Hello all, I trust you are well.
I have a situation. I have a tenant who I’ve non-renewed their lease due to many late payments. They are being served for eviction later today. They are in the process of selling their tenant owed home to a truck driver. The truck driver is being combative, letting me know that if I don’t accept him, he’ll move the home out of the park. Here’s the question. Do you have any experience with this type of situation? We used the lease that Frank provided that says that any homes moving out of the park must have a $1,000 deposit before the home is moved for any damages to infrastructure. Does all of the responsibility go on the current resident who hasn’t paid his current rent (he and his girlfriend I have a signed lease with)? Do I notify the local police to keep an eye on the truck driver moving the home out of the park (I believe that he’s is serious)? How would you proceed? Thank you for your perspective and thoughts.
With Gratitude,
Grit
Once a person finds out they have leverage [trk driver] concerning moving a MH out they use it to their maximum benefit. Try and determine if this trk driver has the means [toter or someone with] or the funds to move it. Otherwise hes just BS’ing to get what he wants. Ive had several tenants threaten this and most of the time they cant follow thru or plan to follow thru. Gaining more info is crucial. Police wont help in this matter. I rely on nosey neighbors to call me or my manager for signs of a tear down. Some will park equipment in front of the tongue to send the mover a signal you’re not rolling over easy for them. Rents, late pyts, proper move out notices need to be given by tenants, etc. Good luck!
Your lease is with your current tenant so you have to go after him, but it will be challenging. The police will not help you. Best you can do is work with the new tenant to accept him, and if he cannot be accepted, you are at a loss for what can legally be done. If he moves the home and does not have a moving permit, call the state police and report somebody moving an oversized load without property state authorization. I have never done that, but it may work.
Bottom line is that you may lose the home. It is difficult to combat illegal activity if you are behaving legally.
We’ve heard the above threats many times before. Most people generally don’t have the money to move the home / won’t move the home. In every instance of those threats - the home was never moved. You can try to work it out with the tenant (worth a shot) … but it’s highly unlikely it will work out anyway if they’re that combative. Call their bluff.
In my experience having hundreds of tenants at this point, you do not want tenants who are going to be a pain in the rear end - set the example firmly with a no BS policy. Other tenants will see that you’re not a pushover and will be on notice. Good luck.
@grit Welcome to the business!
As others have stated, you are experiencing what we all have especially in turn-around properties. First, I will assume your Lease/Rental Agreement and/or Rules & Regulations do not allow a home to be sold to someone who has not completed an Application and has been approved by the community. Second, if you live in a state that has moving regulations, most licensed transport companies will not pull a home without the parks permission. Even if you live in a state with transport regulations or not the old tenant owes you money. I can assure you that you do not want your old tenant or the truck driver that is already giving you issues and he is not even a resident. Tell the truck driver he is not approved to be a resident and he can pull the home as soon as he pays all the back rent owed by the tenant you are evicting. Chances are the truck driver will bail and if he pays and pulls the home just be grateful both people are gone. If you live in a state that regulates MH transport, make sure the transport company sends you their insurance with the park listed as “additionally insured.” Make sure someone is supervising the removal of the home and documents any damage that you can claim against the transport company. You evicting AND letting the house go to another jerk if it ends up that way will have a long -term positive effect withing your community. If you end up with a home sitting on the lot just keep charging the monthly rent until such time you own the home or someone pays the outstanding balance. Then when you get the home as abandoned, you could sell it for what is owed and get a much better tenant. It might take a while, but it will all work our in the end.
Best of luck!
Paul
P.S. There is not really much that can be damaged that can’t be easily fixed. A water pipe/ gas pipe/ sewer pipe / or big muddy tire tracks that leave big tire ruts in the lot are all very easily fixed and in the end you got rid of your “bad apples.”
A reputable mover will make sure lot rent is up to date. I 100% agree with making this an example to others. You really do not want the truck driver and I would be worried about him wanting to park a truck in the community too.