5 Abandoned Mobile Homes

5. ABANDONED MOBILE HOMES

5.1 PREREQUISITES TO RELIEF UNDER THE ACT

5.11 The mobile home must be "abandoned."

A. An abandoned mobile home is defined as a mobile home left vacant by all tenants for at least 90 days without notice to the landowner and when there is evidence of one or more of the following:

(1) A tenant's failure to pay rent or fees for 90 days;

(2) Removal of most or all personal belongings from such mobile home;

(3) Cancellation of insurance for such mobile home;

(4) Termination of utility services to such mobile home; or

(5) A risk to public health, safety, welfare, or the environment due to such mobile home. OCGA § 44-7-112 (1).

5.12 The landowner must request the local government to assess the condition of the abandoned mobile home.

CAUTION: OCGA § 44-7-119 states: "Nothing in this article shall be construed to require a local governing authority to appoint a local government agent." Therefore, the procedures set forth in the Act will only be able to be used if the mobile home is in a county or city that has appointed a local government agent.

5.13 The mobile home can be determined by the local government agent to be intact or derelict.

A. "Intact" means an abandoned mobile home which is in livable condition under applicable state law and the building and health codes of a local governing authority. OCGA § 44-14-112 (4).

B. "Derelict" means an abandoned mobile home which is in need of extensive repair and is uninhabitable and unsafe due to the presence of one or more of the following conditions:

(1) Inadequate provisions for ventilation, light, air, or sanitation; or

(2) Damage caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe. OCGA § 44-14-112 (3).

5.14 This determination (and any supporting documentation) should be provided within 20 days of the landowner's request for inspection. OCGA § 44-14-113 (a).

A. If the abandoned mobile home is found to be derelict, the landowner can begin the process for removing the mobile home (see 5.2 below). OCGA § 44-14-113 (c).

B. If the abandoned mobile home is found to be intact, the landowner may record and foreclose on a lien for unpaid rent and accrued fees (see 5.3 below). OCGA § 44-14-113 (b).

5.2 PROCEDURE TO DISPOSE OF DERELICT ABANDONED MOBILE HOME

5.21 The local government will post a statutorily prescribed notice on the abandoned mobile home in a conspicuous place. OCGA § 44-7-113 (c).

"You are hereby notified that this mobile home (describe make, model, and color, if known) located at (address or description of location) has been deemed abandoned and derelict. You are entitled to a hearing...

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