I have a problem tenant that needs to go. He does not have a lease with me. But has paid the increased lot rent since we took over.
I fear that since he never signed anything agreeing to the increase over the old owner rates he will try and get it dismissed in court when I try to evict.
No, you’ll win in court.
The way to handle this, since many judges are reticent to evict even for flagrant rules violations (they do generally evict for non-payment of rent), is to simply ‘non-renew’ the lease. You’ll need to give him/her 30 days notice, but after that, they have to go. The problem tenant no longer has the right to occupy your land.
You might want to ask your State’s MHA and/or contact an experienced attorney. Be sure to notice the tenant properly (which may include a certified letter), but that will give them notice they are no longer leasing from you and have to go live elsewhere.
You can then offer to buy their home and keep it in the park if they own their home. Of course, they may remove it from your park. But that may be worth it to be rid of a problem tenant.
My 2 cents worth,
-jl-
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Jefferson is of course correct. I would only add that you should NOT provide a reason for the eviction. Stick with the statement that you are just non renewing their lease. You should not give a reason why, you don’t have to and doing so could cause you problems.
Both very good answers. I thank you.
So would this apply to a resident that owned their rv or mobile home?
…apply meaning 30 days for tenant owned home?
Yes. You are evicting the home from the lot. They can sell the home or move it.
Well I ask because I had a judge throw out an eviction because I did not give the tenant owned homeowner 60 day notice as
mandated by Texas Manufactured Home laws ( Chapter 94 landlord tenant ). I think maybe the Texas law will trump the 30 day non
renewal I have in my lease.
I don’t want to repeat that again.
Anyone in Texas come up against non-renewal of an rv or mobilehome owner?
We have worked in Texas for years. Clearly, it is important to know the laws of the State such as the 60 day notice for evicting a home. That said, the evictions are in the courts of the Justice of the Peace (JP) and we have found that the JP does not necessarily follow (or even know) the law. Since you are going to come before the same judge for each eviction, it is important to find out what that particular JP wants in terms of notice. You or your manager should meet with him (I have not met a her yet).
Also, be aware that the law is different for evictions for non-payment of rent (on a home that you own) and evictions for non-payment of lot rent for a home that you do not own.
Every state/province has different landlord/tenant regulations that landlords must learn to be able to properly operate their business. Any advice provided on a forum is only general in nature and must be checked against the applicable regulations for their business location.
Landlords should have a copy of their regulations with them at all times.
It’s a good idea to give no reason for an eviction as a general rule. However, if the tenant counters that your true motivation is an illegal one (race, age, sex, family status, handicap, sexual orientation, national origin…), you’ll need to defend yourself and name a valid reason. Technically, the tenant must prove you had an illegal reason, you don’t have to prove you had a legal reason or no reason, but that’s not the way it plays out in a number of smaller courts.
It’s a good practice to have written rules on both park rules and acceptable tenants. Make sure your managers know them well. Then if you or your manager are ever asked about your tenant screening or management processes, you have something concrete to use as a reply.