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How to Fight an Eviction

The article below covers the eviction process for mobile home owners inside a park. The eviction process for mobile homes on land is slightly different. This is not comprehensive and should not be used as legal advice. We are not lawyers and should not replace sound legal advice from a licensed professional. We are however seeking to provide information surrounding your rights as a mobile home owner and steps on how to fight an eviction. There are things you can do to fight and ways we can help as well! 

The eviction process in Texas can happen very fast. So it’s important to understand exactly where in the eviction process you are at, the options and action steps you can take at each stage of the eviction process, and the timeline you have. If you are feeling overwhelmed, please give us a call today at 512-643-7225. Regardless of what step you are currently at in the eviction process, there are ways we can help. We want to help you stay in your home or at very least, retain as much equity as possible.

The below information was found in multiple locations including the Landlords and Tenants Guide for Manufactured Home Communities written by attorney Judon Fambrough from the Texas A&M Real Estate Center

Missed or Unpaid Lot Rent: Act Fast!

If you missed a payment for lot rent, it’s imperative that you make that payment as soon as possible. This is by far the quickest and safest way to ensure the landlord does not take additional legal steps against you. (see below if you are past this stage)

This is also the step where Mobile Bye Bye can help! Are you behind on lot rent? Your landlord, the Mobile Home Park Community, can quickly take action to evict you from the property and force you to move your mobile home out of the park (which will cost thousands!) and could even take steps to take possession of your mobile home! If you are unable to pay lot rent, we have a Missed Payment Loan Program designed to help Owners who find themselves in need of assistance get back on track with their landlords as well as banks. If you are behind on payments and need help, please contact us today before it’s too late. 

Written Notice of Delinquency --> 10 days

Once you miss a payment for lot rent, your landlord is required to give you a Written Notice of Delinquency. Once received, you have 10 days to pay unpaid lot rent before the landlord has the legal right to take legal action to evict you. This is a critical timeframe and should not be taken lightly. If you have received a Notice of Delinquency, it’s crucial that you take immediate action to pay unpaid lot rent. 

The first step is to contact your landlord and make sure they are aware of your intentions to pay unpaid lot rent. The goal here is not to start a legal fight or a tit-for-tat battle with your landlord. The best approach is to find a way to work together in a kind and orderly manner. Often, landlords are willing to work with tenants and even give them time to pay unpaid lot rent. If this is the case, just make sure to get the agreement in writing. A verbal promise to allow you to pay unpaid lot rent is not enough. 

The next step is to contact Mobile Bye Bye. We have options that can help and are able to move quickly at this step. Because we are investors who pay cash for mobile homes, we can sometimes help mobile home owners get a sizeable cash amount for their home before they are evicted! We also have programs that can help you pay unpaid lot rent and get back on your feet through our Missed Payment Loan Program. Call today to learn more. 

Steps You Can Take If You Missed Lot Rent

  1. Call Landlord and confirm deadlines, missed payment totals, fees, and options
  2. Apply for our Missed Payment Loan Program 
  3. Pay Back Lot Rent & Fees (Before receiving Written Notice of Delinquency)
  4. Pay Back Lot Rent & Fees (After receiving Written Notice of Delinquency & Before Notice to Vacate)
  5. Sell Your Mobile Home for Cash (Optional)
  6. Move Your Mobile Home to Different Community (Optional)

We help homeowners at any stage in the eviction process. We can provide bridge loans to keep you in your home or cash offers to get you equity before you lose your mobile home!

Written Notice to Vacate? --> 3 days

10 days after receiving a Notice of Delinquency, your landlord can give you a Written Notice to Vacate. This is not an eviction and is not the date you will be kicked out of your home. This date is essentially a notice from your landlord stating they are planning to take legal action against you. Its saying that your deadline to pay is up and you are now being asked to move. In other words, the landlord is serious!

There may still be a chance here to work with the landlord. Mobile Bye Bye can help talk with your landlord, work with you on payments, and come up with a solution to keep you in your home before a court order is issued. 

At times, the landlord may even include language in the Notice to Vacate that provides options to pay unpaid rent in lieu of eviction. If this is true in your case, great news! You may be able to simply pay unpaid rent and keep your home in the park. 

Judgement for Possession --> 30 days

A Judgement for Possession is the 2nd official step of the Eviction Process in Texas. This is when the courts get involved and will likely require you attend a court hearing. It is important that you attend this court appearance. If your landlord has not given you all the required notices, not given you enough time, or has taken any illegal action against you (such as forcefully entering your home, illegally raising rates, shutting off utilities to your home, etc) you may be allowed to stay in your home and may even have the case thrown out. 

If you do not contest the eviction process and make no appearance in your defense, the court will issue a “Default Judgment of Possession”. Once a default judgement is entered, the court must notify the tenant in writing within 48 hours along with lienholders. 

Writ of Possession --> 1 day (24 hours)

A Writ of Possession is the final step in the eviction process under Chapter 24 of the Texas Property Code. This is a ruling made in favor of the landlord in an eviction case. The Writ directs the constable to take control of the property and turn it over to the landlord. 

Once a Writ of Possession is posted for 24 hours, the constable has the legal right to remove tenants from the property, remove belongings from the home according to provisions in the Texas Property Code, and give possession of the mobile home to the landlord. At this point you will not be allowed to enter the property and your belongings will be moved out to the street. 

Due to the fact that 24 hours is not enough time to hire a mobile home mover, at this stage in the process, we recommend owners take belongings from the property and find a location to live temporarily. There are still ways to keep ownership of your home but at this step it’s important you don’t lose your belongings inside your home. 

Notification of Removal --> 10 Days

Once a Writ of Possession is executed, your manufactured home may be removed from the park to a new location. The landlord must send written notice of the home’s new location to the tenant within 10 days after the removal. You will want to keep this information as this is who you will be contacting to regain possession of your mobile home and/or sell your mobile home. 

My landlord removed my mobile home, now what?

If your landlord has gone through each step of the eviction process, given you enough notice and time at each stage, and legally had your mobile home removed from the property, there’s still an opportunity for you to get your mobile home back! You can pay for the moving and holding fees and regain ownership of your mobile home if done before the deadline. If you wait too long here, the landlord and movers of your mobile home could legally sell your mobile home to recover costs of removal and your home would no longer be yours.  

Even if you find yourself at this step, the last step, in the eviction process, there is still hope! You can regain ownership of your mobile home and move it to a new park, or you could choose to sell it! Mobile Bye Bye can help. We can purchase your mobile home for cash, pay back fees, and ensure you get as much equity as possible out of the mobile home. Contact us today to learn how we can help. 

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