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Old 03-30-2013, 04:50 AM
 
Location: San Marcos, TX
2,570 posts, read 7,286,906 times
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I am trying to help my mother out but not sure where to begin.

She owns a mobile home (in Texas) that sits on a rented lot. She does not currently live there but has in the past. She previously had a lease agreement with the mobile home community that specified that the tenant was responsible for cutting the grass, keeping weeds cut, but that any TREES were the property of, and responsibility of the owners of the entire "park". The previous lease stated that tree trimming, limb removal, dead tree removal, etc., was the responsibility of the park management/owners. She was not allowed to cut trees down, or remove them, but also not expected to trim them or remove them if they fell or whatever.

So, the lots are all fairly heavily treed. There have been several large branches that have fallen during storms and so forth and some that were cut (my mom thinks the city cut them because they stuck out or were overhanging into the street). All of these limbs are all over the property, making it impossible to take care of the yard, walk through the yard, etc. She describes it as a "jungle". Most of them are large, 15 to 30 feet long. The kind that need to be chopped up/cut up and hauled off, not little things that would be carried off easily by hand.

My mother has been fighting with the park management/ownership company since October, to get them to take care of the limbs, and they have done nothing. She has now discussed this with the newly hired park manager, who agrees that it is the owners (I think it's corporate owned) responsibility but she herself (manager) says she has been unable to get them to do anything either, on her end, and I don't think it is just the lot my mother's trailer is on that has had this problem. My mother says she's written several letters to the corporate office with no replies. The lease specified that management was supposed to collect limbs and brush once a month on each lot but they have not done so.


SO when her lease ended and they wanted her to renew, she refused to do so because of this issue. I am guessing (?) she is now on a month to month? Or not? I don't know. I have been reading through the Texas property code info as it pertains to mobile home lot rentals but it didn't help me much. She is still paying rent monthly.

So now that there is no lease, is she going to be worse off when it comes to getting them to take care of this? Should she sign a new lease? I'm at a loss as to how to help her get them to take care of it. She has no money for an attorney or any of that. (and as an aside, I told her long ago to sell this place because she really cannot afford to manage it as a rental but that's another story entirely)

At this point she wants to get it cleaned up and rented. I told her she should just rent to someone who has a chainsaw and a truck and who would agree to remove all the limbs themselves, in exchange for a discount on the 1st months rent. Seems like it would be the best way to get it cleaned up and rented in the quickest amount of time. The rental market where this is happening is VERY tight, finding someone should not be a problem. However I get her frustration since she shouldn't "have" to do that and it will cost her money she should not have to spend... but now with no lot lease currently in effect who knows how far she'd get otherwise.

Last edited by Sally_Sparrow; 03-30-2013 at 05:02 AM..
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Old 03-30-2013, 11:31 AM
 
Location: North Idaho
28,283 posts, read 38,800,781 times
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Since she does a lot of complaining, she should be aware that when she is month to month, and if she is irritating enough, they can ask her to take her trailer and get out.

In a trailer park, it would be more secure with a lease.

The thing is, I can never understand putting up with miserable conditions that would be easy to fix, but living with it instead because the landlord won't fix it. Yes, the landlord should fix it, but he isn't going to. It's Texas. Gardeners are dirt cheap to hire. She could have someone come in and load those limbs up once a month into their battered old pickup truck and take them away. Then she wouldn't have to put up with limbs on the ground.

Personally, I would consider litter on the ground to be the responsibility of the resident who had that little area of yard. Picking up limbs and raking leaves is not the same as pruning trees.

If it is really intolerable and she refuses to pick up a few dropped limbs, then she can always hitch the trailer up and move it to a different location.
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Old 03-30-2013, 01:13 PM
 
Location: West Virginia
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My post vanished! LOL I Suggested she clean them up & IF she pays some one send the bill to LL. I was wondering How big are the limbs? Cant you pick them up for her? What about the rest of the park? As for a Lease Its Expensive to move a Trailer & if she renting it out she Best GET a Lease to protect her & her Tenants!
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Old 03-30-2013, 01:51 PM
 
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I just want to mention finding a tenant to deal with the mess is probably a bad idea. Those type of arrangements off end up badly, and if they get hurt she could be liable as the owner.

How much is the land rental vs. assumed rent she'd charge? Is subleasing even allowed in the park?

Have you read he expired lease yourself?
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Old 03-30-2013, 02:07 PM
 
Location: San Marcos, TX
2,570 posts, read 7,286,906 times
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Quote:
Originally Posted by oregonwoodsmoke View Post
Since she does a lot of complaining, she should be aware that when she is month to month, and if she is irritating enough, they can ask her to take her trailer and get out.
In a trailer park, it would be more secure with a lease.

The thing is, I can never understand putting up with miserable conditions that would be easy to fix, but living with it instead because the landlord won't fix it. Yes, the landlord should fix it, but he isn't going to. It's Texas. Gardeners are dirt cheap to hire. She could have someone come in and load those limbs up once a month into their battered old pickup truck and take them away. Then she wouldn't have to put up with limbs on the ground.

Personally, I would consider litter on the ground to be the responsibility of the resident who had that little area of yard. Picking up limbs and raking leaves is not the same as pruning trees.

If it is really intolerable and she refuses to pick up a few dropped limbs, then she can always hitch the trailer up and move it to a different location.
Me either. She can be very obstinate. Yes, the park is supposed to do it and no, they did not do it but it does need to be done, problem is she doesn't have much cash flow and just spent a whole bunch of money on her other rental (my childhood home) after the tenant trashed it.

