How do I have a mobile home removed from my property?

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How do I have a mobile home removed from my property?

The land belongs to me. The mobile home
does not belong to me.

Asked on October 7, 2017 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they are a rent-paying tenant of yours, you can evict them if they have given you legal grounds for eviction (e.g. not paying rent, violating the terms of a lease, not leaving after a month's notice if they are a month-to-month tenant, etc.). You would file an eviction action in court to remove them. If they are not a rent paying tenant, they are considered a "guest" and a guest may be asked (in writing) to leave on 30 days notice at any time; if they don't leave then, you could bring a different kind of legal action, traditionally called an action for "ejectment" (though your state may have a different name for it) to remove them. In either event, you go through the courts after providing proper notice, bring the appropriate action (eviction or ejectment), and get a court order or judgment removing them; when you have order or judgment, you can then apply for and get a "warrant" or "writ" which will instruct law enforcement (e.g. the sheriff) to remove the person. After they are gone, if they did not take the mobile home, there are further procedures that can be done to then have the right to physically remove and sell or dispose of the home and any contents thereof. In no event would they have the right to remain there indefinitely on your land.
You are strongly advised to retain an attorney to help you; the actions described above are "technical" in that a minor error can force you to start over; therefore, let a lawyer help you. A landlord-tenant attorney should know how to bring either type of action. Good luck.


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