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.
- Category: Abandoned Property
- Subcategory: Landlord Tenant
- Date:
- State: Georgia
Answer:
Under Georgia law, if a landlord obtains a writ of possession for a mobile home and the tenant does not remove it within ten days of the final order, the landlord can have the mobile home removed. This must be done by a licensed motor common carrier. The landlord is entitled to recover moving fees and storage expenses.
The relevant law states that if the court issues a writ of possession for a mobile home, and the tenant fails to move it within ten days, the landlord may have it moved at the tenant's expense. The person moving the mobile home can place a lien on it for the moving fees and storage costs, which may be claimed similar to special liens on personal property (Ga. Code § 44-7-59). Storage fees can be charged up to four dollars per day.
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.