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  1. #1
    Join Date
    Nov 2015
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    14

    Default How to Evict a Mobile Home Owner from Land You Own

    My question involves Real Estate law in the State of: Florida

    Land is a Life Estate, my sister is the Grantor, her husband and myself are the Grantees.

    I (Grantee) had a mobile home on the property, and sold it to my nephew about 5 years ago, just the mobile home.

    Before my nephew purchased the mobile home, I had a verbal agreement that he keep up the yard himself and no drugs allowed on said land. He agreed to the verbal agreement without hesitation.

    There is no written contract or agreement of any kind. He pays no land rent for mobile home on land, he pays no rent of any kind. He pays no property taxes or property insurance, myself and my sister pay this, as I know she is responsible for the taxes and insurance, but I chose to pay the insurance. No check or cash has changed hands with my nephew for any reason, only the sale of the mobile home.

    Nephew does not keep up property, weeds and trees growing out from under his home, does not cut grass, and now is smoking marijuana in the home.

    He was told by my sister today that she wants him to leave, because he is not keeping up the property and using drugs on property, and using the drugs with his 1 year old in the same room. She told me today that she had already told him to move by January of this year.

    How can we evict him off of the property? or is next step to call police for the drugs?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Evict a Mobile Home Owner from Land You Own

    The arrangement does not fall under the Florida landlord tenant statute or under the mobile home park statute so, between you and your sister, or just your sister, you will have to follow the eviction process addressed in:

    http://www.leg.state.fl.us/Statutes/...3EChapter%2082

    I suggest you evict first, even if you have to hire a lawyer to guide you through the court process, rather than drop a dime on him for drug use.

    If you get him arrested, you'll have an issue with a potentially abandoned mobile home which is likely to be a more expensive process than eviction.

    The first step is to give him written notice of termination of his occupancy. 30 days ought to be enough. If he and the mobile home are still there after 30 days, you file for eviction in court.

    The prior notice by your sister is no good for anything. She waived that by taking no action when January came and went.

    You have to start all over again now.

  3. #3
    Join Date
    Nov 2015
    Posts
    14

    Default Re: How to Evict a Mobile Home Owner from Land You Own

    adjusterjack: Thank you for your response so quickly.

    Is there a template she could use as far as a "written notice of termination of occupancy"?

    I agree with you concerning the drug use. I'm just worried about the 1 year old, but I guess no matter where he lives he will continue the drug use in the infants presence.

    I will pass on this information to my sister.

    Thank you again.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Evict a Mobile Home Owner from Land You Own

    Is there a template she could use as far as a "written notice of termination of occupancy"?
    There's plenty to be found online but they likely all refer to statutes and leases and rental agreements, none of which apply here so it's best to just use a one or two sentence letter telling him that you want him and his MH gone by such and such a date or you will have no choice but to evict through the courts.

    Make sure you keep a copy and make sure it's delivered in person in the presence of a witness who is prepared to testify in court as to the delivery. Preferable to have that witness also take a dated photo (with a digital camera or camera phone) of the delivery in addition to a willingness to testify.

    I agree with you concerning the drug use. I'm just worried about the 1 year old, but I guess no matter where he lives he will continue the drug use in the infants presence.
    That's unfortunate. One option is to call CPS at any time you actually witness him using marijuana while the child is there and hope that CPS will send somebody over right away, catch him in the act (or smell the use), and remove the child from the home.

    Up to you if you want to do that and take the chance that it might result in an arrest.

    Before you decide, you'll want to read the following article on abandoned mobile homes:

    http://davisbastalaw.com/obtaining-t...d-mobile-home/

    There are live links to additional reference material just below the article.

    Be prepared for a variety of scenarios so that you and your sister can jump on this immediately after his time is up.

    Go on to your county court website and look for eviction forms and instructions so you know in advance what you need to do and not waste time trying to figure that out after the time is up.

  5. #5
    Join Date
    Nov 2015
    Posts
    14

    Default Re: How to Evict a Mobile Home Owner from Land You Own

    I just talked to my sister, she will give him 30 days, then take further action if need be.

    Thank you again for your response so quickly. May I ask you what your background is? Are you an attorney, retired that is?

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Evict a Mobile Home Owner from Land You Own

    I'm not an attorney and I don't play one on TV.

    I am a retired insurance professional with many years in claims, underwriting, and sales. I am a former rental property owner. I handled my own divorce without hiring a lawyer and came out rather well (going up against a shark of a lawyer, I might add). I have used small claims court many times. I am an automotive hobbyist and have bought and sold cars all my life. I have been volunteering on several legal websites for the last 15 years. I know a little about a lot of things, a lot about a few things, and what I don't know, I know how and where to look up. I don't give legal advice, I just make helpful comments. I'm not perfect. Most of the time I'm right on the money, sometimes not. That's why I steer people to other sources so they can verify my comments and educate themselves on the topics at issue. I'm here every day and generally respond to posts within a day or two.

    Feel free to report back to this thread with your progress or success or if you have any more need for discussion.

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