Legal Question in Real Estate Law in Mississippi

please help

I went to move a mobile home today that I own because the tenant moved out and hadn't paid his payment for four months. As the movers were putting on the axles the man that owned the land said we couldn't move till he had his money from the tenant for lease of his land. I am only 27 and own 5 mobile homes that I rent and I sold this one. So, my question is can I move my trailer. I am in Mississippi if that makes a difference.

Asked on 9/11/08, 11:45 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: please help

It looks like the landlord has a possessory lien on the mobile home. Ref: Miss. Code Section 89-7-51. Lien of landlord. Hire an attorney and sue the landlord and the tenant for replevin of the of the mobile home, breach of the lease, and damages, and you may consider posting bond so you can take immediate possession of the mobile home and deliver it to your buyer. Consider amending your mobile home leases so this won't happen again regarding your remaining units.

Miss. Code Section 89-7-51 states in part:


(2) All articles of personal property, except a stock of merchandise sold in the normal course of business, owned by the lessee of real property and situated on the leased premises shall be subject to a lien in favor of the lessor to secure the payment of rent for such premises as has been contracted to be paid, whether or not then due. Such lien shall be subject to all prior liens or other security interests perfected according to law. No such articles of personal property may be removed from the leased premises until such rent is paid except with the written consent of the lessor. All of the provisions of law as to attachment for rent and proceedings thereunder shall be applicable with reference to the lessor's lien under this subsection.

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Answered on 9/12/08, 8:12 am

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