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?

Mark Busch RV Q&A: Landlord Christmas Story

Question: We have an RV park with quite a few long-term tenants. Our problem tenant ("Kris") has been here for for what seems like ages. This time every year around the holidays, Kris has a whole group of elves stay with him for a couple of months and they never register as guests. He claims he needs a "reasonable accommodation" for them because he has a bad back and they help him do a lot of lifting. He also brings in a herd of reindeer (Kris doesn't have a pet agreement), and he parks a red sleigh on the street (where parking isn't allowed). What can we do?



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