Eviction?

This is a discussion on Eviction? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I have a friend who lives in OH. She owns a mobile home and rents the land that it is ...

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Old Jan 5th, 2008, 12:22 PM   #1
ganzuini
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Confused Eviction?

I have a friend who lives in OH. She owns a mobile home and rents the land
that it is on. She rents the land that the mobile home is on. She has not
been paying the rent due to there being a sewage leak on her land. She
recently got an eviction notice saying that they were going to kick her out
of her mobile home. Is this allowed? Can they set foot in her mobile home?
Don\'t they have to remove her whole mobile home off th land inorder to
evict her
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Old Jan 5th, 2008, 10:21 PM   #2
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Default Re: Eviction?

Why would she stop paying rent? She is the owner of the mobile home, correct? She rents only the lot. Where is the sewage leak? Is it in the pipe connected to her trailer? If so, she may be responsible to have it fixed, not the owners of the park. If it is away from the trailer in the line leading to the main, the owners may be responsible.

But she cannot rent withhold until she send appropriate written notice to the owners and gives them an opportunity to repair first. She needs to pay the rent immediately. Then send a written repair request detailing what needs fixed to the owner, send it by certified mail, return receipt requested, and keep a copy for her records. (She must have this written record of requesting the repairs before starting rent withholding.) She then needs to give them time to look at the problem and repair it before she can consider rent withholding. If they fail to repair, she needs to contact the clerk of court for her city/county and ask for the correct procedure to rent withhold (which usually means she has to pay her whole rent on time to the clerk of court at the court itself). They give her a receipt and notify the LL that they have his rent so he can't evict.

When or if the owner evicts her, it is her responsibility to remove her mobile home off their land by the date the court gives her. It is not their financial responsibility to pay to have the mobile home removed. It is her home and she has to pay to remove it. If she fails to move it, and they must pay to have it removed, it will be charged to her, or they can sue her for the cost, obtain a judgement, and place a lien on the home. She should get more time to vacate (move her trailer) than someone in an apartment since the whole home must be moved.

Last edited by OHlandlord; Jan 5th, 2008 at 10:23 PM.
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Old Jan 7th, 2008, 05:56 PM   #3
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Confused Re: Eviction?

So I gave my friend the information you gave me. Now she is wondering if they have the rightto enter her trailer and remove her stuff? Cause that is what they are threatening.
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Old Jan 7th, 2008, 09:36 PM   #4
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Default Re: Eviction?

If this is her trailer, they cannot enter her private property. But they can evict her and the trailer off their lot for non-payment.
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Old Jan 8th, 2008, 08:44 PM   #5
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Smile Re: Eviction?

Thank you for your help!!!
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