bad resident

[don]

Crissy,
I am a owner of a M.H.P. About a year ago I sold to residnet a used double wide that was in bad shape, I took the guys home in on trade and carried a contract on the balance over 5 years. Since that time the resident fixed up the inside, put on new vinyl siding and a new roof. The home is on permanent foundation. Now the residnet is causing all kinds of problems. He refuses to listen to the manager, he tells other residents and people in this small town the park is unsafe and his wife is scared to go outside. (the park is clean, nice and quiet). I talked to him yesterday and told him if he didnt like living there to move. He said that he was not going anywhere and that he would deal with me in the future and not the park manager. I offered a little money and the balance of his contract if he would move and he refused. Today he his going around door to door and telling other residents that the park is unsafe and that he did not have to listen to the manger.
His lease is month to month. What worries me in case of court action is that the home is on a permanent foundation and that he also has a handicap son. My question to you is what would you do. If I take him to court to evict and lose were would that leave me in regards to the power of the manager over this residnet? Also, if I lose the case (son is in wheelchair) why would other residents have to listen to the park manger. Please help, im stressed

thanks

[David Farmington]

I am a Mobile Home Park Owner in Oklahoma. I don't know all the laws where you live but here in Oklahoma if you own the property I can kick anyone out! I've never went to court on an eviction thinking I am going to lose and they will stay! These people are a nusiance to the public thats all a judge has to hear, matter fact he'll probably speed it up if there a nusiance. Buck up, he's living on your land, you make the rules, not your residents!

[Chrissy]

Your resident is clearly out of control and is not abiding by the Guidelines. First, not knowing what state you are in makes it difficult. Some states are easier than others to evict. Second, don't focus on the handicapped son! This issue is not about the son beinng handicapped - it is about a resident who is out of control and interfering with your rights and ability to manage the community. He is also interfering with the right to quiet enjoyment the other residents have. Talk to a lawyer. Review your documents. Hopefully you have a provision in your Guidelines which will allow you to proceed immediately. Have residents sign a general letter which states he is a nuisance and is interfering with their right to quiet enjoyment of their homesite. The fact that the home is on a permanent foundation is not your problem - it is his when he has to move it. The fact that his son is handicapped is not an issue in this instance and don't mention it or focus on it. The issue is that the resident is out of control and is violating the guidelines.