MHCO Legal Counsel

Phil Querin Q&A: Home On Storage Agreement is Not Maintained - 3 Day Notice of Non Compliance


Question - A resident moves out of their house but the daughter continues to pay a storage fee and signed a MHCO Storage Agreement. The home is not being occupied by anyone. All storage fees are current. However, no one is maintaining the yard or outside of the home. This is required under the Storage Agreement, and work needs to be performed immediately. The MHCO storage agreement refers to a three (3) day notice in the event of non-compliance. Does the community owner give a 3-day notice for non-compliance? If so, what happens next if there is no compliance? Does the landlord file an FED? Should the landlord stop accepting storage payment?

Phil Querin Q&A - Rent Tenders and Non Payment of Rent Evictions

Question: We have a situation at our park that we have never encountered. We have been dealing with a resident who has certain complaints against management, and finally withheld his rent. We just issued a 72-hour notice to him, and after expiration of the 72 hours (plus three days, since we'd mailed the notice to him), we filed an eviction against him in court. He got an attorney, filed a number of counterclaims against us, and tendered the month's rent into court. What do we do?

Phil Querin Q&A: Carports and Sheds in the Community - Who Should Own Them?

Question: As a community owner, is it best to start selling the carport/sheds to the new residents moving into the community or keep the carport/shed as the responsibility of the community? If I do sell the carport/shed to the new resident what's the downside? Also, what about the carport/sheds that 2 spaces share where one side is owned by the resident and the other side is owned by the community? Can I sell the carport/shed to current residents and what condition should the carport/shed be in when they are sold to the resident and do I need to reduce their rent and by how much?

Phil Querin Q&A: Assessment of Late Charges and Recovery of Costs


Question: Our rental agreement provides that rent is due on the first of the month, and late on the fifth. Rent may either be mailed to, or dropped off at, the manager's office. Occasionally, we have residents mailing their rent checks on or before the fourth (based upon the postmark), but they are not received until the fifth or later. In those where we receive the rent check on the fifth or thereafter, can we assess a late charge?


Related to this, after we issue a 72-hour notice, we have a separate (unrelated) company that takes over, preparing, filing, and serving the eviction complaint. Frequently, before the first appearance, the resident agrees to pay the rent. When that happens, what court costs and fees are we entitled to recover?

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.


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