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  1. #1
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    Mar 2007
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    Default Condemnation Inspection

    Hi folks,


    So, I received a phone call from a property owner who has a manufactured/mobile home rental on a private lot. Actually, that's unimportant. Apparently, she inherited the property and the MH is in poor condition with electrical problems at the forefront. The apparent issue is the tenants are uncooperative and she wants them out and wants to use the inspection to prove the property is uninhabitable.


    So, I will probably pass on this one, but I was hoping to give her some direction. My first thought is to get the AHJ involved. Does anyone have any experience in this and/or any other suggestions?


    Thanks

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  2. #2
    Join Date
    Mar 2007
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    Columbus GA
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    Default Re: Condemnation Inspection

    Are the occupants under a lease or month to month.
    If month to month;
    The property owner should give occupants "Notice to vacate".
    In many areas this must be at least 60 days. The property owner can check the required days for your area.
    If the occupants have not vacated to property on time, start eviction process.
    There is no requirement to have a reason to request someone to vacate.
    Another option is "Cash for Keys"
    Simply put, you pay the occupant to leave.

    ' correct a wise man and you gain a friend... correct a fool and he'll bloody your nose'.

  3. #3
    Join Date
    Dec 2008
    Location
    Maryland
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    Default Re: Condemnation Inspection

    Being that it in the Left Coast Kumbaya state, there may be a a hassle in giving notice and actually getting them out of the property. Different jurisdictions have their own set of rules dealing with landlord/tenant laws. By example in Baltimore City,MD it could take 6 months to get the tenant out of the property and that is 6+ months with no rent paid.

    The owner needs to get somebody familiar with the local rental laws for guidance. Having you inspect and condemn the electric or anything else may open a can of worms for the owner especially in CA.


  4. #4
    Join Date
    Mar 2007
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    Ormond Beach, Florida
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    Default Re: Condemnation Inspection

    If the owner calls code enforcement, she may end up having to fix things, unless it is beyond that stage, in which case it could be condemned and the tenants could be forced to leave immediately - for their safety.

    I would not get involved, but may offer her the above advice and this: Be careful what you wish for ... you may get your wish, just not in the way you thought.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  5. #5

    Default Re: Condemnation Inspection

    Quote Originally Posted by Gunnar Alquist View Post
    Hi folks,


    So, I received a phone call from a property owner who has a manufactured/mobile home rental on a private lot. Actually, that's unimportant. Apparently, she inherited the property and the MH is in poor condition with electrical problems at the forefront. The apparent issue is the tenants are uncooperative and she wants them out and wants to use the inspection to prove the property is uninhabitable.


    So, I will probably pass on this one, but I was hoping to give her some direction. My first thought is to get the AHJ involved. Does anyone have any experience in this and/or any other suggestions?


    Thanks
    Her process will require an attorney and the Sherriff or Police after proper notice.

    Any inspection may result in just the opposite of what she wants, like Jerry said. She could be forced to repair everything and even have charges against herself for renting an unsafe structure. (Slum Lord)

    She needs an Attorney, not an Inspector.

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  6. #6

    Default Re: Condemnation Inspection

    Quote Originally Posted by Kevin Wood View Post
    Jeff you might be interested in how ESA deals with the Electrical issues.
    Electrical Code Discussion on Facebook has things in there that will blow your mind.
    I will check it out. Thank you Kevin!

    PROFESSIONAL CONSULTING AND INSPECTION COMPANY INCLUDING FORENSIC INVESTIGATIONS

    http://jeffghooper.com/

  7. #7
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    Maryland
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    Default Re: Condemnation Inspection

    Unless the Tenants have caused that the property is uninhabitable by their actions an inspection is a bad direction to go. Personally I will say that I would not get involved. Also, finding fault in the property to remove tenants is a bad idea. Unless an inspection it is being orchestrated by an attorney. Even then, unless I knew the attorney , I would not get involved.

    I was a little curious about CA tenancy law. Surprisingly it is not lop sided in favor of the tenant.
    The process of termination of a lease and the subsequent removal of a tenant that is Holding Over is not as fast as in some locals. It does seem that to remove a tenant Holding Over (will not leave after tenancy expiration) will still take 60 + days to run the course to obtain control of the property. Then add on to the aggravation if the tenants property has to be stored by Landlord and recouping those expenses. I did not find a method that expedites the hold over process. May be there, didnít see it. Being a Landlord can be so much fun... Some think that it is so easy and profitable. As a landlord you effectively loan someone $200,000 with only $1,000 at risk by the borrower. Then you fight to get the loan payments and hope that your get your asset back not trashed. Some of the best looking tenants are the hardest on the property, what you see is not what you get.



    For the curious:

    California Tenants . A Guide to Residential Tenantsí and Landlordsí Rights and Responsibilities:
    http://www.dca.ca.gov/publications/l...k/catenant.pdf

    pg.66
    if you donít move in time, and if the landlord refuses to accept rent after the lease expires, the landlord can file an eviction lawsuit immediately without giving you any notice (see page 67Ė71). (this may not be true if you live in a rent control jurisdiction.)274


    When can a landlord terminate tenancy? A landlord can terminate (end) a month-to-month tenancy by properly giving the tenant 30 daysí or 60 daysí advance written notice. (For an explanation of month-to-month tenancies, see page 15; for an explanation of 30-day and 60-day notices, see pages 49Ė52 and 67Ė71.)

