We have a property under contract. One of the tenants has a 3 car garage on their lot that looks to be structurally unsound. How would you go about getting that taken down and is it something I can force the tenant to take down or do they have a right to keep it up?
If it’s a potential safety concern then it should be easy to enforce.
I’d probably write a letter expressing your concern and offer the numbers to salvage yards that may take the metal.
Second letter would sound more like you will take it down and bill back charges. Sounds like a good thing to make sure is covered in leases.
You might ask the city about it and have them enforce if its not permitted. But by inviting them in to help, you also risk getting more than you were looking for…
I suspect your park rules say that personal property owned by tenants must be kept in good repair. The city may be able to give their opinion of this via code enforcement as Jack mentioned, but if not you might issue them a notice on your own to take care of it within 60 days (either repair it or get rid of it).
Your insurance company may be able to provide support on definitions of “structurally unsound” that would give them concern if this fell on one of your tenants and they sued your MHP entity for not enforcing the rules.
I would start by getting a recommendation from your insurance agent, then a local attorney, and if you absolutely have to the city. If this is your first park or if this the first time you’ve done business in this state, you should probably involve an attorney in any grey area that comes up.
I would get a licensed contractor out to give a professional and documented opinion on the soundness of the structure, with photos identifying any issue.
I would then give the resident notice of the problem with a copy of the contractor’s report, and 30 days to put a plan in place to repair or remove the building.
If they don’t respond, I would then have the contractor repair or remove the building and then have the park bill the cost back to the resident.
I personally wouldn’t involve any additional 3rd parties besides a licensed contractor.
Just my 2 cents, and I obviously haven’t seen the park or the structure in question.
Depending on your lease and rules, its very easy, tell them it has to come down, it appears unsafe. Take pictures. If they refuse then go to local attorney, but usually these things resolves after one or two letters.