I own a MHP that has a few individuals that own trailers within my park that have not signed leases with me over the past 3 months. Can anyone recommend any solutions to facilitate signing the leases without causing the trailers to be moved out of the park?
Are you looking for a month to month lease or yearly?
I have had this happen to me in the past.
There are a few solutions.
- Look through your state laws and see if the State Requires a written lease.
- Send them the lease.
Depending on what state you are in, you may be able to argue that you sent them the new lease and when they paid their next month’s rent they effectively accepted the new terms.
It’s a month to month lease. The previous park owner never bothered with written leases, so its a change for them.
This has also happened to me. I had to evict a tenant who refused to sign a lease for non payment of rent and I had no problem doing it. I told my eviction attorney they refused to sign the lease when I took over as park owner and he never asked for it again - the judge ruled in my favor. Make sure you have your rules posted and are sending your notices timely.
Whatever you do make sure it’s all in writing and everyone has their copy of it, have them sign to obtain a Copy of the New Ordinance.
Agreed to first check state law and sometimes if you just have record of delivering it then it’s valid. But otherwise talk to them and find out why they won’t sign and try and diffuse the situation. Oftentimes there are reasons that you can talk through and keep the good juju going. If none of that works, I have told tenants that if they didn’t want to sign the lease then their rent was going up, and that I would lower it if and when they signed our documents. If you’re already planning on doing a rent raise, you could say it was going up to Y for anyone without a signed lease of X if they do have a lease so that you apply the rules uniformly to everyone. I have found that to be effective.
We had SEVERAL tenants refuse to sign a lease.
We handed out leases to everyone and asked them to sign and return them.
About 50% returned the leases signed.
For the remainder, we filed a copy of their lease in their tenant file. On the signature page of the lease we wrote “Served XX/XX/2002 refused to sign, Paid rent on xx/01/2002”. I had the manager sign for them as refused.
Even here in NY State, one of the worse pro tenant/anti landlord states in the country, the tenants are bound by the rules even if they don’t enter a lease. Therefore I see little importance in having a lease because in NY State the only grounds for evictions are non payment or breaking rules. The important thing IMO is to document they received the lease(with updated rules) offer yearly. Sending them certified and posting them at the park seems adequate to me.