I own a trailer park and lease the lot to a particular tenant. He has fallen behind on his lot fees. His lease expired 30 May. I provided 2 written notifications that I did NOT intend to extend his lease if he did not pay in full by the expiration. The lease does not have an auto-extend clause.Now that there is no legal binder between us, how do I initiate the process to move the mobile home off the lot? Where do I store it? Thanks so much,
Already Tried: Sending stern notifications to attempt to recoup payment to avoid this likely expensive process of moving his trailer. Doing basic research on Alabama eviction laws and learning I need to file an unlawful detainer if I want to break a lease. Since my lease has expired, is he trespassing? Can I simply move his trailer because it's on my property? ... don't know how to move forward.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. Unfortunately, even though the lease expired, the tenant became a month to month tenant thereafter. Unless he is willing to move the mobile home voluntarily, you do need to go through the formal process. To do that, a landlord must first give him a10-Day Notice to Quit under Alabama law... meaning the tenant must vacate within thatperiod or face formal eviction. Then,if the tenant still has not left, the landlord must file a petition for aneviction order. Once that is granted...the landlord can have the sheriff evictthe tenant, including removing the home. The landlord can then file aclaim against the tenant for all unpaid rent and damages not covered by anysecurity deposit. Once the landlord gets a judgment, the landlord can attachthe tenant's assets, including bank accounts, and garnish the tenant's wages,to collect that judgment. Unfortunately, the landlord must go through theformal process and what the landlord cannot legally do is shut off the utilities,lock the mobile home, or take any other means of "self-help" eviction priorto obtaining the eviction order.
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Thanks for the start. I have a couple of more questions. I have avoided this process for more than 3 years because I didn't want the expense and headache. Is this something I can do on my own or do you recommend hiring a lawyer? Apparently in Alabama, there are two types of eviction notices a landlord can initiate: an unlawful detainer and failure to vacate. Does either route tend to be more successful?I can pursue my eviction through either the District or the Circuit court. Is one preferential? Cheaper?Thanks.
You're welcome. The unlawful detainer is the normal eviction proceeding; the failure to vacate results in a misdemeanor charge. Which court to use just depends upon what jurisdiction you are in...it really makes no difference...pick the most convenient one available. You can do this process yourself; if you run into problems, you can always seek the advice of an attorney at a later point.
Ok, so here's another wrinkle: I did some research at the court house and discovered he does not own his trailer. On the lease, I give him an opportunity to list the sales dealer and mortgage holder, which he leaves blank, but I know he's involved in a rent-to-own agreement with a third party. Additionally, the lady he's paying to rent-to-own the trailer, also does not own it, but has a mortgage with Vanderbilt Bank. If I win the eviction and move his trailer, can either party counter-sue if there's any damage?I also gave my tenant 30 days after the lease end date to move out. That date will be 30 June. Does my 10 day notice start on 30 June, or was my 31 May notification that he had a month count? I do not want to go to court and lose this thing over a paperwork slip-up.Additionally, is sending my notifications certified mail, sufficient proof that he received them. It verifies they were delivered to his address, but does not have his signature that he received it. If I send him anything that requires his signature for receipt, he simply refuses to accept the paperwork.Once the eviction if awarded, my understanding is that I have to move the trailer at my expense. How do I file to garnish wages provided I win? Does that ever work or is it adding legal fees that will never be recouped?Finally, what if my tenant pays the amount he owes in full? Do I have to accept payment and continue to rent to him? This has been a three year process of threatening to evict, collecting payment, sending more letters, accepting partial rents, etc. I want to be done with him even if he comes up with the full amount he owes. Can I force him off my property?Thanks again.
See below....
Ok, so here's another wrinkle: I did some research at the court house and discovered he does not own his trailer. On the lease, I give him an opportunity to list the sales dealer and mortgage holder, which he leaves blank, but I know he's involved in a rent-to-own agreement with a third party. Additionally, the lady he's paying to rent-to-own the trailer, also does not own it, but has a mortgage with Vanderbilt Bank. If I win the eviction and move his trailer, can either party counter-sue if there's any damage? Once you win the eviction, they have the opportunity to remove the trailer; if they do not, have a professional tow it off for you; if there is any damage, they will be the liable party if they are negligent; if no negligence, no liability.I also gave my tenant 30 days after the lease end date to move out. That date will be 30 June. Does my 10 day notice start on 30 June, or was my 31 May notification that he had a month count? I do not want to go to court and lose this thing over a paperwork slip-up. You must give the 10-Day notice after June 30 if that's the date you told them them have to move out.Additionally, is sending my notifications certified mail, sufficient proof that he received them. It verifies they were delivered to his address, but does not have his signature that he received it. If I send him anything that requires his signature for receipt, he simply refuses to accept the paperwork.Send it by independent courier; that way you have independent verification it was delivered to his premises; that's all you need to have done.Once the eviction if awarded, my understanding is that I have to move the trailer at my expense. How do I file to garnish wages provided I win? Does that ever work or is it adding legal fees that will never be recouped? Once they are gone through eviction, then you must file a civil suit for your monetary damages. Once you get your judgment, then you returnto court with a motion to execute judgment and at that point would ask toexamine the defendants to ascertain their employer and the location of anyproperty or bank accounts. Once you obtain that information in the court, you would ask the court to issue an order of garnishment/seizure in order tosatisfy the judgment. The court will issue theorder and the clerk will have the forms to serve on the banks or the employer.
Finally, what if my tenant pays the amount he owes in full? Do I have to accept payment and continue to rent to him? This has been a three year process of threatening to evict, collecting payment, sending more letters, accepting partial rents, etc. I want to be done with him even if he comes up with the full amount he owes. Can I force him off my property? You do not need to accept the payment at this point and can continue with your eviction and then sue for your damages.
Experience: Lawyer; developer/owner of RE developments.
What does my 10 day notice say? In April I told him he had to pay in full by May 31st to continue. On May 31st I said we were done because he had failed to pay and he had until June 30th to move. On 1 July, what does my letter say? "This is your 10 day notice as directed by law notifying you that I am going to court on the 10th of June? When do I file my paperwork with the court? On the 1 June or on the the 10th of June?
If you go to this website: http://www.trexglobal.com/forms/north-carolina-notice-to-vacate , you can download the exact form to use.
I'm sorry...I gave you the wrong state...I'm working on an identical question oddly enough with another customer in NC. Here's where you can get the form for Alabama:
http://www.trexglobal.com/forms/alabama-notice-to-quit