We have a Tenant who sold her home to another Person (the MH Title is still in the name of the Tenant).We informed this New Person that she owed for all Past Lot Rent and she said that she would pay the Past & Present Lot Rent (no problem). We also hand delivered a Rental Application that she needed to fill out. She never returned the Rental Application.She also never paid anything to us, so we started the Eviction Process. The Magistrate said that we could not Evict the Tenant (whose name is on the MH Title)…that we could only Evict the New Person.Now this afternoon we receive a notice of a Hearing from the Magistrate on the Eviction of the New Person. The New Person checked the following and wrote what is in quotes:- I deny that I am responsible at all because: "I never sign or agree to pay any fees to this man and spaeker fork is broken."My thoughts are that we should do one or all of the following:- File a No Trespassing Order on the New Person with the Magistrate’s Office- Give the Tenant (Name on MH Title) 30 Days to Move their MH (then maybe the Tenant or New Person will come up with the money)My Husband wants to wait until the Magistrate’s Hearing.What would you do?Thanks So Very Much!
Kristin,Because each state’s laws are different, I think you need to discuss this matter with your attorney.Once settled, would you please follow up with the forum to describe how you resolved this issue.Good luck!
Thank you for your comment, PMarone!Another Local Mobile Home Owner suggested that we wait until the Hearing to proceed further as we would not want to usurp the Magistrate’s Authority :-).Thus, we will wait for the Hearing and update the Forum when we have a resolution.Thanks So Very Much!
I am in a similar spot. Existing tenants may have sold their home so they want to pay me off. Have not received any applications for new tenant. So who is responsible for paying after that?
I mean… I know current owners/person on the title is responsible but I guess I am saying who is really going to pay?
If this happens to me I always file for eviction/possession on the lot. I list the original tenant plus “any occupants” on the small claims eviction paperwork. The original tenant has the responsibility to give me possession of the lot back or they are still liable. That has always held up for me in Indiana. Their lease says they need to give 30 days notice and give my company possession of the lot when they leave. Good Luck
Lori Cooper & Mobile Home Park, thank you so very much for your responses!Mobile Home Park, we like that you file for Eviction/Possession of the Lot and list:'Tenant Plus Any Occupants’One of our Local Mobile Home Park Owners said that he lists on the Eviction:'Tenant Plus et al’Et Al is Latin for ‘and others’.Thanks So Very Much!
*** UPDATE ***:The Hearing was this morning in front of the Magistrate.Re-cap Of Issue:- ‘Old Tenant’ Was Behind In Lot Rent (We Filed Rule To Vacate)- ‘Old Tenant’ Sells Mobile Home To ‘New Tenant’ - ‘Old Tenant’ Moves Out (So We Do Not File Writ Of Ejectment On ‘Old Tenant’)- ‘New Tenant’ Agreed In Person To Pay All Back Rent & All Fees- ‘New Tenant’ Gives Email Address To Send Rental Application & Rental Agreement- ‘New Tenant’ Is Personally Given The Rental Application & Rental Agreement- ‘New Tenant’ Never Pays Anything- We File Rule To Vacate On ‘New Tenant’- ‘New Tenant’ Says That She Never Agreed To Pay The MHP Land Owner Any Money (Granted She Is Living In The MHP)- ‘New Tenant’ Asks For A Hearing In Front Of The Magistrate- The Magistrate Hearing Was This MorningMy Husband presented our evidence:- Rental Application (Which Was Hand-Delivered & Emailed To The ‘New Tenant’)- Rental Agreement (Which Was Hand-Delivered & Emailed To The ‘New Tenant’)- Email To New Tenant With Rental Application & Rental Agreement Attachments: Email Stated That ‘New Tenant’ Needed To Fill Out An Application, How Much Lot Rent Was & Customer Payment Responsibilities- Bills For ‘New Tenant’: Bills Mailed To ‘New Tenant’ From May, June, July & August- Receipt Of Work Performed On Lot: Receipt Of Septic Tank Issue Fixed- ‘New Tenant’ Had Given My Husband Her Email Address- ‘New Tenant’ Had Agreed To Pay All Back Rent & Late FeesMy Husband’s Hearing Was Scheduled