‘Notice of Termination of Tenancy’. It is a written notice of the landlord’s demand for the tenant to vacate the premises within a given amount of time. When this time expires, the landlord can proceed with the eviction process.
1. Types of Eviction Notice
There are different types of notices. What kind of notice you should use depends on the reason you are terminating the tenancy.
- 3-day eviction notice (pay rent or move)
- 7-day eviction notice (lease terms violation)
- 15-day eviction notice (landlord wants to end monthly lease)
- 30-day notice (lease is expiring)
- 30-day eviction notice (landlord wants to end quarterly lease)
- 60-day eviction notice (landlord wants to end yearly lease)
Note: This information assumes a yearly lease.
Of course, the type of notice to use is not the same across state lines. For example, with a lease term violation in Florida, the landlord gives the notice to fix the problem in 7 days or the tenant moves.
Not so in Texas. In the Lone Star state, the tenant is allowed 10 days before the landlord can begin the eviction process.
2. What are the Eviction Notice Requirements
The notice must contain the following information:
- Rent recipient’s name, address, and phone number
- Service date of the tenant’s notice
- Tenant(s)’ name(s) and address(es)
- Rent due/reason for serving notice
- Timeframe for appropriate action (that is, when the notice is expiring)
- Certificate of service that specifies how the tenant was notified
- Landlord’s signature
- Signature of witness and/or tenant
There are proper ways to serve a tenant the notice — ways that are recognized by the law. You can either:
- Serve the notice yourself, in your capacity as the landlord, or send a representative (one the tenant recognizes as working for you)
- Mail the notice to the tenant via first-class certified mail; or
- Have it delivered to the tenant by a state marshal or sheriff
All three ways require means of proving receipt (like asking the tenant to sign, or having an independent witness). In the third case, the state marshal or sheriff can serve as your witness.
3. Differences of Eviction Notice Requirements Per State
As we’ve already established: different states, different laws. So, we researched the differences for a few states. The table below breaks it down based on notice reasons and deadlines:
State | Reason for eviction | Notice/Relocation margin |
Texas | 1. Lease expiration or termination 2. Lack of intent to renew by a tenant 3. Park or land sale or re-purposing | 1. At least 30 days prior 2. 30 days prior 3. 180 days prior |
Florida | 1. Lease expiration 2. Park or land re-purposing 3. Careless dangerous actions | 1. 5 days to pay or move 2. At least 6 months prior 3. First offense, a notice of 7 days to fix the problem. Second offense (occurring less than 1 year later), 30 days eviction notice |
Oregon | 1. Lease expiration 2. Lease agreement violation by tenant 3. Convicted of being a sex offender 4. Park or land closing/re-purposing | 1. 5 days after expiration, 144-hour pay-or-be-evicted notice. Then 8 days after, give a 72-hour notice 2. First offense, notice of 30 days to fix the problem. Second offense (occurring less than 6 months later), 20 days eviction notice 3. 30 days prior 4. At least 365 days prior, money to be paid to the tenant |
Ohio | 1. Lease expiration 2. Lease agreement violation | 1. 3 days prior 2. First offense, a notice of 30 days to fix the problem. Second offense (occurring less than 6 months later), 3 days eviction notice |
North Carolina | 1. Lease termination by landlord 2. Park or land closing/re-purposing | 1. At least 60 days prior 2. 180 days prior |
Nevada | 1. Careless/dangerous actions 2. Park or land closing/re-purposing 3. Any other cause | 1. 3 or 5 days nuisance notice (depending on severity) 2. 180 days prior 3. 45 days prior |
Michigan | Unsatisfactory conduct or lease agreement violation | Up to 30 days prior |
California | Expired lease | After 3 days, 30 days eviction notice |
Georgia | Lease termination by landlord | 60 days prior |
What Can You Do to Make the Eviction Process Less Exhausting?
1. Let a professional handle the whole thing for you.
Let a professional handle the whole thing for you. In other words, consult a civil rights lawyer to resolve the problem, write the lease terms for you, or if possible, let them run the eviction process for you. Because the procedure can be demanding.
2. Check if you’re eligible for legal aid.
Eviction lawyers can be too expensive for a lot of people. If that’s the case for you, you can check if you’re eligible for legal aid. As the landlord, you can contact your state or local housing agency for this. They’ll need proof that you’re unable to pay a private lawyer before you get legal aid services.
3. Talk it over with the tenant if they are amenable.
On the other hand, it is not always necessary to hire a lawyer. If your tenant is amenable, talk it over with them. There might be a less extreme solution or compromise than outright eviction. Especially if that tenant is a family member, there are compromises that’ll help both of you get what you want out of the situation without taking hard actions.
4. Take advantage of Banyan Home Removal’s services.
Another option would be using Banyan Mobile Home Removal. Once the tenant has been evicted and moved out, we can step in to help remove the mobile home. Banyan Mobile Home Removal is the perfect partner for people who wish to give back to those in need. With our services, your donation can make a real difference in the lives of people in need of shelter. Contact us and we’ll get your mobile home off your land for free and help you get a maximum tax deduction for your donation.
Note: Even if you own the land, it’s illegal to throw out the tenant’s property. You’ll have to jump through the hoops of the legal system to make it stick.
Conclusion
A mobile home is a huge investment for many people. But if you find yourself in need of evicting a tenant and removing the mobile home from your land, it’s important that you do so legally. Although it may be a rough and costly process.
You must observe federal, state and local laws and understand the timeframes determined by those laws. Where the problem persists, you can take the case to court.
Once the tenant has been evicted and moved out, your mobile home is ready for removal.
Banyan Mobile Home Removal is a non-profit that helps mobile homeowners donate their property and we will help you move yours for free. By donating, you’ll save time, receive tax deductions, and make a positive impact on the community. Reach out to us today.