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Question

What is the process that I must take to sell a mobile home from which was left behind from an eviction?

Submitted: 467 days and 5 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Thermal, California

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Accepted Answer

You need to give them notice to remove the mobile home from your property and you will need to publish notice in the paper that the property must be removed or will be sold at auction within 30 days. Publish the notice for 7 days and then if they do not remove it you can sell it to recoup any of your back rent, storage fees and removal fees and the remainder must be turned over to the county clerk's office.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 8/12/2008

Attorney

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

467 days and 5 hours ago.

Reply

What if they want to remove it but don't want to pay what they owe do I have to allow them to remove the moble home?

Posted by PaulMJD 467 days and 4 hours ago.

Answer

Different deal. You need to file suit in court against the tenant for back rent and you need to request the court order seizure of the mobile home to satisfy the judgment. You cannot simply hold a tenant's property for rent, if not you can be sued by them for conversion of their property.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.


467 days and 4 hours ago.

Reply

So, When I file the complaint for the eviction for non-payment of rent I need to also file for a court order to seizure of mobile home in order for them to pay me, and until they do then they are able to remove their mobile home??

Posted by PaulMJD 467 days and 4 hours ago.

Answer

Yes, they have a right to remove the mobile home until you file for the seizure to satisfy the judgment. You cannot unlawfully detain their property. When you file, the order of seizure is generally issued immediately and then a hearing is held within 10 days so they have their due process rights.

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