[Sljudson]

I own a modular home but rent the lot it sits on in a mobile home community. My 16 yr old son was supposedly seen smoking pot on the property by an employee. Can I be evicted? If they did see my son with drugs, shouldn't the police have been notified? How do I protect myself and my home? I live in Missouri, Clay County. I expect a knock on my door today with eviction notice.

[donf]

Forget the home and the lot its on, how do you plan on helping your son get off drugs!

That's the question you need to be asking.

[excon]

Can I be evicted? If they did see my son with drugs, shouldn't the police have been notified?

Hello S:

It depends on the wording or your rental agreement... However, most of them include provisions that allow eviction for illegal activities... If you want to FIGHT the eviction, it's a GOOD thing they didn't call the cops, because if they did, they'd have PROOF of their allegations... Right now, they have no proof, except what somebody said they saw. In most courts, that wouldn't be enough to sustain an eviction... But, nobody can tell you what a small town judge would do.

I don't know what you mean by losing your home... When you say modular, does that mean it has no wheels and isn't movable?? If so, then the wording of your agreement is even more important... You certainly wouldn't have signed a lease that put the OWNERSHIP of your home into the hands of your landlords?? Let's hope you didn't do that.

excon

[Sljudson]

I have tried. He says he is going to do what he wants regardless of what I say or do. Most likely he will go stay with his dad (less than a mile away)
So he has a place to go. My husband died 5 yrs ago and I used his life insurance to buy my home. It's the only home I have and I need to know my legal rights. The mgr is a bully and will try to force us out.

[Sljudson]

No I own it and it is titled to me only. And yes it is movable but very expensive. I am currently unemployed with no savings. The notice will give me 10 days to vacate. I guess if I can't move the home in that amount of time I forfeit it? Not sure which is why I am seeking advice here.

[excon]

The notice will give me 10 days to vacate. I guess if I can't move the home in that amount of time I forfeit it?? Not sure which is why I am seeking advice here.

Hello again, S:

Nahhh. You won't lose it.. Maybe the NOTICE will give you 10 days, but notice ISN'T eviction. Eviction happens in court, and you'll have a lot longer to either defend yourself, or put the wheels on. Given that you have to take your home with you, I can't imagine that the court will treat this eviction just like they would ordinary renters...

Again, S. Your rights are located IN your rental agreement... Please READ it, and get back to me.

excon

[donf]

S,

Just to piggy-back on Ex's thoughts, but has anyone served you with any legal documents yet?

If they are warning you, then put the document in your son's hands and tell him he cannot live with you if he cannot stop the behavior that is causing the problem.

Again, to echo Ex, please the agreement you signed, first to make sure it is a rental agreement and not a "Land Use Contract" and second to understand exactly what the grounds for eviction are.

One final note, it is not you that is misbehaving, it is your son. So to my way of thinking, if any action is to be taken it must be against him. If the owner raises a stink, ban the child from the community. Its called "Tough Love" and it will break your heart but the consequences are far worse than letting him continue with the drugs and alcohol.

Believe me when I say I understand your situation, our son started into drugs and alcohol when he was sixteen.

[twinkiedooter]

Ok, in mobile home communities they have essentially boiler plate rules that apply regardless of what state you are in. They do not let felons live there. They do not condone drug activity. You cannot own firearms there either.

They may try to get you on the drug activity clause of the MH park rules. You need to get out your rule book and look at that very carefully and pay particular attention to those two items. If you do end up in court with an eviction notice/suit then you can explain to the Judge that your son was the culprit but he does not live there any longer as you do not want to jeopardize your home and the park's strict rules of no drugs on the premises. You may want to consult with an attorney that knows mobile home park rules as they are somewhat different than regular rental rules for eviction and rules.

You may be forced to literally move out of the home and be forced to sell it if the Judge decides in the park's favor. I'd consult with an attorney NOW to hopefully nip the problem in the bud before an eviction lawsuit is filed.

The park must give you written notice of what park rule you violated and give you 30 days to correct this violation. If you don't correct this violation (which you did by having son live elsewhere) then they can and will file the formal eviction proceeding citing the written notification as proof you are in violation.

What specifically does your rule book say?? I'll compare it to my MH park rules.

[twinkiedooter]

Oh you won't lose your home if you get evicted. The home didn't get evicted - you and your family did. That means you still have to pay the park lot rent on the house as the house is still a tenant at the park.

That scenerio has happened where I live many times. The kids get the parents in trouble and the family must move out. The house stayed on the lot and the family had to keep paying the park rent and put it up for sale and sold it.

Yes, it is very expensive to move a modular as it is in two pieces and must be professionally taken apart and ready to move and put together again at a different location. You're looking at around $12K to do this. Most of the money is for the new site preparation and proper utility hook up. You don't have a modular home if the home is not on a crawl space or a basement. You have a double wide manufactured home if the home can still be moved. The true modular homes have floor systems that require the home to be placed on an outer wall. The double wide manufactured homes have steel frames under the home. Modulars have no steel frames as the frames are only to transport the home to the site and then are returned to the factory for reuse.

[Sljudson]

I will get back to you all once I find my rules and lease. So far I haven't heard from the office. I am going to look online to see if anything was filed at courthouse. Cross your fingers everyone...

[Fr_Chuck]

They would have to give you a notice first and you refuse to honor it, or demand to fight it, before they file anything at the court house.