Long story, need advise - Posted by Briton (IN)

Posted by Greg Meade on July 15, 2003 at 19:33:05:

Tony,
Seems a lot of people think that…read some of the verifiable stories on this link and you will never sleep soundly again!

http://educate-yourself.org/cn/99-00/cnlootingofamerica30dec0.shtml

Long story, need advise - Posted by Briton (IN)

Posted by Briton (IN) on July 14, 2003 at 14:35:42:

I bought my park in January of 2003. One of me tenants has been there about as long as i have. His home is worth about 2500$ cash, or 5,000$ financed Lonnie style. Last week i saw 2 for sale signs outside of his house. I called the number to tell him one of his signs was off of his lot. He never would pick up. Finally i called and left a message, and what do ya know, 15 minutes later someone calls back. Turns out its not him, its his “friend” whom i had met once before. So his “friend” says that the tenant is gone for a while, and will not be back anytime soon! I told him to have the tenant call me when he is back, and the “friend” got all crappy with me. Then 15 minutes later a lady calls saying she is the tenans mom, and was wondering if i could move the sign for them, so they did not have to drive that far!! WHAT A MESS!! I think the tenant is running from the law, or selling drugs. Should i evict him? Can you evict someone who is not there? The rent is coming in via tenants “friend”. Please advise, Briton

I think the tenant is running from the law - Posted by Tennessee Bob

Posted by Tennessee Bob on July 15, 2003 at 07:21:12:

Briton,
Don’t jump to conclusions about this tenant unless you have prior experience with him or direct knowledge of his actions. If the lease payments are still coming in leave it alone. You mentioned the estimated value of his home, but not the asking price. You said you called to get the sign moved, but you didn’t mention weather you asked how much they are asking for the home. You are in the drivers seat. If the situation really bothers you, make a low offer and tell the seller you will let them out of the remainder of the lease.

Good Luck and GOD Bless
Tennessee Bob

Re: Long story, need advice - Posted by Tony-VA/NC

Posted by Tony-VA/NC on July 14, 2003 at 19:10:46:

Briton,

Your question turns on a matter of law that can be summed up in one sentence. “What does your lease say?”

I would imagine that a high percentage of the questions on the legal forum here, center around that very question.

Look in you lease and determine if any clause has been violated. If not, collect the rent as long as it comes in or until the tenant breaches the contract some other way.

If you find your contract lacking in some way, then modigy it for the next time.

On a side note, this is one example of why I prefer to lease month to month. My lease is written and specific but it remains a living document and changes as necessary.

I believe that a year lease benefits no one in our business (low income housing). If a tenant is going to leave, they are going to leave tomorrow, regardless of what the lease says. I might have grounds to sue for lost rent for the remainder of the lease but let’s face it, if they couldn’t pay me rent for last month, am I going to get a dime more out of them now?

Month to month. I can get rid of them quickly by not renewing the lease the following month (after providing the required notice).

Why not level the playing field. Had your lease been month to month, and you wanted this guy out, you could have notified him that you were not renewing his lease (per your state statutes).

Tony

Re: Long story, need advise - Posted by Ryan_MO

Posted by Ryan_MO on July 14, 2003 at 16:32:02:

Personally, as long as the rent is still coming in, I wouldnt evict him, even if it was legal. the rent is coming in and there is one less tenant to worry about. Now if he wasnt taking care of his lot, per the lease agreement, then you might have grounds to evict.

Ryan_MO

Buy the way… - Posted by Briton

Posted by Briton on July 14, 2003 at 14:38:04:

He has 6 months left on his 1 year lease. Thanx, Briton

Re: Buy the way… - Posted by Greg Meade

Posted by Greg Meade on July 14, 2003 at 16:41:01:

In my park, i list all people on the lease that can stay there. In a dispute my tally prevails. You need an app. on this guy “not really living there”. It can be a liability issue. If rent is being paid in full, try and purchase the home from mom. Having a “druuggie” in your park can cost you your park under federal forfieture laws!
What a great place to do a lonnie!!!

Re: Buy the way… - Posted by Tony-VA/NC

Posted by Tony-VA/NC on July 14, 2003 at 19:00:00:

Greg,

Federal Forfeiture laws are not quite as predatory as you make them out to be. I think you will find that it takes a lot more than simply having someone arrested in your park for narcotics violations. Heck, if that were the case, I would suggest most housing owners would be at risk.

Forfeiture comes after a paper trail can be proven and that proceeds from the manufacture, sale and distribution of narcotics are how the property was paid for, or that it supported the ongoing business (in a much more direct fashion than you made out).

Now if the park owners were committing such an offense, then the story would differ.

Tony