What Docs are a must for a Mobile Home Park?

Question

Hello BP family!

Here is what I ask of BP: What legal documents do we need to completely revamp the park?

I could really use some assistance. My mother is part owner of a trailer park. It was passed down to her (and her sisters/my aunts) from my pap. It was set up very poorly and they do not have the correct legal documents in place. The park is slowly being ran into the ground.

Please give all the basic docs, where to get them, and an estimate of how much it will cost. The lease agreement, eviction notice, etc...If you could simply provide templates, that would be great as well. This facility is ran so poorly, that I cringe when they begin to talk about it. I often joke with my mother that the tenants sign a napkin for the lease agreement. It was set up by my pap many many years ago, and anyone who could walk in was able to rent. As you can imagine, there are a lot of issues.

I don't have any real experience with this, but I know enough to know that they are doing everything wrong.

Any assistance would be GREATLY appreciated. Thank you all who contribute!

PS. The park is locate in the northern part of WV.

Bruce Clark · Answer

@Dakoda Spencer Both my business partner and I are attorney's and investors in West Virginia. I am based Wheeling, and he is in Morgantown. PM with any specific questions you may have and I can help you out.

Dakoda Spencer · Answer

@Matt Boettinger The rezoning was done a couple years ago, and the current structures have been grandfathered in. Of course, no new structures can be added or replaced there now. I'm aware that it is a tenant problem, but my mother and aunts don't like to listen to me.

@Kathy Johnson Thank you for the resources! I have confirmed that they indeed do own the trailers.

Does anyone know of a good lawyer for the West Virginia (WV) that is close to Morgantown?

Kathy Johnson · Answer

Here is a site that lists links to landlord responsiblities in West Virginia.  These are helpful if the non-paying tenants are in park owned trailers/mobiles.  If the non-payer are in tenant owned trailers, you will have to talk with a lawyer about eviction of a mobile home from a park.  Take any agreements to the lawyer in case there are terms in the agreement that affect the remedies available to you.  The responsible party needs to go to the lawyer unless you have a power of attorney or agency agreement.

http://www.wvfairhousing.org/tenant.html  or https://www.american-apartment-owners-association.org/landlord-tenant-laws/west-virginia/

Disclaimer, I am not a lawyer and the above is based on personal experiences in a different state.

Matt Boettinger · Answer

You can go to the county tax assessors website and see the current zoning.  You can just google the county name and tax assessor.  If the zoning isn't legal for a MHP then you need to find out when that zoning was given.  The chances are that the zoning was put in place after the park was constructed.  Most counties/states will recognize that the park has been grandfathered.  It may also tell you the number of sites legally designated.

You have more of a tenant problem than a document problem.  If you don't have anything to track rent, start out by keeping things simple.  Just track on an Excel sheet.

It is worth spending some money to go get a lawyer to walk you through your first eviction.  The laws vary from state to state.

Dakoda Spencer · Answer

@Kathy Johnson

Thank you for the reply. The only document that they currently have is a lease agreement. I read through it yesterday, and it is very poorly written and dated. They need every other document. Some tenants own their trailers and some tenants don't. I'd say there is a pretty even amount of both. I'm not sure how they track their rent, but I know they do something. Would you suggest using excel for this? They have been in trouble from the state multiple times but I'm not sure for what specific reasons. Where could we go to see our state/county requirements?

The park is set up on well water. Haven't had any issues with water that I'm aware of.

These are all really good questions to understand the park in a whole. The owners are attempting to evict two of the tenants for not paying their rent for a very long time. I'm not too sure of the process, or what documentation to use. So here are my questions from all of this:

• Would you suggest using excel to track rent? No? Then what?
• Where could we go to see our state/county requirements for mobile home parks?
• What is the basic process for evicting a tenant, and what documentation is needed? Eviction notice?

Thanks for taking the time Kathy! I really appreciate it!

Kathy Johnson · Answer

Before starting from scratch, gather all the documents that exist to see what you have and what is possibly missing. Do the mobiles/trailers belong to the park or to the tenants?  Some parks may have a mix of park owned and tenant owned.  Even if the lease agreements were written on a napkin, they can still be binding if both parties signed them.  Start making a spreadsheet tracking rents as they are paid.  Check with your state and county about requirements for mobile home parks so you don't run afoul of any required licensing.

Check the status of utilities to the park.  Some parks are on municipal water while others have their own water well and if over certain number of tenants are required to do regular monitoring/testing of water quality.

Check the status of property taxes, insurance and other bills paid by the park owner.

These are just a few things to start with.

For any park owned mobile homes being rented out, you can read up on the West Virginia landlord responsibilities at your state government offices or website.

I am not local to you so that is the best I can do for advice, but hopefully someone in your state will comment.