We have a “troublesome” couple living in a mobile home in our community. That couple own their mobile home, and always pay their lot rent on time, yet they have a history of criminal behavior including violence, theft, and drug use. Even their children are problems; their teenager was arrested several months ago for vandalizing park property. For many months/years, there have been many complaints about these residents from numerous other residents; their previous neighbors (who were great, long term residents) sold their mobile home and moved out of the park because of the troublesome couple. Recently, the police were called out to the home and arrested the wife for attacking the husband; this is not the first time for this behavior. Can such “domestic violence” be used to evict someone based on Clear and Present Danger? Can we evict them both or just the wife? If we evict them, the husband (and probably wife too) will most likely be very, very upset and will probably destroy the mobile home before leaving. How to prevent the damage from occurring? Also, how do we get title to the mobile home once they are moved out by the court/sheriff? What would be the proper steps? Thanks for any help you can provide.
How long is their lease? Month to month? Just non-renew the lease. You can’t have one person paying one lot rent disrupting the quiet enjoyment of life for the other 100 or so – that’s crazy. If you think they are going to be a problem (which it sounds like they are) let an attorney handle it. But don’t tell them why you are non-renewing, just do it. You are not required by law – in most states – to give a reason.
The lease is a 60 day lease. Once we provide them the non-renewal notice, is there anyway to prevent them from damaging the home? Also, how do we get title to the home once they are vacated?
John, I agree with Frank to do a Non-Renew of their 60 Day Lease.Also, I agree with Frank not to give them a reason.Any Criminal behavior should not be tolerated.However, especially Criminal Domestic Violence should not be tolerated no matter what.Unfortunately, too many cases of Criminal Domestic Violence end in the loss of a life and in many instances it is not the Husband and Wife.Approximately four months ago in a local MHP there was a case of Criminal Domestic Violence and the Husband shot and killed a concerned neighbor.Thus, an innocent neighbor lost his life and forever changed his family’s lives just because of Criminal Domestic Violence by a neighbor.We regularly check police reports in our MHP. We found out that just last week there was a police report of Criminal Domestic Violence from one of our Tenants involving the arrest of the Husband. They are currently being evicted as Criminal Domestic Violence will not be tolerated.We wish you the very best!
Thanks to Frank and Kristin for your comments. Okay, so we send them a notice saying that their lease is not being renewed. Then, they don’t pay any rent and do not leave. Then we get the court involved and eventually they are forced from the property. They will most certainly not pay to have the mobile home moved and will almost for sure wreak the place upon leaving. Then – how do we get title to the place? Anyone have the answer? Suggestions?
You cannot stop them from wrecking the place. They probably will. However, it’s probably already wrecked, so big deal. You will need an attorney to show you the methodology to obtain the home through abandonment. You have to post proper notices, etc. If you try to do it yourself, you’re going to screw up, so get a licensed attorney. If you think you have done it properly, and sell it, and then it turns out you didn’t file the right documentation on the right day, you will be in terrible trouble with a potential charge of theft with the right personal injury attorney. Don’t be penny wise and pound foolish. Once you take the home through abandonment, then you can get a new title (but it may take you a lifetime, based on the state you’re in). Talk to your state MHA to get even more data on the laws in your area.
Let me also add that you cannot take the property through abandonment if there is a lien on it. If there is a lien on it, you have to file a possesory lien notice, and then the lender has 10 days to move it out, or start paying your rent. You might also be able to buy it cheap from the lienholder. To see if there is a lien, you will need to do a title search.
When you lose good people because of unruly neighbors you are letting the tenants make the guidelines or at least your actions are LATE in coming since it has been going on over a year. Normally GOOD people quietly move out and try to make no waves by saying nothing to management and other GOOD people might decide to leave. As owners are you in charge??? if not why not??? In one family park the residents knew ONE police call and an eviction was probably coming–that SENDS a MESSAGE that other residents will understand and sometimes you lose one to regain excellent residents and NO late night calls.
I just wanted to throw in that after you non renew their lease, you
could try offering them cash to ‘buy’ their home in ‘good’ condition.
The place is probably already trashed, but if you can bribe them to
leave peacefully an extra $300-$500 or so could save you:-Thousands of dollars in additional damage to the house (stolen furnace, extra holes knocked in walls, plumbing lines vandalized, etc etc)-Thousands of dollars in lost rent and legal/court fees in taking title to the abandoned home.At
first they will resist, but once they realize that they have no option
and are getting evicted anyway, there’s a chance they will make
the smart choice and cash in on their way out.I did a similar
deal with a really bad apple I inherited when I bought my park. I made
the cash payment conditional on receiving the keys, the signed title,
and doing a video walkthrough of the home to insure no intentional
damage had been done. As painful as it is to pay off the deadbeats, I’m sure it was a very good financial decision for the parks bottom line.
I have no idea why the formatting is off on my previous post, sorry for the difficult read. I tried editing it but can’t seem to figure out what the problem is.
I thought it was to be read as a poem.
I did, too. I thought it was a passage from Ulysses.
Noel – Good suggestion to pay off the residents. Thanks !!