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Eric F.
  • Real Estate Investor
  • Raleigh, NC
296
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427
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What would you do? Buyer late on lot rent, and payments

Eric F.
  • Real Estate Investor
  • Raleigh, NC
Posted Aug 12 2015, 06:13

Short version: Buyer 2 months late on lot rent, 15 days late on payment

I sold a trailer to a couple 1 and half years ago, on a 3 year note. They pay slow all the time, but always pay the late fee. Last month they paid 3 weeks late. I know he lost his job, couldn’t find work, and then got a new one. He gave me the proof he had a new job which is why I was fine with the lateness (even though looking back I have allowed it too much, they always paid the late fee though so I was too soft) Anyway, the park owner called yesterday and said they have not paid lot rent for 2 months and they are ignoring all her attempts to contact, including notes left on the door. I told her he owed me as well. I also told her he got a new job 3 weeks ago and told me he would be caught up this Friday. When I spoke with him I did not know lot rent was late. She said if she is not paid Friday she would have to file Monday. We spoke and she said it would probably be better if I filed in court instead of her, since her filing would be an eviction to move the trailer, which my contract with the seller prohibits, plus he can’t afford to, whereas mine would just get me the trailer back.

The tenant is really hard to get in touch with. He will respond to texts but never on the phone. I want to tell him if the park owner and I are not paid in full on Friday (we won’t be) “look, this isn’t working, I have to file on Monday” but trying to steer it towards just giving them a couple hundred bucks to get out and get it clean. If I get them out this way it will cost me my back payments (fine with me), 2 months lot rent (I have to make up what he already owes which sucks) plus the money I give him, if I even give him any, but it will be faster and easier. Even if I give him like 600 bucks that is two more months of lot rent I would owe by the time I got him out due to the time it takes in court, plus 2 months more of lost rent pay.

What would you guys do?

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