    Pg 67
    Three day notice of termination of tenancy.

    Pg68
    if you have havenít moved at the end of the 30th or 60th day, you will be unlawfully occupying the rental unit, and the landlord can file an unlawful detainer (eviction) lawsuit to evict you.

    Pg72
    The Evection process.

    Pg 77
    Before evicting you, the sheriff will serve you with a copy of the writ of possession.324 The writ of possession instructs you that you must move out by the end of the fifth day after the writ is served on you, and that if you do not move out, the sheriff will remove you from the rental unit and place the landlord in possession of it. 325

    After you are served with the writ of possession, you have five days to move. If you have not moved by the end of the fifth day, the sheriff will return and physically remove you.326 If your belongings are still in the rental unit, the sheriff may either remove them or have them stored by the landlord, who can charge you reasonable storage fees.


  8. #8
    Join Date
    Mar 2007
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    Santa Rosa, CA
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    Default Re: Condemnation Inspection

    Hi folks,

    Like I said, I will pass on this one. But hopefully, I have given her some direction. I really just want to inspect homes. Not get involved in divorces, evictions, etc.

    Department of Redundancy Department
    http://www.FullCircleInspect.com/

  9. #9
    Join Date
    Mar 2007
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    Santa Rosa, CA
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    Default Re: Condemnation Inspection

    Hi folks,

    Like I said, I will pass on this one. But hopefully, I have given her some direction. I really just want to inspect homes. Not get involved in divorces, evictions, etc.

    Department of Redundancy Department
    http://www.FullCircleInspect.com/

  10. #10
    Join Date
    Feb 2008
    Location
    Caledon, Ontario
    Posts
    5,005

    Default Re: Condemnation Inspection

    Quote Originally Posted by Kevin Wood View Post
    Jeff you might be interested in how ESA deals with the Electrical issues.
    Electrical Code Discussion on Facebook has things in there that will blow your mind.
    A couple of months ago I had the pleasure to report to ESA an illegal non permitted basement apartment. As a matter of fact I also reported it to the by-law department and fire department.

    Everybody loves Raymond.



    Ha ha..


  11. #11
    Join Date
    Nov 2009
    Location
    Dallas, TX
    Posts
    89

    Default Re: Condemnation Inspection

    Here's some interesting info from the IRC "Building Code Basics":

    "Manufactured Homes: For purposes of the IRC, a manufactured home is considered the same as a mobile home, though the preferred term since 1974 federal legislation is manufactured home. HUD regulates the construction of manufactured homes, which are built in a manufacturing plant as to comply with the "Manufactured Home Construction and Safety Standards (HUD code).

    Manufactured homes are built on a permanent chassis and are designed to be used as a dwelling with or without a permanent foundation. This design assures transportability for relocation and differentiates manufactured homes from modular homes and other factory-built, panelized, or component structures.

    Local jurisdictions have no authority to regulate the design or construction of a HUD-regulated manufactured home....any modifications or addition must be in compliance with HUD regulations and cannot proceed if otherwise prohibited. Attachment of an accessory building, such as a garage, is generally prohibited unless the design is substantiated through engineering calculations. Factory-built structures that do not fall under the HUD rules are regulated by local jurisdictions like any other building, or in some cases are regulated by a state agency."


  12. #12

    Default Re: Condemnation Inspection

    Quote Originally Posted by Frank Adame View Post
    Here's some interesting info from the IRC "Building Code Basics":

    "Manufactured Homes: For purposes of the IRC, a manufactured home is considered the same as a mobile home, though the preferred term since 1974 federal legislation is manufactured home. HUD regulates the construction of manufactured homes, which are built in a manufacturing plant as to comply with the "Manufactured Home Construction and Safety Standards (HUD code).

    Manufactured homes are built on a permanent chassis and are designed to be used as a dwelling with or without a permanent foundation. This design assures transportability for relocation and differentiates manufactured homes from modular homes and other factory-built, panelized, or component structures.

    Local jurisdictions have no authority to regulate the design or construction of a HUD-regulated manufactured home....any modifications or addition must be in compliance with HUD regulations and cannot proceed if otherwise prohibited. Attachment of an accessory building, such as a garage, is generally prohibited unless the design is substantiated through engineering calculations. Factory-built structures that do not fall under the HUD rules are regulated by local jurisdictions like any other building, or in some cases are regulated by a state agency."
    Absolutely. None of the inspectors in my area will touch them. They also have to meet DOT specs. They are exempt for the typical building codes. If you are using your HI Standards to inspect them, you are simply doing them wrong.

    PROFESSIONAL CONSULTING AND INSPECTION COMPANY INCLUDING FORENSIC INVESTIGATIONS

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  13. #13
    Join Date
    Mar 2007
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    Ormond Beach, Florida
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    Default Re: Condemnation Inspection

    The manufactured home itself is exempt from the building code, however, a permanent foundation (if one is installed) is not exempt from the building code, neither are the utility connections (water, sewer, and electric) exempt from the building/NEC codes. Additionally, any mechanical system components installed on-site (duct work, condenser unit, etc.) are not exempt from the building code.

    Just the "manufactured" home itself.

    The tie-down of a manufactured home (when not on a permanent foundation, and most are "tied-down") is done in accordance with the engineering included with the installation instructions provided by the manufacturer.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

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