Asking advice about lease

[Debbie Bullock]

Hi. I found this site just a few weeks ago while doing research. My husband and I are thinking of opening up lots for mobile homes. I figure you can answer this question.

To make a long story short, about six years ago we rented a l00 x 75 lot in town to a couple to place their mobile home. There was a lease drawn up, signed and notorized. In the lease I had a clause that if they missed two consecutive payments the contract was null and void. For the first couple or so years they paid fairly close to the first of each month. The last few years I've had to call, drop by, send letters, etc. She would get as much as four months behind (only $50 a month) then she'd send a check for $200. I really didn't worry much about it as I knew she would eventually pay. She's just one of those that lets things slide but at the same time is responsible in every other aspect, if you know what I mean.

Back in July, we let them know their rent was going up at the first of the year. I sent them a new lease to sign which would take effect Jan 1, 2004. I got the rent but never received the lease .A few days ago I sent them a certified notice of non-payment and let them know that if they paid before the 10th they would not have to pay the late charge. This late charge is new as the old lease had nothing about a late charge. In the letter I told them to send the money along with the notarized lease before the 10th. Today, the 10th I find a check for the rent but no lease. These people apparently do not want to sign the new lease. How do I stand on this as their home is parked on my lot, I have no lease and if I don't get it sent can I still enforce the late charge if they don't pay timely in the future? I appreciate your input.

Debbie

[Debbie Bullock]

Sorry. We're in Arkansas if that makes a difference. I know the laws vary from state to state on a lot of things.

[DBH]

I don't know about Arkansas, but in Georgia the Magistrate's Court handles tenant/landlord disputes. The local Magistrate's Court gave me a long list of questions and answers that pertain to leases, evictions, deposits, etc.

In Georgia when the lease has expired, but the landlord continues to take rent payments and allowed the tenant to stay then a tenancy-at-will has been created.
The terms of the original lease would still apply except as to notice to vacate or change the lease terms which would be 60 days for the landlord and 30 days for the tenant. Ths information came from the website www.dca.state.ga.us/housing/landlord/lsterm&renu.html

This may or may not be the same as the laws in Arkansas.

I myself would evict a tenant that was four months behind on the rent!

[DBH]

If the language of the original lease says that after the expiration of the original term the parties have the right to extend under the same terms, acceptance of rent by the landlord extends the lease and all it's terms including length of tenancy. In such case no tenancy-at-will is created.

Again, this is Georgia law. This information was found on the Georgia Department of Community Affairs website. Perhaps you can find something similar on the Internet that pertains to Arkansas.

[Chrissy]

Almost every state has an "implied" lease based on the terms of payment. Since your renters pay rent each month, they would be on an implied month-to-month lease. Normally, that means that you can evict with 30 days notice or less for non-payment of rent - even if you don't have a written lease. Attorneys cost money, and it may be possible for you to do this yourself. Call the Arkansas Manufactured Housing Association for a bit of free state-specific advice. Talk to J. D. Harper or one of his staff for recommendations. Their number is published; I just don't have it with me on the road. You may also be able to get some paperwork and general information from the Clerk of Courts. Good luck - and remember even if you have to hire an attorney it's better than allowing the situation to continue.

[Debbie]

To continue...Today is the 11th. No check in the mail. There is a clause that took effect on the 1st of the year . Even though they didn't sign the lease, they had amply time to move if they didn't want to comply with the new terms.(They were notified in July that the rent was going up, sometime in August they were sent the new lease to sign, notorize and return, which had the late fee clause in it) The rent went up $25 and there is a $7.50 late charge if the rent is not paid by the 10th. My question is, when the check comes--it will in a few days and will probably be for the base amount--can I send the check back to them with a note that I do not accept partial payments? I'm not interested in acquiring an additional few dollars each month from these people but I figure it's about the only way to "force" them to pay anywhere near the due date. I'm like anyone else, I need to be able to depend on that part of my income so need to know it's coming this month, not two months at a time later. I think a 10-day grace period is generous enough.Thanks.

[Chrissy]

Can you return the check?? Sure you can. If you file for eviction for non-payment of rent, will the court force you to accept base rent only and allow them time to pay the late fee??? I don't know - you need to talk to the magistrate or an attorney.