When you, as a property owner, successfully prevail in an Unlawful Detainer action against a detainee, the next step may be removing the detainee’s mobile home from your property. This process is governed by Florida Statute § 713.785, which outlines the rights and responsibilities for removing and storing a mobile home in such circumstances. Understanding the legal framework and procedural steps is crucial to ensure compliance and avoid potential legal pitfalls.
What is an Unlawful Detainer Action?
An Unlawful Detainer action is used to regain possession of real property when an individual (the detainee) remains on the property without legal rights or title. This action is often used when an occupant, guest, or family member refuses to leave your property despite having no legal right to remain.
Once the court rules in your favor and issues a Writ of Possession, you regain legal control of your land. However, this judgment does not automatically remove the detainee’s personal property, including any mobile homes they may have on your land.
When Mobile Homes Must Be Removed
If the detainee’s mobile home remains on your property after you have regained possession, you may need to have it physically removed. In cases where the detainee does not voluntarily remove their mobile home, Florida Statute § 713.785(2) provides the mechanism to have the mobile home towed by a licensed mobile home transport company.
Steps to Remove the Mobile Home Under Florida Statute § 713.785(2)
Here is the process that property owners must follow under this statute:
1. Obtain a Writ of Possession
Before initiating the removal process, ensure you have obtained a Writ of Possession. This document is issued by the court after prevailing in the Unlawful Detainer action and allows you to legally regain control of the property.
2. Hire a Licensed Mobile Home Transport Company
Once you have the Writ of Possession, you may engage a licensed mobile home transport company to remove the mobile home from your property. The mobile home transport company will be authorized to remove and store the home under specific conditions as outlined by the statute.
Important: Make sure the transport company you hire is familiar with Florida laws regarding mobile home removal and storage, and that they comply with all local regulations.
3. Mobile Home Transport Company Secures a Lien
Under F.S. § 713.785(2), the mobile home transport company will automatically have a lien on the mobile home for both:
- A reasonable towing fee, and
- A reasonable storage fee (if the mobile home must be stored at their facility).
This lien serves as a form of protection for the transport company and ensures they are compensated for their services. It also means that the transport company will have rights to the mobile home until the fees are paid, typically by the detainee or the home’s owner.
4. Notify the Mobile Homeowner
The transport company is required to notify the mobile homeowner (or previous occupant) that the home has been towed and where it is stored. The owner will be responsible for paying any towing or storage fees to reclaim the home.
If the mobile home is not claimed within a certain time frame, the transport company may initiate legal action to sell the home to satisfy the lien.
5. Address Abandoned Mobile Homes
In some cases, the detainee may abandon the mobile home altogether. If the mobile home is deemed abandoned, the transport company or the property owner may need to follow specific procedures to dispose of the mobile home in accordance with state law. This may involve filing additional paperwork and following abandonment protocols to legally transfer or dispose of the mobile home.
Key Considerations for Property Owners
- Reasonable Fees: The statute only permits a lien for “reasonable” towing and storage fees. Ensure the transport company provides an itemized breakdown of costs to avoid disputes over what constitutes a reasonable charge.
- Abandoned Property: If the mobile home is abandoned, there may be additional legal steps required to properly dispose of it. Consult with an attorney familiar with mobile home law to ensure you meet all legal requirements.
- Compliance with Local Regulations: Before removing a mobile home, check whether your local jurisdiction has any additional requirements or permits related to mobile home removal.
- Storage: If the mobile home cannot be moved immediately to a storage facility, ensure that any on-site storage complies with local ordinances, particularly if the home will remain temporarily on your land.
Florida Statute § 713.785: Removing a Mobile Home from Your Property
The process of removing a mobile home after an Unlawful Detainer action can be complex, but Florida Statute § 713.785 provides a clear path for property owners to legally and safely remove such homes when necessary. By following the legal steps outlined in this statute and working with a reputable mobile home transport company, you can avoid complications and ensure that the mobile home is removed in a lawful manner.
If you are unsure of the process or face any challenges along the way, consult with an experienced attorney who specializes in Florida property law and landlord-tenant disputes.
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