When we take over a MHP, (lot rent only) can we immediately create and enforce the signing of a new tenant agreement, or do we have to honor the existing 12 month agreement the tenants had with the previous owner before we can introduce ours?
If a current tenant sells their home to someone else which I cannot prevent, am I required to accept the new home owner as a lot renting tenant? Let’s say Person A sells to person B, but person B doesn’t meet our background checks etc…can I prevent them from moving into the home they now own?
- If a owner issues new term leases every year they you must respect it till it terminates. You then issue your own community rules and a new auto renew M2M lease. I have my community rules as the lease agreement.
- If your state regulations allow for the community owners right of first refusal you may purchase the home yourself.
When a tenant is listing their home for sale it is mandatory that any offers must be made conditional on community owner approval other wise the seller may not sell to that buyer. You reject applicants before they buy not after.
- Study and memorise all your state landlord tenant regulations before you do anything else. You are required to know them as a business owner.
You need to review the terms of the contract of the person who sold the home and the mobile home park. Usually, the contract state that anyone moving into the park must be approved by the park owner/operator. You may be able to require the new owner to move his home or resell it at his option. He can then sue the seller for damages because he was not informed of the contract.
All that is easy to say…it is another thing to implement. And of course, you need to seek counsel from a lawyer in your state that is knowledgeable in this area.