Old Tenant in Jail, I got leased signed by GF. Now he's back...

[Alison P.]

Hello, I'm new to all of this and in April purchased a mobile home park that was full.  I grandfathered in all the tenants and they all signed my lease except for one odd exception.  The original tenant of one unit was in jail for 2nd degree assault when I closed on the park, but his girlfriend was living in the unit (he had been there since 2015 before being put in jail for 8 months).  I did all the paperwork with her and she signed the lease.  His name is on the lease but obviously he couldn't sign it and still hasn't.  The 1st 2 months I owned it, everything was great.  His girlfriend even paid me early both months. Then he got out of jail... In the last 2 months the rent has been late and at the weekend we had a big issue with him and his neighbor over parking.  We tried to solve the issue but he was pretty aggressive throughout, especially when I asked him about paying the rent.  They still haven't paid the rent for July even though I have sent a reminder and a late fee notice. He said he would pay on Monday but didn't and now they are not returning my texts.  I'm wondering if, because he didn't sign the lease, and it's on a month to month (because she mentioned they may be moving and didn't want to lock into a year contract), that I could just send them a notice to vacate.  Has anyone else had to deal with someone/something like this? I would appreciate any advice. Rentals are in Missouri.

[Marcia Maynard]

Whether he signed the MTM lease or not, he's still your tenant if he's established residency there.

1. Serve the appropriate "pay rent or quit" type notice and include her name, his name, and "all other occupants" (to include anyone else who may be living there without your knowledge.)

2. Serve a "notice to enter" for a maintenance inspection. This will get you inside where you can see the condition of the unit. You can also get an idea of how difficult it will be to make-ready the unit for the next tenant and get your turnover plan ready. While you're there, keep an eye out for evidence of violation of any other clause of the rental agreement.

3. Check to make sure payment of the utilities are up to date. Tenants often stop paying for utilities prior to not paying rent.

4. Serve the appropriate "cure or quit" notice for any other violations of the rental agreement. This might include the confrontation in the parking lot, if you can tie it to one of your lease clauses.

5. If your jurisdiction allows a "no cause" termination, then even if they cure the violations, you can still end the tenancy it just isn't working out for you by serving the appropriate "termination of tenancy" notice.

6. Your goal could be to save the tenancy by having the tenants quickly come into compliance with all the terms of the rental agreement. If that's unlikely and you need to force a move, your goal would be to regain possession of the property as quickly as possible, with the least amount of monetary loss, and the least amount of damage. Everything's negotiable.

7. Be aware of moves and counter-moves. Anticipate tenant reaction to every move of yours. Think several steps ahead, like a chess game. Know landlord-tenant law better than your tenants and enforce the terms of the rental agreement in a judicious manner. Always remain professional, act within the law, and protect yourself.