How to handle TOH non payment for lot rent
Emory ClaytonPro Member
Member since 2019 · 67 posts · 25 votesI'm sure this answer varies by state (I'm in Alabama), but I was wanting to know how everyone handles this situation, whereby a Tennent moves their trailer onto your property, then at some point later stops paying lot rent for whatever reason. I brought this situation up to my Lawyer and he stated that this would most likely be handled by whats called an ejectment, which is different than a eviction. In summary, an ejectment seems far more burdensome for the Landlord/property owner than a eviction in a typical landlord/tenant relationship.
Am I understanding this correctly?
This is terrible and not legal in any way but it was pre Covid and the rules were a little less restrictive. Had a tenant fall couple months behind and stopped taking my calls. I paid a local tow truck driver $100 to stop in front of their trailer with his truck and start measuring his trailer while they were at home watching and then knock on the door and ask if tongue and axles were under the trailer.
They paid that afternoon and never a problem since.
Terrible I know but it did send the message I suppose.
I think you're right about an ejectment being more burdensome. I am also in Alabama and have had this situation come up a few times. I have started the process for both but have never had to fully execute either. What I have found to be the quickest and most cost effective way to solve the situation is actually to buy the home from the tenant then turn around and sell it. This works best on used homes where the price is only a few thousand dollars, but if it is a brand new home worth tens of thousands you could offer to help them sell it. You'll add more value to your park by selling the home for an incredibly low price but having the new tenant agree to a higher lot rent. The best part is this whole process will take usually only a few weeks and you won't need to pay and lawyers.
The remedy is eviction, not ejectment. Eviction is easier and faster. As far as the tenant owning their own mobile home, look at Alabama Code Sections 35-12A-1 through 35-12A-15, which provides the remedies for selling mobile homes that are abandoned. A mobile home is abandoned if the tenant has been evicted from the lot but does not remove their mobile home.
Jeff thanks for the reply.
It sounds like you're speaking from the perspective of if the Tennant falls on hard times. If my assumption is right on that, I take it that you, or they, reached out to inform the other party of what was happening. Then you began discussions on how to solve their problem (buying the trailer, offering to help sell the trailer, etc). Is that how you handled it?
Have you dealt with the scenario where the Tennant stops paying, and they're doing it in spite? Possibly because they have become disgruntled for some reason?
The remedy is eviction, not ejectment. Eviction is easier and faster. As far as the tenant owning their own mobile home, look at Alabama Code Sections 35-12A-1 through 35-12A-15, which provides the remedies for selling mobile homes that are abandoned. A mobile home is abandoned if the tenant has been evicted from the lot but does not remove their mobile home.
I did not consider a Tennant being evicted from the lot. Thanks for sharing this.
So I looked into 35-12A-1, this seems to deal with Tenants who have abandoned the Mobile Home/Trailer, either TOH or POH, and not with Tenants who are still inhabiting the Mobile Home/Trailer.
That is correct. But once they have been evicted from the lot, and not removed the mobile home (as they are required to do) then it is considered abandoned. If you get an eviction order and they do not get out, then they are in contempt of court and can be brought before the judge. He/she will give them additional time, but at some point they will be told they can go to jail for contempt of court. You can, of course, pay Sheriff's deputies for the turnout order and you can pay someone to move the MH off the premises, but that is not your only remedy. I recommend you join the local state trade association for mobile home park owners, and you will probably learn a lot and learn a lot of names of attorneys and others that can help you.
This is terrible and not legal in any way but it was pre Covid and the rules were a little less restrictive. Had a tenant fall couple months behind and stopped taking my calls. I paid a local tow truck driver $100 to stop in front of their trailer with his truck and start measuring his trailer while they were at home watching and then knock on the door and ask if tongue and axles were under the trailer.
They paid that afternoon and never a problem since.
Terrible I know but it did send the message I suppose.
That is correct. But once they have been evicted from the lot, and not removed the mobile home (as they are required to do) then it is considered abandoned. If you get an eviction order and they do not get out, then they are in contempt of court and can be brought before the judge. He/she will give them additional time, but at some point they will be told they can go to jail for contempt of court. You can, of course, pay Sheriff's deputies for the turnout order and you can pay someone to move the MH off the premises, but that is not your only remedy. I recommend you join the local state trade association for mobile home park owners, and you will probably learn a lot and learn a lot of names of attorneys and others that can help you.
Have you successfully executed evicting tenants from the lot, even when the tenants own the trailer sitting on it?
This is terrible and not legal in any way but it was pre Covid and the rules were a little less restrictive. Had a tenant fall couple months behind and stopped taking my calls. I paid a local tow truck driver $100 to stop in front of their trailer with his truck and start measuring his trailer while they were at home watching and then knock on the door and ask if tongue and axles were under the trailer.
They paid that afternoon and never a problem since.
Terrible I know but it did send the message I suppose.
Not going to lie, I literally lol'd when I read this. Hows that saying go? "Mess around and find out" (edited version)
Jeff thanks for the reply.
It sounds like you're speaking from the perspective of if the Tennant falls on hard times. If my assumption is right on that, I take it that you, or they, reached out to inform the other party of what was happening. Then you began discussions on how to solve their problem (buying the trailer, offering to help sell the trailer, etc). Is that how you handled it?
Have you dealt with the scenario where the Tennant stops paying, and they're doing it in spite? Possibly because they have become disgruntled for some reason?
Not necessarily hard times, but more commonly life events. It is usually a tenant moving to a new area, because of a new job and they just want to be done with their trailer.
I have had the disgruntled situation come up when I stopped using the on-site maintenance man and made him pay full lot rent like every one else. I’ve found that when a tenant is upset with the park or the owner, they don’t respond to the legal process at all. However, they do respond to an interested buyer for their home. I had a case where I was weeks away from the sheriff actually evicting a seriously stubborn tenant, and an interested buyer for the home actually went to the home and worked with the current tenant to have them leave so they could move in.
@Emory Clayton I see this happen all the time which the mobile home parks have to deal with.
In TX, it's handled as an eviction and goes to eviction court. You'd have to evict the tenant first and cite the lease and what it says. Then, usually the mobile home parks have to do something to get rid of the home or they can file for abandonment and take back the home.
This is what I see being done in TX. Though, you'll have to check with the laws in your area to see how it's handled in AL. You may want to talk to some park managers and/or owners to see how they do it locally in their own communities.
Also, you may want to talk to your local manufactured housing association. They may be able to help offer insight and referrals, should you need more them.
Hope that helps!
The remedy is eviction, not ejectment. Eviction is easier and faster. As far as the tenant owning their own mobile home, look at Alabama Code Sections 35-12A-1 through 35-12A-15, which provides the remedies for selling mobile homes that are abandoned. A mobile home is abandoned if the tenant has been evicted from the lot but does not remove their mobile home.
I did not consider a Tennant being evicted from the lot. Thanks for sharing this.
So I looked into 35-12A-1, this seems to deal with Tenants who have abandoned the Mobile Home/Trailer, either TOH or POH, and not with Tenants who are still inhabiting the Mobile Home/Trailer.
You evict them first. They get removed from the premises. Chances are if they can't pay the lot rent, they also can't pay the thousands it takes to get the home moved.