Eviction process for an R/V on a rented lot

[Sara Hopson]

Hi, can anyone direct me to the process for how to handle a tenant that has not paid their lot rent?  We bought a mobile home park and several of the lots are lot rent only to R/Vs.  We have one that has not paid his rent this month.  I talked to him over the phone and also put a 10 day notice to pay on his door.  Well, he was supposed to get his stuff off the lot last week and has not.  He also has not paid either.  He has until tomorrow.  Has anyone had this happen? Does posting something on his door count as written notice?

[Chris Martin]

It's not clear what county you are in but in counties I have experience in, judges in small claims court will sometimes ask the plaintiff for 'proof of service'. If the defendant (your land lease tenant) says 'Landlord didn't tell me to leave...' and the plaintiff (you) say 'Yes I did, I gave you a 'nailed up' (provided on the parcel) notice'... the judge will simply ask you (plaintiff) to show proof of service. If that happens, expect that your case will be dismissed. That's why 99% of land owner people will just hire the sheriff ($30 in most, if not all NC counties) to guarantee delivery of the notice. I highly recommend this notice method for anyone in NC. 

I don't own MHP property, but I can say that the RV on your lot is not yours. That personal property belongs to your 'tenant'. A quick browse of shows that: '"Premises" means a dwelling unit, including mobile homes or mobile home spaces...' It appears that you are leasing the land only, as a 'mobile home space'. If you decide to move the RV and execute a 'self help' eviction, you open yourself up to a counterclaim. 

There is a time and place to hire an attorney. This, IMO, is one such time and place where I would recommend you get some help. 

Disclaimer: This post is my opinion and I am not a lawyer. Always best to get competent professional advice n your particular lease/circumstance.