[RPPTL LandTen] Eviction from mobile home park - personal property after death

[pat at hoganlegalservices.com]

Dear listserv,


I handle Chapter 83 landlord/tenant matters but have a Chapter 723 mobile home lot eviction question.


After death of a mobile home owner, lot rent is not paid, and the mobile home owner is evicted (i.e. 723.062 lot eviction).  I assume the park can do a disposition of the stored mobile home with notice under 715.106 (Disposition of Personal Property Statute) and keep the proceeds if no one responds?


But If a probate opens months later, and the mobile home park has successfully evicted, published notice, and sold before a probate gets opened, does this keep the park from any potential $ or notice obligation to a probate PR?  Even if the park had a surplus beyond what the park was owed by the tenant?


As a matter of greatest frequency, do mobile home park owners more typically publish notice for mobile homes disposed as personal property, under an assumption that the mobile home is greater than $500, or do the park owners believe the units are less than $500 and don't do a public notice?? Do park owners keep support for value determination (appraisals)?  I don't see many public notices for these type of abandonments in the Business Observer.


Thank you in advance for any insights.




Patrick T. Hogan, Esq.

Hogan Legal Services, P.A.

Pat at HoganLegalServices.com
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