I have a tenant who has not paid ever since the pandemic started and owes over $2k. It is a tenant owned home. Now she has a sewage issue and raw sewage is coming out of her trailer, and it seems like i need to fix it. All of these costs add up and it seems like I have no options to bill that to her.
Because of the moratorium which is still in place in her state, I cannot evict her. Any suggestions?
The federal CDC eviction moratorium only applies to non payment of rent. It doesn’t provide any protections for a tenant failing to maintain their home and creating a public health hazard.
I asked the attorney and he said the state moratorium does protect them against non conforming.
Is the sewer issue because of your line?
If its her mobile, you might consider calling the proper government agency (health dept, maybe code enforcement).
She is making your life difficult, you might as well reciprocate.
I believe it is her trailer, not my line. The local authorities actually contacted me and it seems like it falls on the park owner to address this issue? Still I’m in a stuck position.
Go to her home and open the sewer clean out on your side of the line.
If your main line is clear then it’s her problem and she need to call a plumber.
is the park in California ?
If its the MH line plugged and you dont own it, its her issue not yours. Sounds like an emergency water shutoff is necessary till she repairs it.
I would try to direct her to the local County low income assistance agency in your area. There are so many dollars available from the federal stimulus act. The agencies cannot give money away fast enough. I had somewhat similar issue in Ohio. The local agencies stepped in and corrected the homeowner physical problem with the home, paid their three month back rent, paid their rent three months in advance, promised to come back and winterize their home and promised to service their HVAC. There is no excuse for anyone to be behind in their rent. The trick is the fine the agency with the federal dollars to hand out. The rules relating to job loss or low income have been very blurred because of the amount of money available. If you can fog a mirror, you’ll get the money.
A park owner is not responsible for blockages from the connection to the home.
The CDC eviction moratorium has been overturned by three different courts. In writing remind the tenant that was the courts in your state allow evictions to be processed she is still responsible for the back lot rent. None of government “edicts” have provisions for back lot rent forgiveness. If she sells the new owner has to bring the lot rent current. Hang tough. It could be worse. It could be a POH.
I have recently discovered this forum so here is my 2 cents worth to add about POH’s. I have 17 POH. And one stick built house on the property here in the Texas Hill Country. I scratched this park out of the dirt in my twenties not knowing at all what I was doing. That was 30 years ago. If having POH homes were not profitable then someone forgot to tell me. Because it has been extremely good to me. It has afforded me the time and money to do things that my peers only dream of. I have traveled the world doing disaster relief work for the last 20 years all while managing the park myself. I have long term tenants, some here for 15 plus years. A smaller park with well run POH homes can net more than a larger portfolio of TOH. My rents are $1000 plus and we have a “You Break it, You Fix it” policy. My idea when I started this was not to build a massive portfolio, but a business that would provide financial freedom to allow me to do disaster work. Tent Making, biblically speaking. And it has done that and so much more. My hope had been to pass it along to my son, but he works Tech in Austin and has no interest in it so I have listed it on the MHP Store. So for me, POH have been THE best investment I have ever made. And I have set many ships out to sea for most only to come back empty if they came back at all. Well maybe aside from buying Ethereum at $145! My hearts desire is to see this place pass into the hands of a young couple and have their lives changed just as mine has. Any issues such as this sewer problem, or tenants not paying are all in my control and handled promptly because they are POH. I have not had one missed rent payment throughout this whole pandemic or anyone crying because of it. I treat my tenants with decency and understanding but they know that the rent must be paid. There are many advantages to having POH and control over my tenants is just one. My park has been debt free over 20 years and nets in the high 6 figures. I would rather have POH over TOH any day. It has been fabulous for me.
The federal non-eviction rules require tenants to apply for and be denied for gov’t benefits before they get eviction protection. It’s possible your state’s eviction protection rules do too. ???