Evicting a tenant that owns their own mobile home

[willyk]

Jurisdiction

Tennessee

Ok, I have a piece of property that I lease spots out to people that own their mobile homes. I have a tenant that quit paying their lot rent. I went thru the courts, got a judgement and we agreed upon a payment plan. The tenant didn't honor the payment plan. (Big surprise) so I filed for a writ of restitution (I think that is what is was called).
The sheriff dept came out....They didn't seem to know how to handle the eviction since the tenant owned the mobile home. After making a few phone calls he told me to post no trespassing signs on the property and to call them if anyone remained in the home...that I could have them arrested for trespassing. Also he said I was allowed to have the trailer hauled off the property. Fortunately the people left and haven't been back as far as I know...however, I can't get them to return my calls about them coming back for the trailer. Here is where I need some answers. Having a mobile home moved is very expensive...and if I did have it moved, I have nowhere to move it to. The trailer is in pretty bad shape...the cost of moving it probably more than the trailer is worth. If the tenant doesn't move the home after a certain period of time, can it be considered abandoned property? If so, what steps do I have to take to take possession of it legally? I am not trying to profit off of taking the trailer....but if I can take possession legally I might could find someone to take it off my hands in exchange for the moving it. Until then I am stuck with this run down trailer that's isn't bringing in any income. Any thought would be appreciated. Thanks! Keith P

 

[army judge]

Ok, I have a piece of property that I lease spots out to people that own their mobile homes. I have a tenant that quit paying their lot rent. I went thru the courts, got a judgement and we agreed upon a payment plan. The tenant didn't honor the payment plan. (Big surprise) so I filed for a writ of restitution (I think that is what is was called).
The sheriff dept came out....They didn't seem to know how to handle the eviction since the tenant owned the mobile home. After making a few phone calls he told me to post no trespassing signs on the property and to call them if anyone remained in the home...that I could have them arrested for trespassing. Also he said I was allowed to have the trailer hauled off the property. Fortunately the people left and haven't been back as far as I know...however, I can't get them to return my calls about them coming back for the trailer. Here is where I need some answers. Having a mobile home moved is very expensive...and if I did have it moved, I have nowhere to move it to. The trailer is in pretty bad shape...the cost of moving it probably more than the trailer is worth. If the tenant doesn't move the home after a certain period of time, can it be considered abandoned property? If so, what steps do I have to take to take possession of it legally? I am not trying to profit off of taking the trailer....but if I can take possession legally I might could find someone to take it off my hands in exchange for the moving it. Until then I am stuck with this run down trailer that's isn't bringing in any income. Any thought would be appreciated. Thanks! Keith P

If I had those questions, I'd hire a licensed lawyer in my county to answer them.

If you make mistakes here, mate, they could cost you big time.

My guess is the rental home as been abandoned.

Mobile homes in TN are declared to be real property, not personal property.


Yes, under Tennessee Law mobile homes are assessed as real property, as an improvement to the land where that mobile home is located. ... Because the mobile home is assessed as an improvement to their property, the mobile home park owner will receive a tax bill that includes the taxes for all mobile homes in their park.

I suspect you'll need to take this matter before a TN court to resolve.

Hire a lawyer, this isn't a DIY effort.

 

[adjusterjack]

If the tenant doesn't move the home after a certain period of time, can it be considered abandoned property? If so, what steps do I have to take to take possession of it legally?

While a mobile home can be assessed as real estate it may also be titled similarly to vehicles so you might be able to use the abandoned vehicle law to your advantage.

2016 Tennessee Code :: Title 55 - Motor and Other Vehicles :: Chapter 16 - Unclaimed or Abandoned Vehicles

Check with the DMV and see if it's titled that way.

And get an attorney's advice, too.

 

[LeeSmith]

I own a mobile home. I painted the home a light purple. The park stated they want earth colors so i can get evicted. What do i do, it my trailer.

 

[adjusterjack]

I own a mobile home. I painted the home a light purple. The park stated they want earth colors so i can get evicted. What do i do, it my trailer.

Please DON'T start another thread. It's already been seen and the answer is simple no matter where you put it.

Read your space lease or rental agreement and see what it says about park rules.

Post a copy of the agreement and the park rules here if you like.

Tennessee doesn't appear to have a separate mobile home park landlord tenant statute so you'll have to see if the residential statute is any help.

2021 Tennessee Code :: Title 66 - Property :: Chapter 28 - Uniform Residential Landlord and Tenant Act

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