Ask a Lawyer

By: Steven M. Williams

I have a tenant who causes a lot of problems. He is on a lease with the person who owns the home. Can I evict the problem tenant without evicting the home owner (who is not causing any problems)?

Yes. You can evict some, but not all, tenants who are on the lease. There is no requirement that you evict all of them.

I have several tenants who rent the home and the lot from me. They have caused problems over the last few months, but none that are technically defaults of their lease. So, I do not think I will be successful in an eviction. Since these tenants do not own the home in which they live, can I simply non-renew their lease and demand that they vacate?

Yes. Only tenants who own their homes are protected by the Manufactured Home Community Rights Act. You are unable to non-renew their leases. However, you can non-renew the leases of tenants renting the home from you.

I obtained a possession judgment against one of my tenants in November. He asked if he could have some time to pay the outstanding rent that he owes so that he could stay in his home. I agreed and entered into a payment plan with him. Unfortunately, he has not made the payments he agreed to make. Can I file a Request for Order for Possession and proceed with an eviction now?

Unfortunately, no. A Request for Order for Possession must be filed within 120 days from the date the possession judgment is entered by the Magisterial District Judge. So, you are too late to enforce the possession judgment. You will need to file a new eviction complaint and start over. Note, though, that you cannot include any rental amounts that were a part of the first judgment in the new eviction complaint. You still have the right to collect those amounts, but you cannot sue again for them.