For 9:30 AM.He sat in the Lobby until 11 AM.The Magistrate spent an hour with my Husband and the 'New Tenant’The Magistrate said that he has never run into this situation before.The Magistrate ruled the following:- Even Though The ‘New Tenant’ Received The Rental Application (She Admitted Receiving The Application)…She Never Responded To The Email (Even Though She Admitted It Was One Of Her Email Addresses) & She Never Returned It- The ‘New Tenant’ Never Paid Anything (So The Magistrate Ruled That There Was No Landlord / Tenant Relationship Even Though She Was Purchasing The Mobile Home From The ‘Old Tenant’ And Living In The Mobile Home Park)The Magistrate Ruled Additionally If The ‘New Tenant’ Wanted To Remain In The MHP She Would Need To Do The Following:- The Magistrate Made The ‘New Tenant’ Fill Out The Rental Application & Rental Agreement- That The ‘New Tenant’ Would Only Be Responsible For Just The Rent Amount For June, July & August- The Magistrate Made The ‘New Tenant’ Go To The Bank, Come Back To The Magistrate Office & Pay In Cash The Rent Amount For June & July- The Magistrate Held Judgement To Evict In Abeyance Until August 11, 2014 To Allow The ‘New Tenant’ To Pay The August Rent Or She Will Be EvictedWhat We Should Have Done:- We Had Filed The Rule To Vacate For The ‘Old Tenant’- However, We Did Not Follow Through With The Writ Of Ejectment For The ‘Old Tenant’- We Should Have Continued With The Writ Of Ejectment For The ‘Old Tenant’ & Had The Mobile Home Pad Locked With No Trespassing Signs- Then Not Allow Anyone To Become A ‘New Tenant’ Until All The Fees Have Been PaidLesson Learned For Us…Hopefully, It Can Help You :-)Thanks So Very Much!
Thanks for sharing the info.
Hopefully no more problems from that tenant for you.
Was the judge annoyed with the tenant during the hearing.
Unfortunately we have to deal with many losers who
have nothing better to do and enjoy causing havoc.
Thanks for posting this update! Very nice and easy to read!Brandon@Sandell
Brian & Brandon, thank you for your comments!Brian, the Judge did not seem annoyed by the Tenant. The Judge seemed more confused by the Tenant and he kept on asking the Tenant ‘When the Landlord handed you the ‘Lot Agreement’ and ’ Application’, what did you think they were for?’.The Tenant responded 'Oh, I did not know what they were…I was just going to give them to the previous Owner.'The Judge kept going back to SC Law to try to figure out the situation.
If I am understanding this correctly this new tenant lied to you. Personally I would have a good talk with New tenant and let them know that if she tries any more BS like that again she will be a goner. I tend to not continue doing business with people I have to take to court unless I can see that they have had an attitude adjustment, or it was honestly a hard time for them. Just a thought. Best wishes.
MobileHomePark, you are correct…the ‘New Tenant’ lied to us.The ‘New Tenant’ was well aware that there was back rent and fees and she promised that she would pay everything (then she formed some kind of amnesia).Before the Magistrate Hearing I told my Husband that I was fine if he booted her and her Mobile Home out of the Park.However, in the Magistrate Lobby there is a sign that they ‘desire to bring people together’.Thus, the Magistrate gave her a reprieve.However, the Magistrate is keeping the issue open until she pays for August Rent.If she does not pay, she will not stay.I just reread one of Dave’s articles on ‘no pay, no stay’. It is a great article.Thanks So Very Much!
When all else fails, just non-renew the lot lease (assuming you have month-to-month leases).
*** UPDATE ***:The Magistrate gave the ‘New Tenant’ until today (August 11, 2014…payment must arrive by mail by today…not postmarked today) to pay for the August 2014 Rent.*** RESULT: ***Amazingly, the August 2014 Rent arrived today in the mail in the form of a Money Order :-).The ‘New Tenant’ actually complimented my Husband in front of the Magistrate saying that my Husband runs a very nice Park. Thus, hopefully the ‘New Tenant’ will now play by the Rules.If the ‘New Tenant’ selects not to play by the Rules, she will receive her 30 Day Written Notice (as all the Tenants are on Month-To-Month Leases).