Temporary Occupant

Phil Querin Q&A: Temporary Occupant and Fair Housing Accommodation

 

Question:  A tenant has asked for her daughter to be on a temporary occupant agreement.  The tenant has recently been in the hospital and has returned home.  She has not said she needs a caregiver at this point in time.  The daughter is 40 years old and has three large dogs.   She has applied to be a temporary occupant and has said that she will bring her dogs and if the park says ‘no’ she will get her attorney.  Does the temporary occupant have rights? The park has a small dog policy - her dogs are clearly in violation. At this point there has been no mention of disability or request for reasonable accommodation.  What are the landlord’s rights?  We suspect that the tenant will eventually say she needs at caregiver and hence the need for her daughter.  At that point, once she has said “disability” or “caregiver” what are the landlord’s rights? Can he say no to the daughter in both circumstances or only in first before the word “disability” or “caregiver” is mentioned?

 

 

 

Phil Querin Q&A: Temporary Occupant Overstays Her Welcome

 

Question. I have a question about the MHCO Temporary Occupant Agreement (MHCO Form 25).  I have a friend who is a tenant in a park. He allowed a woman to move into his home with him. The landlord, the woman and he then signed a MHCO Temporary Occupant Agreement.  I do not know what the duration was, i.e. month-to-month or for a fixed term.

 

After a while the tenant realized this was a big mistake and asked her to leave; she refused.  As I understand it, the landlord has also asked her to vacate, and she again refused.  The park owner does not really want to push the issue in court.  She has told the tenant that he will have to have her legally evicted if he wants her out.

 

Recently, after she left town for several days, the tenant changed the door locks.  Upon returning and being unable to gain access, she called the County Sheriff's Office. The responding deputy told the tenant/home owner that he could not require her to leave the premises. He even said that if she forced entry, she could not be arrested for the trespass. He said she had established residency at the home, and had full legal right to remain there until a court eviction occurred.  She has been in the home beginning approximately December 2016.  The woman has never paid any rent.  

 

I would think she was committing a criminal trespass where either the landlord or the tenant revoked consent to her being at the space.  What can he do? I am interested in case I have this situation in my community.

 

 

Phil Querin: Q&A: Death of a Tenant While Temporary Occupant Residing in Premises

Question:  A resident passed away in our community. There was a person living in the home at the time under a Temporary Occupant Agreement. However, it does not expire for several more months. Rent is paid up until the end of the month. What should the landlord do? Can he/she give a notice longer than the 24 hour notice of eviction which seems cruel given the circumstances? Should he/she use a 30 day notice? Should management accept rent from the temporary occupant for the following month?
 

 

 

Phil Querin Q&A - Resident Leaves but Returns Requesting Temp Occupant Status

Question:  A former tenant who signed over his mobile but left the Park with almost $4,000 in back rent, unpaid property taxes and attorney fees is now applying to be a Temporary Occupant in a neighbor’s home.  Is there any way I can prevent him from living in the Park? If I deny him temporary occupancy, I’m afraid he will say he will be serving as a care giver for the current tenant.  What can I do?