Residents, who own the mobile home they live in, got behind on their account payments and so we took steps to evict. They got themselves a lawyer who put everything under the microscope and then showed up and complicated the hearing with claims such as: 1) The park can not charge for garbage, 2) The tenants did not sign off on the recent lot rent increase, and 3) the 3 day notice included charges for late fees so is invalid. The judge, who is fair and reasonable, normally makes his decisions on the spot; yet this time he ended the hearing by saying he had to do “some research” on the landlord-tenant “case” law, and would then issue his decision. At the end of the hearing, I overheard one of the tenants saying that if they get evicted that they will totally destroy the home before letting the park get it. Any advice on how to prevent or at least minimize the tenant from causing damage to the mobile home should they get evicted? Can a park charge for garbage collection? Can late fees be included in the 3-day notice?
I am going through a similar situation. 1.) of course the park can charge for garbage. 2.) He is correct tenants have to sign off on any increase.
3.) It says you can ask for late fees in the JP paperwork and can adjust it by court time if it has gone up. As far as 3-day notice I am not sure. I always leave that blank.
Mine also said he will burn down the trailer…does not matter he is mad and he will go to prison if so. Judge does not care to hear that crap… only the facts. Is this a Legal Aide Lawyer by chance?
If they have an attorney in court, why do you not have an attorney in court. It isn’t just one case. If they win, you have a bad precedent to deal with in court and back at the trailer park after they tell everyone.
Preventing damage? They need to know you will chase them for damages, criminal damage to property, and will garnish their wages as long as the law allows. They need to be warned and convinced of your resolve. We once brought a borrower back from Colorado in irons on a felony theft warrant for stealing the washer and dryer. We also made sure that every resident in the park knew it.
Chase down folks with little or no money? I would just offer to buy the home from them. They they have to choose which they’d enjoy more: destroying the home or getting paid for it. And the price you’d have to pay for it would likely be a lot less than the cost of bringing in and setting up another one.
I would not concern myself with the smoke screen the lawyer has created. The judge will make their ruling and you will simply deal with the fall out.
Personally I would rather spend my money chasing down criminals than buying them off and in your case the best route to take would be to simply wait and see what they do if evicted. After the fact if you get it for free you can flip to a renovator or fix and resell yourself.
If they were willing to sell it to you, which is highly unlikely, you would need to get it insured for new replacement value if possible… They will likely be back to burn it down in which case you could benefit financially and bring in a new home. Win/win
I would offer to pay the tenant to leave, with the home in good condition and cleaned up. I’ve never had it not work. An incentive of $200-$500 could save you $1,000++ in repair costs. These situations can be really frustrating, but personally I try and make whatever decision is best for my business.
If they don’t take it, and the judge rules against you, I would hire a lawyer.
If there is bad blood between you and the tenant, as it sounds, you might consider getting someone to pull off a straw purchase of the home for you.
If you think a late fee on the 3 day notice is a problem, give them another one pronto in case the judge rules against you, you will already be working on the next filing against them.