Re: Do I evict as well? - Posted by Karl (Oh)
Posted by Karl (Oh) on July 08, 2006 at 20:40:23:
As always, it depends.
Is your payor behind with you? Has she defaulted on her payments? Just wondering if you have grounds for filing on her yet. Are you selling the home, or renting it out? (You stated that she was a note payor, but later said that the title isn?t in her name.) If you?re selling, you do repossession. If renting, or doing a lease/option, its an eviction.
I’ll assume that you have a friendly working relationship with the park, they only want to kick out the tenant and not your home as well, and you just want the home back after the tenant is evicted. If the park is doing an eviction, get the tenant to sign a “general release and surrender”. Essentially, you’re letting them out of their obligation to pay you, in exchange for them releasing any claim to the home. I?ve done these countless times. The park is the heavy, and you come in as the good guy. ?Just leave the home like you found it, and I won?t come after you for what you owe me.? Have the buyer sign this after they’re out of the home, and you can take possession. Sometimes a buyer has been making payments for awhile and they might feel that there?s some equity that?s owed to them. I had success deflecting this by telling the buyer that all money paid to date will just be considered rent, as if they?ve been renting the home the whole time. Its easier for a buyer to walk away from lost rent money than it is from equity.
Here?s the downside to only letting the park file on your buyer. If you piggyback on the park eviction, there?s a chance that she might show up with rent money at the last minute and avoids eviction. Then the park is cured, but you?re still not getting paid, and you haven?t started any legal action yet. There?s nothing worse that when the tenant pays the park, but not you. So you might want to consider starting your own legal action right away, just in case the park eviction doesn’t go through.
Sorry for the conflicting answers, but its just going to depend on how you want to run your business, how good your park is at evicting tenants, and your relationship with the park.
Craig has an interesting point about the status of your home. Are you and the park working on solving this problem together, or are they going to consider you part of the problem? What?s your relationship with the park? The answer to your ?should I also evict? question will depend on how well you and park are working together.