We are trying to get the Park-Owned-Homes inspected; all are on Rent-To-Own agreements with clauses that state that the Landlord has the right to inspect with 72 hours written notice. We sent out the first four (4) notices and, in each case, the residents all had reasons (drama?) to delay or cancel the inspection. How do other parks deal with residents that delay or refuse to have their homes inspected? I suppose we could send them a letter saying that they must comply or their lease will not be renewed. Any other less forceful methods? I thought of trying to reason with them yet we have about 50 homes that need inspection and we are trying to streamline the process. Our goal is to inspect each home each quarter unless the home passes with flying colors, then we would decrease the inspection schedule for that home. Please advise. Thanks,
Is there something in the lease that talks about some standard that needs to be met? While we have agreements in our rental units (not mobile homes- stick and mortar rentals), we only use it for life / safety issues. We have pretty general rules of upkeep, but for the most part concerning the inside of the homes- you return it as you found it. I ask because- if there is not something that provides you with some action if a standard is not met, your visiting the homes for no reason. In my many years as a landlord, I would have to say most judges would view entering without some really solid reason an invasion of the tenants rights. I guess- you can write into your lease you require entry every quarter.
So- I do like to get into my properties to see what is up- so I do offer free bug spraying 3-4 times a year if a tenant wants me to come in and do it. I use Ortho Home Pest Control, just like I do at home… I ask they move the undies etc from the walls, and if they want- I show up to spray.
We do not offer this in our mobile home parks- as we lease option the homes, and I treat them as sales. Triple Net and the tenant provides all care for the home.
So do post about your lease… please…
Jim, our rent-to-own leases are also NNN (“triple net”) with the residents responsible for all maintenance and repair. All leases state the Landlord can enter the homes for inspection. We also have published rules that include the Landlord has the right to enter all homes in which the park holds the title with 72 hour notices.
The issue has been that people move in and then do not keep the homes maintained, such as fixing a leaky toilet or window, and then - at times (more frequent than we would like) - move out with the home trashed. Often the residents view the homes as rentals as opposed as buying on a rent to own basis. And many are on fixed incomes and have a hard time making rent let alone spending money for fixing and maintaining.
Inspections are important to help the park and the residents. They benefit both: for example, if the skirting is open, then the wind and cats (and other critters) enter under the home. This can cause - as you know - damage and high utilities.
Our inspections are for curb appeal as well as to make sure the homes are maintained. The outside items reviewed are things like checking the heat tape and siding and skirting, as well as making sure the decks and sheds are suitably painted. The inspections inside will focus on leaks and other issues that would degrade the home’s structural integrity.
Our problem is “how to get the residents to view the inspections as beneficial to them; or at least cooperate with us.”
Once a home is inspected, we will follow up with a written report that will list the violations and dates in which the items need to be fixed. We will then do a follow up inspection and if an item is not repaired, then the park will step in and do the work and bill the resident.
I follow the logic- but your now treating the homes like they are not triple net. At least- not with the frequency you are visiting them. On our rentals we might do a walk through once a year. Please note though- we are responsible on our rentals for ‘fixture’ upkeep- like fixing leaks.
If you are selling a home, and holding the homeowner to a standard it would need to be in writing and have enforcement provisions. Let me say I am not a attorney, but I have been in the real estate rental game long enough to know- if it is not in writing, it is not real and not enforceable. At least, not in court.
Let me give you an example- if you own a home and have a loan on it- it has the same entry provisions and exterior provisions you’re speaking of. If your lender was knocking on your door to inspect the home every quarter… maybe most people would be ok with that- I would find it a invasion of my privacy. I would refi and change to a lender that did not have that strict of a provision. In this case- the tenants (in my opinion) will leave…
We take care of exterior issues during monthly manager walkthroughs. If the skirting is not buttoned up, they get a violation notice along with a fee schedule. If they have not fixed the issue by the date noted- we can come in, do the repair and add the fee to the bill. Now if that fee is contested in court- you might or might not have it awarded. We have tried to evict for things like- building a shed on the back side of the house, attaching it and living in the shed as a room. The judge did NOT award the eviction even though they were in violation of our rules, city code and state code. They finally removed the shed when we revoked the lease on the home- did not use a “do something or quit”, and just told them we no longer were going to lease the space to them.
I am curious is anyone else is entering NNN lease homes, or even rental home at the rate of once a quarter.
How did you word it in your lease option and how did you add into the L/O agreement the inspection and enforcement provisions?