Posted by Steve-WA on August 13, 2010 at 10:01:05:
If you want to take a gamble, serve them a pay or vacate just like a rental eviction; you may have to change the words somewhat, as it is not rent. Then after the obligatory period (3 day? 5 day?), serve them an Eviction Summons and Eviction Complaint. In other words, follow through just as if you were if it was a rental. Even to the point of getting a court date. This may put the fear of God into them - worst case, you go before a judge, and they smack YOU down, and you’re back to square one, only your buyer has more confidence against you.
You don’t mention, but what is the status of the lot rent? AS Don says, the easiest LEGAL way to make this move forward is to have the park rightfully evict if they are not paying rent.
I got lucky and took someones advice regarding this matter a long time ago; it has since been judge-tested, and passed.
In my sales agreement, I have a statement, which the sign to acknowledge, that says:
If default of the terms and conditions of the promissory note occurs, all rights and title immediately revert to the seller, and buyer agrees to surrender the right of park space deposit return to seller. If purchaser remains on premises, they will be considered a tenant with a rental value of $ xxx.00 per month. All charges and fees are considered part of rent due. Surrender of the premises does not exempt the purchaser/tenant from amounts past due.
In the case of default (non-payment), this converts the buyer to a renter, and you follow through as a normal eviction.
This doesnt help you now, but perhaps in the future . . .
Posted by VfromCali on August 12, 2010 at 23:20:19:
One of my tenants for a mobile I sold to him has not paid for this month.
I have told him to pay his payment plus the late fee.
He has not done so yet.
This is my first tenant who has been late.
I have never had to collect late payments so I dont know how it works.
I am going over there and want to tell him, to either pay this amount: payment + late fees
or he is going to get a eviction on his credit and I am going to sue him for the rest of the payments.
I am hoping he is going to get scared and pay on time from now on.
Whats the legal way of doing it, so he will get scared?
Should I bring him a pay or quit notice?
The pay or quit form for renters is same for lonnie tenants?
V,
If the deal is in California the liberals will probably let the tenant stay in the home for 10-15 years or so without paying
Seriously a lonnie deal is a sale and you cannot evict you have to reposess. But the park can evict if he is not paying lot rent. First thing I would do is talk to the tenant and find out why he is late. How long has he been in the home? I would throw paper at him at the first possible opportunity, (you will have to check with your state/local laws) just to make sure he understands who is running the show.
I am going thru a foreclosure as we speak.The buyer
paid a $2000 downpayment, then 4 monthly payments of
$432.Since nothing has been paid.I had an attorney send
her a letter,she paid one more month, then nothing
again.Since she has moved out, yet it goes to the court
house steps the first tuesday in september
