Can the landlord claim storage charges for leased mobile home for which he received writ of possession?
Full Question:
I received a writ of repossession for a mobile home I leased for nearly 15 years a year ago. The mobile remains on my private property (owned and free of debt...the land). Since the mortgage company has not removed the mobile home from my land, is this considered abandoned property and/or can I charge storage fees...? What is the process to claim abandoned property, if applicable? Fyi payments were made, but several sent back to collect more money at once after being late. Thanks.
05/05/2017 |
Category: Abandoned Pr... ยป Landlord Ten... |
State: Georgia |
#36695
Answer:
The relevant law on writ of possession of mobile home is given below:
Ga. Code § 44-7-59
If the court issues a writ of possession to property upon which the tenant has placed a manufactured home, mobile home, trailer, or other type of transportable housing and the tenant does not move the same within ten days after a final order is entered, the landlord shall be entitled to have such transportable housing moved from the property at the expense of the tenant by a motor common carrier licensed by the Department of Public Safety for the transportation of manufactured housing. There shall be a lien upon such transportable housing to the extent of moving fees and storage expenses in favor of the person performing such services. Such lien may be claimed and foreclosed in the same manner as special liens on personalty by mechanics under Code Sections 44-14-363 and 44-14-550, except that storage fees not to exceed $4.00 per day shall be expressly allowed.
