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[RPPTL LandTen] Eviction from mobile home park - personal property after death

P
pat (at) hoganlegalservices.com
Mon, Oct 5, 2015 11:27 PM

Dear listserv,

I handle Chapter 83 landlord/tenant matters but have a Chapter 723 mobile home lot eviction question.

After death of a mobile home owner, lot rent is not paid, and the mobile home owner is evicted (i.e. 723.062 lot eviction).  I assume the park can do a disposition of the stored mobile home with notice under 715.106 (Disposition of Personal Property Statute) and keep the proceeds if no one responds?

But If a probate opens months later, and the mobile home park has successfully evicted, published notice, and sold before a probate gets opened, does this keep the park from any potential $ or notice obligation to a probate PR?  Even if the park had a surplus beyond what the park was owed by the tenant?

As a matter of greatest frequency, do mobile home park owners more typically publish notice for mobile homes disposed as personal property, under an assumption that the mobile home is greater than $500, or do the park owners believe the units are less than $500 and don't do a public notice?? Do park owners keep support for value determination (appraisals)?  I don't see many public notices for these type of abandonments in the Business Observer.

Thank you in advance for any insights.

Patrick T. Hogan, Esq.

Hogan Legal Services, P.A.

Pat@HoganLegalServices.com

Dear listserv, I handle Chapter 83 landlord/tenant matters but have a Chapter 723 mobile home lot eviction question. After death of a mobile home owner, lot rent is not paid, and the mobile home owner is evicted (i.e. 723.062 lot eviction). I assume the park can do a disposition of the stored mobile home with notice under 715.106 (Disposition of Personal Property Statute) and keep the proceeds if no one responds? But If a probate opens months later, and the mobile home park has successfully evicted, published notice, and sold before a probate gets opened, does this keep the park from any potential $ or notice obligation to a probate PR? Even if the park had a surplus beyond what the park was owed by the tenant? As a matter of greatest frequency, do mobile home park owners more typically publish notice for mobile homes disposed as personal property, under an assumption that the mobile home is greater than $500, or do the park owners believe the units are less than $500 and don't do a public notice?? Do park owners keep support for value determination (appraisals)? I don't see many public notices for these type of abandonments in the Business Observer. Thank you in advance for any insights. Patrick T. Hogan, Esq. Hogan Legal Services, P.A. Pat@HoganLegalServices.com