I have one tenant that wont corporate.Wont repair trailer, deck,pick up trash that his dog he wont keep in tears up along with frustrated neigbors trash.Wont answer door to confront him.Basically a problem.I dont want to renew his lease.The state of Texas states a non renew of lease requires a 60 day notice.This is my first non renew and not sure how to go about it.Any advice would be apprecated or direct me in the right direction.
Contact the Texas MHA (http://www.texasmha.com) and ask them how to non-renew a lease. They should be able to tell you straight up what to do and what not to do. And/or they should be able to refer you to an experienced attorney in your city/county. If I were you, I’d use an attorney on a case like this just to learn the ropes. You’ve never non-renewed a lease, so you should become familiar with the procedures and be sure you do it right. After paying an attorney’s ‘outrageous’ fees this one time, you should be able to handle all such problems by yourself going forward.Good luck, and let us know how it turns out,-jl-
I have been trying to talk with someone from the MHA but its hard to get intouch with them.I hate to deal with attorneys there way over priced in my opinion.although I believe your right this might be a good time to bite the bullet and use one.thank for you input Jefferson.
Kelley,The legal requirement is that you need to give the tenant a notice that he has to move his home no later than 60 days after receipt of the notice. The real issue is that this is enforced by the local Justice of the Peace (JP) and they do not always follow the law (or even know the law). Therefore, I would start by meeting with the local JP, explaining the situation and asking how he (I am not aware of any she’s) wants you to proceed (in terms of notice, etc.). The suit for eviction cannot be filed until the tenant fails to move the home.Once suit is filed with the JP’s court, the tenant usually will move the home (especially if you offer a little money, and that is worthwhile to save aggravation). You will get judgment in that court. The tenant can then appeal to the District Court within a short time frame, but will have to post a bond. This is the time to spend money on an attorney.Often, when the tenant receives notice from you, he will stop paying the lot rent. That is a plus, since you can file with the JP court for failure to pay rent a month sooner. You do not have to accept any offer to pay rent prior to the court hearing and since you have already explained to the JP that you want the tenant out of the park, he won’t try to negotiate for payment at that time.But as I stated, the JP has complete control unless appealed. He can be of help or hamper you as he desires. I would start with the JP and not an attorney.Good luck!Howard
Howard, Thanks for the information! I will not only talk to the MHA.I will now visit my JP. As I said before I dont want to deal with an attorney until absolutely necessary.