I need to get my tenants out!! HELP!! - Posted by John (KS)


#1

Posted by MilNC on December 21, 1998 at 13:15:55:

This is a comment, for others to follow up on:
Weigh the costs of paying their moving expenses, or part of them, schedule the moving company or pay for a U-Haul deposit (applied late fee)–depends how your local companies work). Pay for a nearby
storage unit. You might come out ahead.
Set it up with a storage unit company–one that prorates, like Morningstar, and let them be responsible for the period past the proration. They sometimes have deals going, like first month free. Reserve a unit and let them take over the unit. You only pay up to a certain date-could be a week or two. You cancel by a certain date, and then they can take over. If they don’t pay the storage company, their stuff goes up for auction, behind gated fences and with the storage
co paying for security.
Compare this with ugly hassles that might ensue if you get physically involved. Of course all depends on your local laws which we don’t know.
I would avoid any physical involvement. Things could
turn ugly. You want a rentalble unit when this is all over with, and you don’t want to get shot. Can you buy
some appliances from them or accept in trade instead of a late fee? (apply it to storage unit?) This is all assuming they
are not into a total scam, but just dont’ have the
money.
You did not indicate if you had given any required notice.

This is a problem that interests us all.
Once the legal notice has been given, you can have the sheriff stand by.

Sorry, I have not read your previous post.


#2

I need to get my tenants out!! HELP!! - Posted by John (KS)

Posted by John (KS) on December 21, 1998 at 12:16:15:

Per the post below about foreclosing on a MH I sold. My contract states that they will owe $25 late fee and $1 additional charge per day if not paid by the 5th. It also states that the agreement is nullified if they do not comply with the Park rules. They still have not paid they park this month’s lot rent and they still owe me $115 plus late fees.

I went over there Friday evening and asked for the money owed me and the park, they told me “next week”. I told them if they could not have it by Monday, they should have their stuff out by Monday evening. I just gat a call from the park manager and he said it did not look like they were moving and they didn’t have his money.

I want them out! I already am out alot of money, plus I am going to be responsible for paying this month’s rent plus late fees. I need to get a new buyer before the first of the year, or I will be paying another month’s lot rent.

Is it time to go over with a few friends and move their stuff out to the curb? What can I do?


#3

Re: I need to get my tenants out!! HELP!! - Posted by Doris - Va.

Posted by Doris - Va. on December 21, 1998 at 22:01:52:

John - in my area - the park management takes an upfront role in evicting a mobilehome owner/tenent if the park rent is not being paid - which I believe you mentioned was the case in your post. One day late past the five day payment period and a warning of court action and eviction is sent out with late charges too, of course. If the rent is not paid before the deadline - 10 days or at the very most, before the next rent is due if the circumstances warrent it, then they are out. In the case of a lease/option owner or contract sale - the manager usually has an agreement with the note holder to notify him at once so the mobile home does not have to be moved. My point is that the eviction would be handled by the park manager and could include a court order and sheriff if necessary. I did not see any mention of park manager participation even tho you said the tenant owed them money also. They seem to be leaving it up to you. This is surprising. I should think it would be a joint effort at the least. Hope you find a good solution quickly.
Best wishes and happy holidays. Doris - Va.


#4

Re: I need to get my tenants out!! HELP!! - Posted by Cesar

Posted by Cesar on December 21, 1998 at 15:26:57:

Since you did have some form of written agreement, then you will have to follow the law in order to evict. Remember, this is a hassle and expensive, so the best suggestion is to try to get them out in the nicest way possible (by buying them out of the contract) or you may end up with a whole bunch of legal fees AND a trashed home. If they will not listen to reason in any way, then proceed with the process QUICKLY. Do not give them a chance to do a lot of damage.

Good Luck.


#5

Follow the LAW - Posted by DougO(NM)

Posted by DougO(NM) on December 21, 1998 at 13:36:52:

You need to determine the sequence of events for non payment of rent ! Go to the small claims court near you and ask the clerk or call an attorney. You will surely need to deliver a 3 day notice to pay or quit, also mail it certified return receipt requested. At that point you ususally file at the appropriate court and go from there. As the other post below says, it’s probably cheaper and faster for you to pay them to move out and do what ever it takes to avoid the court. DO NOT show up and move their stuff out unless you want THEM to own the place. Work QUICKLY to get this resolved, DO NOT mess around. If you need to write a check to them or an Attorney, DO IT ! Consider this the LIFE 101 Seminar in landlording and you get to determine the course fee ! Good Luck, Doug