Eviction process for an R/V on a rented lot

10 Replies

Hi, can anyone direct me to the process for how to handle a tenant that has not paid their lot rent?  We bought a mobile home park and several of the lots are lot rent only to R/Vs.  We have one that has not paid his rent this month.  I talked to him over the phone and also put a 10 day notice to pay on his door.  Well, he was supposed to get his stuff off the lot last week and has not.  He also has not paid either.  He has until tomorrow.  Has anyone had this happen? Does posting something on his door count as written notice?

check local ordinance laws/hire an attorney to do the first eviction, then get the process done for the local jurisdiction and you may have to have a lawyer represent everytime...

@Sara Hopson , posting a notice on the door is valid in the state of NC under statute 42-3 ("there shall be implied a forfeiture of the term upon failure to pay the rent within 10 days after a demand is made by the lessor or his agent on said lessee for all past-due rent"). Check with your local magistrate to confirm this applies for you. Then file for eviction immediately to get the clock started. Otherwise the tenant has no motivation to leave. To help in the future, you should check your state landlord/tenant statutes. NC has manufactured home specific statutes. I hope this helps.

I have read the landlord and tenant statutes but I’m unsure about how it works with an R/V. He doesn’t live in it but it’s still there and his 10 days ends today. What do we do with the r/v? Is there somewhere that talks more about this situation?

It's not clear what county you are in but in counties I have experience in, judges in small claims court will sometimes ask the plaintiff for 'proof of service'. If the defendant (your land lease tenant) says 'Landlord didn't tell me to leave...' and the plaintiff (you) say 'Yes I did, I gave you a 'nailed up' (provided on the parcel) notice'... the judge will simply ask you (plaintiff) to show proof of service. If that happens, expect that your case will be dismissed. That's why 99% of land owner people will just hire the sheriff ($30 in most, if not all NC counties) to guarantee delivery of the notice. I highly recommend this notice method for anyone in NC. 

I don't own MHP property, but I can say that the RV on your lot is not yours. That personal property belongs to your 'tenant'. A quick browse of NCGS 42 shows that: '"Premises" means a dwelling unit, including mobile homes or mobile home spaces...' It appears that you are leasing the land only, as a 'mobile home space'. If you decide to move the RV and execute a 'self help' eviction, you open yourself up to a counterclaim. 

There is a time and place to hire an attorney. This, IMO, is one such time and place where I would recommend you get some help. 

Disclaimer: This post is my opinion and I am not a lawyer. Always best to get competent professional advice n your particular lease/circumstance. 

@Chris Martin I understand that it is not ours.  I don't want it to be.  I just want him to move his RV from the lot that he is not paying for.  He has not paid and has told me several times that he will pay tomorrow. I was hoping someone would have gone through this process and could tell me what they did and what rights we have legally.  He does not live in the RV if that matters. 

My statements from the last post still stand. Here is a link to the NC summary ejectment form, although as I've said before I don't own MHP where land is the rented component so therefore don't know first hand details on the process since I've never evicted with this type of property. Before a judge, you will need to show that you served the tenant and I'm just saying that your tenant will probably cite a source like this NC group who states: 

"You CANNOT hand deliver the papers. You must serve the Defendant as required by North Carolina law and have legal proof that the Complaint and Civil Summons were delivered to the Defendant.

Ways to serve the court papers on the Defendant include:

By Sheriff: The easiest method is to have the Sheriff in the county where the Defendant lives or works serve the Defendant for you...."

Your comment "He does not live in the RV if that matters." It matters WRT sheriff service. See the above and the form. 

There is a time and place to hire an attorney. This, IMO, is one such time and place where I would recommend you get some help. It appears to me from your posts that you need it. 

Disclaimer: This post is my opinion and I am not a lawyer. Always best to get competent professional advice n your particular lease/circumstance. 

@C.K. Ebert Thank you for your help.  I have tried calling several lawyers in my area and I cannot get one to call me back.  I was hoping someone has dealt with this before and could tell me how the process went with their situation.  I would gladly pay an attorney but I cannot find one to help me.  This is why I am here.  This is our first time dealing with a rented lot/RV type situation.  Thank you again.

@Chris Martin I'm not an idiot and thank you for referring to me as one.  If I could find an attorney to help me then I would certainly throw my money at them to figure this out.  Unfortunately, I am having to figure this out on my own because no one deals with this or is too busy. Owning a multifamily property in this state is new for us.  We have owned rentals in other states but they are all different.  I only came here asking for advice for our situation that is a little bit of a gray area.  Because this thing is registered as a vehicle and has a tag, the rules are different. I was just hoping someone had gone through this and could share their experience.  The lease (from the previous owner and has transferred to us) says that we can move it and use force to do so.  I am just hoping there is an easier way.  Right now they are considering it as abandoned property since he doesn't live there and the power and electricity are turned off.