Ask attorney Brad is a feature with attorney Bradley S. Kraus and this week the question is about the 90-day no-cause notice and a tenant who is ok with moving. If you have a question for Brad, please feel out the form below.
Ask Attorney Brad:
My tenant has been in my rental for a couple of years. It’s a mobile home and I’d like to move it to another property that is within a mile. The tenant is aware that the home may move and he is OK with relocating to the same house, once it’s moved. How might the 90-day notice figure into this arrangement? With our verbal agreement and the house simply going to another lot, it’s a unique situation. -Gary
Quite a unique situation indeed!
The good thing about your particular situation is that (a) you don’t seem to want to get rid of your tenant, and (b) he’s okay moving to the new location.
Because of that, it may be as easy as working something out with the tenant in the form of a hotel stay or compensation for couch surfing while the mobile home is being moved. The particulars of this situation may not be fully apparent in your question, so if I’m missing something, let me know.
A 90-day no-cause notice for a qualifying landlord exemption (assuming that’s what you meant) is really only necessary if you want to remove the tenant. That doesn’t seem to be the case here.
So, a simple conversation with your tenant (and a well-crafted document reflecting the parties’ arrangement) will likely go a long way.
As adversarial as the landlord/tenant relationship has become recently, sometimes we forget that’s still an option.
Brad Kraus is a partner at Warren Allen LLP. His primary practice area is landlord/tenant law, but he also assists clients with various litigation matters, probate matters, real estate disputes, and family-law matters. A native of New Ulm, Minnesota, he continues to root for Minnesota sports teams in his free time. You can reach him via email firstname.lastname@example.org or 503-255-8795.
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