Of course, I would also remind her that if she'd rented the place (the trailer) already "as is", instead of trying to do things to pretty it up, like I suggested MONTHS ago, she'd have the rental income with which to pay someone to deal with the tree branches. As for the trailer, it's old, there is no way it's going anywhere so if it came down to that she'd probably just sell it cheap for cash.

Quote:
Originally Posted by Katie1 View Post
My post vanished! LOL I Suggested she clean them up & IF she pays some one send the bill to LL. I was wondering How big are the limbs? Cant you pick them up for her? What about the rest of the park? As for a Lease Its Expensive to move a Trailer & if she renting it out she Best GET a Lease to protect her & her Tenants!
From what she tells me, the limbs are huge, 15 to 30 feet long, and there are lots of them. Also she says there is a huge old dead tree (still standing) in the back that they were supposed to cut down/remove, 150 feet tall, and she is worried about it falling. As for the rest of the park, other neighbors have had similar problems (like I said, the lots are all heavily treed and we've had lots of windy periods lately) but I am guessing most of the others have just taken care of it on their own? I don't know. I cannot do anything for her right away as I have no truck/chainsaw and from the way she is describing it that's what is needed. I haven't been out there (it's in another city) to see it in person. She does have a truck though. If she doesn't handle it some other way I can go out there and help her but not for another week or so. due to my own time constraints.

That's why I thought she should advertise it for rent ASAP and get someone who is willing to do it for a discount off the 1st months rent, the park manager says people are there every day asking about available rentals and none are available so it seems it would rent fast.

I don't want to turn this into a thread complaining about my mother, that would be easy to do! She's frustrating me though, won't listen when I give her suggestions but when there is a crisis she is asking me what she should do.
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Old 03-30-2013, 02:13 PM
 
Location: San Marcos, TX
2,570 posts, read 7,286,906 times
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Quote:
Originally Posted by Litlove71 View Post
I just want to mention finding a tenant to deal with the mess is probably a bad idea. Those type of arrangements off end up badly, and if they get hurt she could be liable as the owner.

How much is the land rental vs. assumed rent she'd charge? Is subleasing even allowed in the park?

Have you read he expired lease yourself?
The park rent is $275 I think. She'd be able to rent it for about $650-700 and yes it's allowed, she's had it rented before, a good deal of the park is rental trailers. She hasn't lived in it herself in a long long time.

No, I haven't read the lease myself, I have not physically been out there or with her to do so.

I don't know how much it would cost her to just have someone come haul the limbs off but it seems to ME that it's the best/quickest option, would allow her to get it rented right away so she'd get that money back, basically, right away, she wouldn't have to wait until I could come help her, etc. A major thing with her is she's very much a DIY person and always has been, the older she gets, the less able she is to handle everything herself and it is like pulling teeth getting her to pay anyone to do anything.
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Old 03-30-2013, 02:33 PM
 
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Tenant with a chain saw, could end up taking her for e erything she owns if she has an accident and no insurance. Only a very desperate person would take on that headache for reduced rent. And there can be disagreements and court battles over the value of said work.

What if that dead tree that's about to go over kills the new tenant or it comes down on the trailer and destroys all of their property?

What if the tenant calls out someone from the city or county, and they deem the property uninhabitable? It won't matter if the tenant has signed an agreement to fix the problem if state law won't allow the situation.

If you're going to get involved, read the lease. The park can potentially slap a lien on the title I would think. It happens all the time. If you choose not to pay the new rent, your choice is to move. Something no older mobile home owner wants to do of course. You're at the park's mercy--that's just one of many reasons why not owning the land is such a bad idea.

Choosing the easiest way for her to deal with it, doesn't mean that it is a responsible way.
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Old 03-30-2013, 03:24 PM
 
Location: San Marcos, TX
2,570 posts, read 7,286,906 times
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Quote:
Originally Posted by Litlove71 View Post

If you're going to get involved, read the lease. The park can potentially slap a lien on the title I would think. It happens all the time. If you choose not to pay the new rent, your choice is to move. Something no older mobile home owner wants to do of course. You're at the park's mercy--that's just one of many reasons why not owning the land is such a bad idea.

Choosing the easiest way for her to deal with it, doesn't mean that it is a responsible way.
Okay but that is kind of at the heart of my question.. if she did not sign a new lease, what does the old lease matter as far as the terms? The old lease is not currently in effect so what IS in effect at this moment, today? Should I advise her to sign a new lease ASAP?
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Old 03-30-2013, 03:59 PM
 
1,092 posts, read 3,232,359 times
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That would depend on what the old lease states. It could go to month to month, but I doubt it. There's no way to guess. State law can come into play as well... Your mom should be familiar with tenancy laws and contracts considering she's a LL!

My mom's bf lives in a park where the rental spaces went up several hundred dollars. Many tenants simply had to walk away.

If her rent hasn't increased but they've shifted the responsibility to the tenants for upkeep, then she can agree to it, or she can walk. She should have send them certified letters demanding they do maintenance before the lease ended.
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Old 03-30-2013, 04:08 PM
 
Location: St Thomas, US Virgin Islands
24,669 posts, read 65,486,890 times
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Quote:
Originally Posted by Sally_Sparrow View Post
Okay but that is kind of at the heart of my question.. if she did not sign a new lease, what does the old lease matter as far as the terms? The old lease is not currently in effect so what IS in effect at this moment, today? Should I advise her to sign a new lease ASAP?
When a term lease isn't renewed and rolls over to a month to month, the same terms and conditions outlined in the original lease remain in effect. However, if the LL wants to change its terms or issue a notice to quit, he's only required to give 30 days written notice (or whatever the particular state law requires). I believe you'll find that this is pretty standard whether it applies to a building lease or the land lease which your mother had. She would obviously be better protected with a term lease than with a month to month.
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