Need help with a landlord vs. landlord dispute?

Question

I live in Florida. We rent from this one woman who owns the house we live in. Our lease is with her. The house sits on a piece of property owned by someone else. These two individuals went to court today because despite the fact that I was paying full rent on the first of every month, the homeowner failed to pay the landowner. Today, the judge granted an eviction of the removal of the home off her property.

Now, the homeowner is telling me that we still have 30 days because the landowner has to file a lawsuit to have the house removed. However, I called the secretary to the judge and she is saying that the landowner just has to file a writ of possesion and once the sheriff comes out and puts the notice on the door, we have to leave. OK. Now, I'd like to see someone move an entire house off property within 24 hours. My only concern is, since the eviction is on the house and not the occupants of the house, shouldn't we have longer to leave? I have read that evictions for property off land is different than evictions for tenants out of a house. Any ideas?

Answer 1

This is not a 24 hour eviction, this has been going on for at least a few weeks, it is not a big surprise.



The house needs to be moved, even if that means it has to be impounded.



You do have a good argument, you should be able to continue to reside in the house where ever it is moved to. But you can not prevent the house from being moved, that is a done deal. I do not think they will have to remove any of your things to move the trailer, just disconnect the water, sewer and electricity and hook it to the truck.

Answer 2

excuse me but is it OK if I don't believe you?



who in their right mind would build a house on property that they only lease?

[excluding Hawaii where the average lease is 30-60 YEARS in duration]



simple as that.



Here is the problem with your case and the judge's decision:



in a tenancy, it is a "bundle of rights." A lease for a day, week, or a gazillion years is

considered in law, a BOR. ONE gets to use the floor, ceiling, piping, walls, etc.

THE lease would state the DIRT but floors are presumed to above the dirt.



So, I would go to court tomorrow and seek an injunction.......i would seek a ":stay of execution"

of the judge's judgment. I would "INJUNCT" the sheriff from coming out to throw you out.



UNLESS the lease has components showing that the owner of the land has

separate interests with all tenants [never seen or heard of that, but I have not seen it all]

the property --land owner--is a DEFACTO partner with the home owner. That is

because {i am sure] your lease did not state that others have tangent rights to the

property the house is on.



IT is not your responsibility to seek when renting, the facts of the owner of the land. IN 99% of

all circumstances, it is PRESUMED to be the home owner.



So, "pray" to the judge that you be allowed to stay there till your lease runs out. I am betting

he will permit it if you use my arguments listed above.



[there cannot be an eviction on a thing] an eviction has to be responded to by a person.

Answer 3

Answer for Kemperk -



In FL, people do rent lots to other people who own manufactured homes. Not just in mobile home parks, but private land owners.



There are a couple if particular areas in Orange County (Central FL) that I can think of off the top of my head where most of the manufactured homes are owned by someone who rents the lot from someone else. In fact, my parents used to own a couple parcels of land in their community that they rented to folks who owned the manufactured homes that were on the land.





As to the OP, yes a MH can be moved off the lot in 24 hrs. I'm thinking the landowner already has a MH transporter waiting to get the "OK" to remove the house from the lot. The woman is not throwing you out of the house, but rather is having the house removed from her property. Too bad for you if you & your things are still there; the sheriff will probably order you to leave immediately when he executes the writ of possession.

Answer 4

"My only concern is, since the eviction is on the house and not the occupants of the house, shouldn't we have longer to leave?"

I don't mean to sound mean, but what are you going to do, camp on the land? If you don't feel that your rights are being protected, then I think the best thing you can do is contact a tenant rights lawyer. I really wish that I a better answer for you.



With the writ of possession, if the house isn't gone by the time put forth in the writ, the owner of the land can probably demolish the house. And yes, that can be done in a 24 hour time frame.

Answer 5

Unless you want the sheriff throwing your belongings into the street start packing and get out.