Full question:
I own property in which there exist a Mobile home, the person living in the home had been paying lot rent. I find out that he moved away and left the home. This mobile home has been on the property at least 10 years, maybe longer. This is also the only mobile home on the property, it was there when I purchased the land which I use for another business. I agreed he could stay just pay lot rent which he did and does not owe any money to me. The mobile home does not belong to me, it is abandon and he owes $26 grand to the mortgage company. The home is also in a place that moving it will very difficult. I want to charge the mortgage company storage fees. What do you suggest?
- Category: Abandoned Property
- Date:
- State: South Carolina
Answer:
The situation depends on whether the mortgage company holds the title to the mobile home. If they are the named owner, you can send them a notice requiring them to remove the property within a specified time. If they fail to do so, you may deem it abandoned and start charging storage fees. Typically, you should notify them that after a certain period, the property will be considered abandoned and subject to sale or disposal. Keep a copy of this notice for your records.
It's also advisable to contact your local police department, as laws regarding abandoned property can vary by location. When someone agrees to hold property for another, a legal concept called 'bailment' is created. There are different types of bailments: 'bailments for hire' (where the custodian is paid), 'constructive bailment' (where the custodian has a duty to protect the goods), and 'gratuitous bailment' (where there is no payment, but the custodian still has some responsibility). In gratuitous bailments, the custodian must exercise slight care and is only liable for gross negligence.
To establish a bailment, the custodian must have actual control and the intent to possess the property. Courts will interpret these factors based on the expectations of the parties involved. If the circumstances suggest that liability would be unexpected, a court may find that the custodian did not have the necessary control or intent.
Refer to South Carolina's statute regarding landlord's lien and distress proceedings: § 27-40-740. A landlord's lien on a tenant's household goods is not enforceable unless perfected before the effective date of this chapter. Additionally, collection of rent by distress must follow specific legal procedures, and tenants may raise defenses against such actions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.