Accepting Rent

Phil Querin Q&A: Accepting Rent From Non-Tenant Occupants

Question:  When can a manager refuse payment by check? If the name on the check does not match the resident’s name can (or should) the check be refused?  Should there be a park rule to back this up? If the manager refuses payment because of the name on the check and asks for a money order or cash, does that have to be in the rules? All of this stems from the concern of unauthorized residents becoming tenants simply because a manager accepts a check for space rent when they are not an approved tenant.
 

 

Phil Querin Q&A - Accepting Rent When Another Name is On the Check

Question:  When can a manager refuse payment by check? If the name on the check does not match the resident’s name can (or should) the check be refused?  Should there be a park rule to back this up? If the manager refuses payment because of the name on the check and asks for money order or cash does that have to be in the rules? All of this stems from the concern of unauthorized residents becoming tenants simply because a manager accepts a check for space rent when they are not an approved tenant.
 

 

Phil Querin Q&A: Sub Leasing and Eviction

Question: An occupant lives in a home that is sub leased from her father. The father, who is the official tenant on the lease, does not live in the home.  The occupant has been in the house since the beginning of January.  The occupant was asked at the time to complete and submit a criminal background check, but refused. So the occupant is living there as an unauthorized person. The father has given the occupant (his daughter) an eviction notice.  They went to court, and the judge told them to come back in two weeks. This morning the occupant gave the community owner a money order for February rent.  What should the community owner do with the money order. Should it be returned?  Should the community owner issue a 24 hour notice since the occupant is there without another person in the home having signed a rental agreement?  Or should the community owner give a no cause eviction?