My Husband and I just purchased a Park with some issues.We have learned that one of the Tenants is doing illegal activity. Also, one of the guests of that Tenant pistol whipped another Resident because they called them a name.In our world we do not condone calling others names. However, we would never dream of hurting (let alone pistol whipping) another person if they did.Anyway, this Tenant is buying the mobile home from a Lonnie Dealer who lives outside the Park.We do not necessarily want to force the Lonnie Dealer to move his home.However, we need this Tenant out.How do you handle these situations?Thanks So Very Much!
As the owner of the park you have final authority to screen all potential resident applicants.
Inform the Lonnie dealer that you must first screen his potential tenants before they will be permitted to live in the park. If you do not accept them as a tenant the Lonnie dealer can not go ahead with the deal.
Your property, your rules. You need to get yourself up to speed immediatly on what your rights are as the property owner.
Call the police, get a police report on the guy. But why didn’t the victim call the police? You better be really sure you know the situation. It it entirely possible that you are not hearing the entire story. You may be evicting the wrong person. Do you really know who is a fault for what happened? Is it just one person at fault?But you have the right and the obligation to keep your park safe and free of people committing violent felonies on other park residents.Welcome to the insanity,-jl-
Greg and Jefferson, thank you so very much for sharing your knowledge!We greatly appreciate it!Jefferson, you are correct that it is possible that we are not hearing the entire story. There are always two sides to a story and then the truth somewhere in between.There is a police report to document the beating and robbery.The beating story has been corroborated by several people.However, there is probably more to the story. Thank you again for all your help!
Any tenant that demonstrates behavior damaging to the overall park community has to go. Tell the Lonnie dealer that he has to remove the tenant immediately (probably through a non-renewal of lease). You’ve got a whole park to worry about, not one tenant, so you and the Lonnie dealer are NOT on the same page (as they only care about keeping that one home occupied). Call the Lonnie dealer immediately and tell him the tenant’s behavior is not acceptable and that they have to go, or else you’ll non-renew the Lonnie’s lease.Any time that you do not 100% know how the law works, call in a lawyer (or at least your state MHA for suggestions). Don’t be bullied due to not knowing your rights.
Frank, thanks so very much!
If the home is a true lonnie deal- it is not as simple as calling the lonnie dealer and having them remove the ‘buyer’. Lets remember a lonnie deal is a sale, with a security agreement. You might non renew the lease, but the person that is buying the house is buying the house. Getting the person out, from the lonnie dealers point of view depends on what default looks like in the agreement, and weather a judge is going to side with the lonnie dealer. This is replevin, not eviction. You might want to take a real good look at case law, and the documents prior to pulling that trigger. Let me put it this way… if Greentree were the lender- would you call Greentree? No. As the park owner you would evict the home, but that does not remove the owner. They could, and just might move the home if you bring legal action. Anyway- you need to really understand the paperwork, and the process that exists in your state to run down this path.
Jim, thanks so very much!We greatly appreciate your help!
*** UPDATE ***:- Issue: Tenant’s Guest (Tenant Was Purchasing Home From Lonnie Dealer #1) Pistol Whipped Another One Of Our MHP Tenants (Which Is/Was Not Acceptable)- Mobile Home - Location: Mobile Home Is The First Visible Home On The Left When Entering The Mobile Home Park. Thus, 3 Sides Of The Mobile Home Are Easily Viewable.- Mobile Home - Condition: Mobile Home Exterior Was/Is In Poor Condition.- Lonnie Dealer #1: We Mailed 30 Day Written Notice To Have Tenant Move Or Mobile Home Would Be Evicted From Mobile Home Park- Tenant - ‘Suspected Drug Dealer’: We Mailed 30 Day Written Notice To Vacate Mobile Home & Vacate Mobile Home Park Or Would Be Evicted- Tenant - ‘Suspected Drug Dealer’: Moved From Mobile Home On The Last Day Of 30 Day Written Notice (Thus, We Did Not Have To Evict Him)- Lonnie Dealer #1: We Mailed Letter Stating Everything That Needed To Be ‘Fixed’ On The Outside Of The Mobile Home. After Approximately 1 Month Lonnie Dealer #1 Sold/Is Selling The Mobile Home To Lonnie Dealer #2- Lonnie Dealer #2: We Mailed Letter Stating Everything That Needed To Be ‘Fixed’ On The Outside Of The Mobile Home. - Neighbor - Whose Mobile Home Was Condemned By The Building Inspector: Neighbor Allowed The Building Inspector Inside Lonnie Dealer #2’s Mobile Home. - Building Inspector: Condemned Lonnie Dealer #2’s Mobile Home- Lonnie Dealer #2’s Mobile Home: The Mobile Home Is So Old That It Would Require Drawings From An Engineer To Bring It Up To Building Code- Lonnie Dealer #1 & #2: We Mailed 30 Day Written Notice To Move Mobile Home From Mobile Home Park- 30 Written Notice: Is Up On August 31, 2014- Lonnie Dealers #1 & #2: In The Process Of Securing A Permit To Scrap The Mobile Home- Lonnie Dealers #1 & #2: Are Still Paying For Mobile Home Lot Payment- What Will Probably Happen: Lonnie Dealers #1 & #2 Will Probably Stop Paying & Leave Mobile Home Halfway Torn Apart & Then We Will Have To Pay To Dispose Of The Mobile HomePlease stay tuned for more details :-).We wish you the very best!