My name is Michael Ablan and I’m a real estate investor in Northern NY. We recently purchased a 20 lot park with a ton of inherited tenants. The old owner ran it pretty poorly, and then passed away, so we ended up picking it up for a good price, but with lots of headaches. I can’t seem to find any local attorneys who know the nuances of landlord/tenant laws in our areas (pertaining to the parks). I was hoping maybe some experienced vets around here could help guide me a bit.
One change we made is how the water/sewer is handled. The old owner used to pay it all. We changed that immediately. However, there’s a handful of residents who are refusing to pay, no matter what we ask. We’ve sent the appropriate notices giving them more than enough heads up. Now it seems we will need to evict them. One owns their own trailer, the other just rents it. Is it true I have to give then one who rents 30 days, and the one who owns it 60 days?
Another issue is lawn care. The old owner used to mow it all. We took over and gave the responsibility to the residents. There’s a handful of them who are refusing to mow. What are our options? Currently, I’m going to post a notice on their door giving them 24 hours to mow, otherwise we will do it and charge them $50. If they continue to refuse, am I able to start eviction proceedings based on repeated violation of park rules?
These are just a couple of the issues. They all primarily come down to residents not respecting the new park rules, and me not having a knowledgeable attorney to turn to for how to properly proceed in eviction/enforcement action.
I would love any advice and/or recommendations of a good attorney in upstate NY.
Finding out the eviction laws shouldn’t be difficult. Once you do that, follow through with your threat to evict the tenants and evict them. Once you do that will spread throughout the community quickly and the residents will understand that you can’t be pushed around and will start to comply.
If you didn’t give your tenants much time to buy a lawn mower before you required them to mow their lawns, you might want to cut them a break - if you did, then go ahead and add the mowing fee to their bill.
You do not need the services of a lawyer to learn the state landlord tenant regulations. The fact is you are responsible as a landlord for learning all state codes. You should not be operating your business without first learning all state landlord tennat regulations. If you do a search on line you should be able to easily find your state codes. It will either have information regarding changing and implementing new community rules, which you will then adhere to, or there will be no reference and you may do as you choose. In addition there will be clear wording pertaining t o the eviction regulations.
Your state regulations will have a specific section regarding MHCs or will simply have regulations that will encompass all forms of rental properties.
Before you have any interactions with any tenants it is your responsibility to learn all landlord tenant regulations. . They are the bible of your business practices, learn them.
Bottom line is that when tenants defy community rules you must evict them if not it voids the rules and they should be removed from your community regulations. Never have any rule you do not intend to enforce .
In South Carolina in our MHP when a Tenant does not respect the Park Rules (after receiving written documentation asking for specific items to be resolved) the Tenant is Evicted. Our Tenants are all on Month-To-Month Leases (both Lot Renters & Mobile Home Renters). With a Month-To-Month Lease either Tenant or Landlord can end Lease with a 30 Day Written Notice with NO reason given.
As for a New York Attorney specializing in Mobile Home Parks try calling other Mobile Home Parks located near your Park and see if the Park Owners/Managers can suggest an Attorney.
In South Carolina the Evictions are processed through the Magistrate Court. Thus, we can search the South Carolina Magistrate Court Database (for a specific County) online to see Evictions. IF the Eviction is being handled by an Attorney, the Attorney’s Name should appear on the Eviction. IF New York has an Online Database for Evictions, hopefully you can search some Large Mobile Home Park Names for Evictions & Attorney’s Names.
One of our Mobile Home Parks was a “Turn-Around MHP”. After 5.5 Years we are still “Turning it around”, but we are down to 3 Vacant Lots & a waiting list of People requesting Vacant Lots.
Turning around a MHP does take time and money, but you can do it .
I think it shouldn’t be too hard to find an attorney. I would call other mobile home park owners in the area tell them you are looking for an attorney ask them who they use and if they recommend them. (I see the person who posted above me already recommended this)
Alternatively you can find the nearest reasonably sized city in your county read reviews of real estate attorneys and pick one. I think it’s good to get a local attorney because they will know local procedures, health inspectors, judges and sheriffs.
You might call the New York State Bar Association. They will have a list of attorneys who do evictions and be able to help you locate one in your area. Try and find one who advertises “evictions” and not just “Real Estate Law” because their prices are typically better.
In one of our acquisitions, we had a few bad applies - as in the type that you would see in court every month and knows each officer by name. They would deal drugs, vandalize homes, and bully elderly tenants. We evicted all of them then mailed a letter specifying the names of the people who were evicted. We proceeded to say that anybody caught dealing drugs, vandalizing, or bullying neighbors would be evicted too. After that, the drama of the park was reduced, tenants praised us, and the place runs much more smoothly.
You could try calling other parks in the county and asking if they’re willing to provide the information on the attorney they use for evictions. Some may blow you off, but some may be helpful. I personally view other park operators in my area as colleagues and allies not competition - if all of the other parks are well run and full it indirectly helps my park. I’ve regularly traded such information with other park operators near my park.
Your new leases shield describe the “new deal” (whatever complies with NY LAW). We have run into this multiple times with new parks. They are playing you. Be hard but fair. But give no quarter as they will take that and more. They will get in line when evictions start, I promise
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