Mobile Home Tennant Passed Away... No Rent-- NOW WHAT?
Hello friends! I own a small Mobile Home Park and I need your advice! Eight months ago, one of my tennants passed away. Since then, the executor of the estate has paid nothing. Now, the bank has forclosed on the mobile and is trying to sell it for far more than it is worth, and than he owed.
1. How do I collect for the past 8 months?
2. Am I entitled to late fees as per the lease?
3. Do I have any recourse with the mobile / bank?
4. How do I control who the potential buyer is?
5. Any other advice???
Thank you!!!
You must talk to an attorney versed in local law concerning Mobile Home issues.
In general, and speculating as to your state laws, I would expect that you have a first lein on the mobile home for back rent, penalties, late fees, etc.
In other words, the mortgage company needs your permission to enter your property and remove the home. It is your collateral on the money owed to you.
That said, you will have no control over who buys the home other than your willingness or refusal to lease the ground to the new buyer.
You need to see a lawyer now to protect your position in this matter. Depending on how your lease was written, the bank may also be responsible for your attourney fees.
[addsig]
Your claim is actually against the deceased tenants estate. The tenant owes and there should have been a public notice of the probate by the Executor or Administrator for people claiming bills to present. The property of the mobile home can be sold to whomever the noteholders please or at auction. What you have a "hand in" is according to your previous lease and Mobile Home By-Laws and rules. Holding peoples property for payment of rent can get you in real trouble in some states. The best bet is an attorney to recover from the estate. You should be entitled to all that is legal that your lease called for and possibly attorney fees. You are trying for the mobile home to owe you money and that is not the way it works. Find out when the executor probated the case!!!
You will get paid out of Probate when there is money for them to pay off the creditors. you are one of them.
Have you officially submitted your claim? The amount of months will be estimated upon the sale of the home. Every month it sets there you are entitle to your rent. It is a matter of time.
I agree with bargain76.
Not to mention, not all “estates” go through probate. Which means, there are no public notices, no claims to file, etc.
Go here about landlords in Washington state.
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=59.18
Actually the subject of the rental of mobile home lots in a mobile home park are covered under a different statute:
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=59.20
"Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers"
The lease is not up until June of next year.
The tenant is using the strict definition of the FL definition of Landlord as the "owner or lessor".
You already have the answer about going to a RE attorney with your lease.
This is a wakeup call for all of us to re-read our leases and make sure we have covered this issue correctly. This is not something we think about everyday but we need to be prepared for. Our lease has "landlord or his agent" throughout. For the future, You may be able to add a description clause at the end of your lease above the signatures defining landlord as "landlord and his agents."
Let us know how things work out.
Where did you get your lease agreement form?
SomRE,
Glad to meet you.
You should probably ask someone who rented out an illegal basement or room where there was a fire and the tenants could not get out in time because of no immediate exits from the area they were living in.
Check how much jail time they did and how much extra they made from the tenants doing this and see if it is worth it.
John $Cash$ Locke
[addsig]
Well, an illegal room can have a window, but just no closet, or be on the small side, so not really be a safety hazard. And a basement apartment might have 2 means of egress but just have a ceiling that is too low. But you have good points.