Temporary Occupant Evictions

Phil Querin Q&A: Temporary Occupant Overstays Her Welcome


Question. I have a question about the MHCO Temporary Occupant Agreement (MHCO Form 25).  I have a friend who is a tenant in a park. He allowed a woman to move into his home with him. The landlord, the woman and he then signed a MHCO Temporary Occupant Agreement.  I do not know what the duration was, i.e. month-to-month or for a fixed term.


After a while the tenant realized this was a big mistake and asked her to leave; she refused.  As I understand it, the landlord has also asked her to vacate, and she again refused.  The park owner does not really want to push the issue in court.  She has told the tenant that he will have to have her legally evicted if he wants her out.


Recently, after she left town for several days, the tenant changed the door locks.  Upon returning and being unable to gain access, she called the County Sheriff's Office. The responding deputy told the tenant/home owner that he could not require her to leave the premises. He even said that if she forced entry, she could not be arrested for the trespass. He said she had established residency at the home, and had full legal right to remain there until a court eviction occurred.  She has been in the home beginning approximately December 2016.  The woman has never paid any rent.  


I would think she was committing a criminal trespass where either the landlord or the tenant revoked consent to her being at the space.  What can he do? I am interested in case I have this situation in my community.