How do I evict a tenant from a mobile home I inherited 2 years ago?

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How do I evict a tenant from a mobile home I inherited 2 years ago?

The tenant was my mother’s significant other. They lived together several years before her death 2 1/2 years ago. The mobile home deed has her and my name on it. I’ve paid the property taxes on the home for the last 2 years. Other than that, the tenant has covered all other expenses, including lot rent (as far as I know). Now, the time has come for me to sell the home. What steps do I need to do to get him evicted and to keep the home furnished as it was when my mother died? Are there squatter’s rights that I need to be mindful of?

Asked on September 22, 2011 under Real Estate Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are no squatter's rights for a tenant. I don't believe this is an issue of adverse possession. What you need to do is inform the tenant in writing that you plan on selling the mobile home and that he has thirty days or more (should you choose to give him more) to vacate the premises. If he refuses to leave, you will need to serve him with eviction documents, which means you need to go to court to obtain an order of eviction. Once you obtain the order of eviction, you can have the sheriff serve it on him if he still refuses to leave. Every state is different in the notification requirements and how you file. Contact the local court in your county and find out if they have a special landlord tenant court and any information online or even forms online for filing such eviction documentation and motions.


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