Our Space Agreement requires that the tenant owns the mobile home and is named on the title (unless they are purchasing the title from the park). We do not allow subletting.
If a tenant, who is in good standing except this issue, buys a trailer and never changes the title would you evict them as they are in violation of the Space Agreement’s terms? We don’t want to lose good tenants, but how do you get them to actually get the title into their names?
We put a rule In our park rules a security deposit or title deposit is required. This is returned after sending title in proper name to the manager. They have 90 days. Never had to use it.
On the flip side of that…What if a tenant purchases the mobile home from the park?
Aren’t they supposed to provide the title to that trailer? And if it is “lost”, is it their responsibility to acquire a duplicate?
When a tenant purchases a home from me/the park, they must put the title in their name before I provide them with a lease and allow them to move into the home. Once they show me the new title, I provide the lease. If they lose it, their move in date is delayed. I have to get a duplicate title printed because the title is still in the park’s name (the court won’t provide a title to anyone other than the home owner, which is me), then notarize it, then given to the tenant to change ownership.
Sometimes the buyer/tenant won’t be able to figure out how to get this done at the courthouse - you may need to have your manager assist.
Thanks for your response.
Different scenarios i believe.
The park does not have a title to give…
It was sold with a bill of sale only.
Sorry, my response didn’t completely address your question. You should contact an attorney for an answer. I believe that if there is no title and the home is sold by the park with a bill of sale, theoretically, the person who’s name is on the title is the rightful owner and can claim it. An attorney can tell you the process to get a title in the park’s name. I recently evicted a tenant who walked away from their home. The first step to get the home was to get the eviction, then have the home appraised - if the home appraised for over a certain amount (I don’t recall what that is) I would have to have an auction for it. Since it was a piece of crap and was only valued at $500, I was able to bypass the auction. Next was to convince the judge to give me a motion for abandonment and issue a new title, then present the judge’s opinion to the auditor, then sign an affidavit have the auditor agree that the home had basically no value, then have the auditor execute the confirmation of value, then go to municipal court for approval and issue a new title… all the while paying the attorney by the hour to do this.