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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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Landlord /tenant... we have evicted a tenant, his mobile

Customer Question

Landlord /tenant... we have evicted a tenant, his mobile home is left behind. How do we proceed? If we obtain the title can we do whatever we need or want to do with it? Can we sell it? Can we repair it and rent it to someone else? What about his other possessions? Do we have to give him any notice of intent to sell? Do we do a sheriff's sale? What are his rights? If we do sell the mobile home and contents is he entitled to any proceeds above and beyond what he owes us for back rent?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 10 months ago.

I presume the tenant owned the mobile home?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
the tenant owned the mobile home he has been evicted by the sheriff.
Expert:  Damien Bosco replied 10 months ago.

Hi Blane: Below is the law. We can discuss it more if you want to do so. I will try to summarize in this paragraph for you. To summarize for you, after ten days for a manufactured home, if the tenant did not request the home and personal possessions, and the landlord elects to sell the property at public or private sale, the landlord shall give written notice to the tenant by first‑class mail to the tenant's last known address at least seven days prior to the day of the sale. The seven‑day notice of sale may run concurrently with the 10‑day period which allows the tenant to request possession of the property. The landlord may apply the proceeds of the sale to the unpaid rents, damages, storage fees, and sale costs. Any surplus from the sale shall be disbursed to the tenant, upon request, within 10 days of the sale and shall thereafter be delivered to the government of the county in which the rental property is located.

When the home is owned:

Section 42-25(9)(g)
(g) Ten days after being placed in lawful possession by execution of a writ of possession, a landlord may throw away, dispose of, or sell all items of personal property remaining on the premises, except that in the case of the lease of a space for a manufactured home as defined in G.S. 143‑143.9(6), G.S. 44A‑2(e2) shall apply to the disposition of a manufactured home with a current value in excess of five hundred dollars ($500.00) and its contents by a landlord after being placed in lawful possession by execution of a writ of possession. During the 10‑day period after being placed in lawful possession by execution of a writ of possession, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell any items of personal property remaining on the premises unless otherwise provided for in this Chapter. Upon the tenant's request prior to the expiration of the 10‑day period, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. If the landlord elects to sell the property at public or private sale, the landlord shall give written notice to the tenant by first‑class mail to the tenant's last known address at least seven days prior to the day of the sale. The seven‑day notice of sale may run concurrently with the 10‑day period which allows the tenant to request possession of the property. The written notice shall state the date, time, and place of the sale, and that any surplus of proceeds from the sale, after payment of unpaid rents, damages, storage fees, and sale costs, shall be disbursed to the tenant, upon request, with 10 days after the sale, and will thereafter be delivered to he government of the county in which the rental property is located. Upon the tenant's request prior to the day of sale, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. The landlord may apply the proceeds of the sale to the unpaid rents, damages, storage fees, and sale costs. Any surplus from the sale shall be disbursed to the tenant, upon request, within 10 days of the sale and shall thereafter be delivered to the government of the county in which the rental property is located.

When the home is rented

Section 44-A2(e2)

Any lessor of a space for a manufactured home as defined in G.S. 143‑143.9(6) has a lien on all furniture, furnishings, and other personal property including the manufactured home titled in the name of the tenant if (i) the manufactured home remains on the demised premises 21 days after the lessor is placed in lawful possession by writ of possession and (ii) the lessor has a lawful claim for damages against the tenant. If the lessor has received a judgment for possession of the premises which has been executed, then all property remaining on the premises may be removed and placed in storage. Prior to the expiration of the 21‑day period, the landlord shall release possession of the personal property and manufactured home to the tenant during regular business hours or at a time mutually agreed upon. This lien shall be for the amount of any rents which were due the lessor at the time the tenant vacated the premises and for the time, up to 60 days, from the vacating of the premises to the date of sale; and for any sums necessary to repair damages to the premises caused by the tenant, normal wear and tear excepted; and for reasonable costs and expenses of the sale. The lien created by this subsection shall be enforced by public sale under G.S. 44A‑4(e). The landlord may begin the advertisement for sale process immediately upon execution of the writ of possession by the sheriff, but may not conduct the sale until the lien has attached. This lien shall not have any priority over any security interest in the property that is perfected at the time the lessor acquires this lien. The lessor shall not have a lien under this subsection if there is an agreement between the lessor or the lessor's agent and the tenant that the lessor shall not have a lien.

Customer: replied 10 months ago.
Is there a pre-printed legal for for the notice of the sale? Is the notice mailed to his last kn9 address ? He is not allowed to go on that property?
Expert:  Damien Bosco replied 10 months ago.

The law says the last known address. If you are saying he has no access to his mail. although the law does not address that issue, possibly you can arrange in addition for a hand delivery if safe to do. I could not find a template for you but I found a link that has notices with an intent to sale a manufactured homes but in a more formalized way. You can call the newspaper to ask them about it if you are planning to have an auction to see if they have more on the notice to sale template:

http://www.encclassifieds.com/showads/section/show/title/Legal+Notices

We can discuss further if you would like to do so.

Customer: replied 10 months ago.
What if there are no offers to purchase the mobile home?
Expert:  Damien Bosco replied 10 months ago.

I believe you would submit something like an abandoned mobile home report to the DMV; they DMV says to contact NC DMB License & Theft Bureau(###) ###-####for more information on it. We can discuss more if you would like to do so. If not, I hope that I provided you with excellent service.

Customer: replied 10 months ago.
Can we accept any bid or price for three mobile home? For example could a member of my family offer $100.00 for the mobile home and the contents? This would be less than the arrears get on his unpaid rent.
Expert:  Damien Bosco replied 10 months ago.

Generally, the starting bid would be the amount owed on the property, i.e., the amount that is due in rent or fees on the property for a public bid. Recall, you have to give notice to the tenant and the tenant could bid on it too. We can continue to discuss if you want to do so.

Customer: replied 10 months ago.
If the evicted tenant entered a bid we are not required to accept it and we could accept a lower bid or offer from anyone else is that correct?
Expert:  Damien Bosco replied 10 months ago.

It is better for you to take the highest bid so you could not be accused of acting in bad faith if the tenant attempted to take you to court. We can continue to discuss if you want to do so.

Expert:  Damien Bosco replied 10 months ago.

Hello Blane: Just following up. I know my answer was not exactly what you wanted to hear. But is it better to know what is expected in this situation. I hope that I have provided excellent service. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards. If you have a follow up question, just let me know.