[tymann23]

I'm behind 3 months on land rent and the people filed for an eviction (we weren't even notified of the date for court) we were just served papers saying we had 15 days to pay the whole amount we would be removed. We owe $1,815, and do not have the option to pay this in 15 days, it is not possible, we have tried to get help from agencies etc. and have had no luck. The people refused to allow us to make payments OR give an extension on the eviction, we can have the whole amount paid in 25-30 days, but not 15. We tried to keep up on our rent but we lost employment and were barely eating for a good period. It's not like we were squatting. My main question is if we pay the amount due AFTER the day of eviction can we move back into our home since we own the mobile home outright? Please if anyone can help me it'd be tremendously appreciated, thank you.

[AK lawyer]

It's very doubtful. The idea of an evictin is, from the landlord's point of view, to remove the tenant from the property. If you have breached the lease agreement by not paying rent on time, paying late will not un-do the breach. It will simply eliminate most of the damages the landlord has suffered because of the breach.

Have you considered filing for bankruptcy protection?

[twinkiedooter]

The park must first go to court and get the order of eviction. Did the hearing already take place? Or did you just get the notification from the park about the late rent?

If you just got the 15 day notice from the park and did not go to court yet, then you need to get the money together as soon as possible and pay the rent in full. The park then has the option of either taking the rent from you in full and cancelling the court action or refuse your rent and continue on with the eviction hearing at which time the judge will decide if you stay or not. You can bring the entire amount (in cash) to the courthouse and offer to pay the rent in full at the courthouse in front of the judge.

A neighbor of mine lived in a run down, poorly kept up MH and the park could not evict him but when the homeowner fell behind in the park rent, the park took him to court and even though the owner of the MH had the rent money in his hand at the hearing, the park owner refused to accept the rent and the judge ordered the eviction of the tenant giving them so many days to vacate the home.

Have you asked the park if they will take the entire amount due after the 15 days will that stop the eviction? Parks usually will do this once for a good tenant as there are a lot of empty lots in parks nowadays and the park owner may chose to keep you as a tenant versus having a vacant lot not generating any income. And the park will have to have your home removed if you don't have it removed or sold to someone else and have to wait for their park rent.

[AK lawyer]

... The park then has the option of either taking the rent from you in full and cancelling the court action or refuse your rent and continue on with the eviction hearing ...

If the OP owes it at the time of the hearing, the LL could take the money and ask for an eviction order at the same time. Because, otherwise, the LL would have to sue for the rent anyway.

[Fr_Chuck]

IF you were not legally served and they went to court. So you may file to have any ruling over turned pending a new hearing if they did not legally serve you.

[ScottGem]

The first question is who these papers came from? Only a court can issue an eviction order and for a court to do so requires a hearing.

So if you have not received a summons to court what you received may be the only the first step in the eviction process.

[tymann23]

Hey thanks for the feedback folks, I received an eviction notice from the court. And YES I was NOT served with papers to notify of the court hearing for eviction, nothing at all.

[ScottGem]

So, you go back to the court and ask that the order be vacated because you were not informed of a hearing. That may buy you enough time to bring the rent up to date.