What are my rights if a mobile home is on my land and no rent has been paid?

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What are my rights if a mobile home is on my land and no rent has been paid?

I have a mobile home on my land and I am trying to get the owner to move it. The owner has paid only two years rent on the land in 13 years. Can I keep the mobile home myself for the rent that is owed to me? The owner refuses to move it off my land.

Asked on June 1, 2009 under Real Estate Law, North Carolina

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT but i practice in this area.  Unfortunately, you cannot take the mobile home in lieu of the rent.  What you need to do is have a eviction letter served on the owner of the mobile home to leave your property.  Make sure this is properly filled out and served.  If the person still fails to leave, you need to file an eviction action in the housng court.  You could also try to file a collection action and get a judgment and put a lien on the mobile home or try to take it.  If the mobile home is paid off, then you may be able to take it.  I would consult a lawyer to make sure that your paper work is right depending on which action you take.


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