Question: bought small MHP in beginning of year. All tenants except 1 willing to sign lease. He is non compliant on multiple factors. His home is in general extreme disrepair. Anyone have a clause in lease that states park owner reserves the right to deny allowing home in park after sell, or clause regarding requiring removal of home from park due to disrepair?
Check with your local and state laws, in some states a Right of First Refusal clause is Illegal. While in other states it’s fine. Same with the home needing repairs clause.
I have one contact with a park in ME, he has a clause in his lease that says “Any home over 20 years old must be removed from the park”. I am not sure if that one is legal or not, but I would sure like those pull-outs.
Serve him with the lease you want him to sign. Fill out a Proof of Service form.
As soon as he pays his/her next month’s rent the lease is considered accepted.
After he/she pays, write on the lease in the signature block the date paid with a copy of the check.
Is the concern a: “Health and Safety or Fire Hazzard”(?), if so you can make the calls:
. Formal Letter of Notice.
. Eviction for non-compliance with HOA Standards.
. Fire Marshal/Inspection will give Warning, then Red Tag his Unit.
. City Building Inspector will send a Warning Letter.
. Sheriff will make a visit.
My community rules include a clause that states they must maintain their homes to community standards. I dictate the standards and give notice to tenants when exterior maintiance is required. If they do not comply they eventually recieve a eviction notice. The notice is usually enough to get them motivated.
As indicated once he recieves a lease agreement whether he signs or not he is on lease.