Took the property over on July 1 and a tenant of the previous business was notified and never signed a contract with us but had one with previous business. It has now been 6 months and we asked him to move the trailer but he has not done so. Can we legally move the trailer ourselves?
In general, you are required to honor the pre-existing lease. You can give notice of non-renewal prior to the expiration of the lease. Once you are past these issues you can start treating the trailer as abandoned property. Could you give notice of an auction to the tenant?
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Depends on a few things: was the trailer leased under a written lease? If so, your rights are embodied in that lease - it should tell you what you can and cannot do - it will also tell you if the lease was transferred with the property - maybe not - the tenant may be in violation of the lease If not, the tenant may not have the right to remain on the property because any agreement he may have had with the prior owner would be extinguished - who owns the trailer? - was it transferred in the sale? - if not, the owner may be trespassing on your property and you can move it after notice - ps a trailer is very unlikely to be realty - it is personal property and you may be able to remove it as abandoned property under the right circumstances - as is typically the case, need addl info to give a definitive answer - ps2 you may incur liability for the trailer while it is on your property - you need to address the matter asap - good luck Ed Joyal - The Joyal Law Firm
People frequently mistaken trailer for a chattel or as realty. I assume that the trailer is a residential mobile home? If so, it is not Chapter 92, or 93 of the Texas Property Code, but Chapter 94 of the Property Code applies. Not many people knows that this provision is even there.
You should tread cautiously, and consult an attorney familiar with this provisions.
I am aware of Chapter 94 because a family member of mine owns a mobile home park. There are very detailed notice requirements to owners and lienholder that can be rather complicated and requires rather a strict compliance, or you may face rather stiff penalties. This was designed to protect mobile home park dwellers from often harsh landlords.
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