Death In MH Fire
Just yesterday a MH in a MHP here burned up and a youngster died.
Back door was locked with padlock and rescuers couldn't get to him.
Points up importance of buying MH in your corp or Trust name, having insurance protecting YOU from day 1.
These tinboxes are firetraps and after the normal MH fire, all that's left is ashes and plumbing fixtures.
Next one I sell, I'm going to give the buyer a little disclaimer letter warning about stand alone space heaters, making sure both doors are openable from inside, importance of having a fire extinguisher, etc.
What a tragedy for the family of the child.
, and____________________________
, and is effective this ______day of _______________, of the year _________.
in the Lucky Mobile Home Park, in Howell (county), Missouri, for the following home (model and year) _______________________________________ Located at (lot number) ___________.
I have used the following for years to protect my self from issues such as this. Take note of section 6 subsection h.
Lucky Mobile Home Park
Mobile Home and Lot Lease
Developed by the J.Michael Investments
This lease is entered into between __________________________________
(hereinafter referred to as "Resident"
(hereinafter referred to as "Park Owner"
In consideration of Resident's payment of rent and agreement to and compliance with the other provisions set forth in this Lease, Park Owner hereby leases to Resident, The Home and Lot and Mobile Home located at (lot number) _____ (hereinafter referred to as "The Home and Lot"
This lease permits occupancy only by the Resident and the following additional persons:
_____________________ _______________________
_____________________ _______________________
_____________________ _______________________
Additional occupants, including boarders, may reside in the mobile home with the written consent of the Park Owner, which consent shall not be unreasonably withheld. Guests shall be permitted, provided that the Resident notifies the Park Owner in writing of the names and lengths of visits of any guests staying longer than thirty days. In no event are guests permitted to stay more than six months each year.
1. MOBILE HOME, LOT RENT AND OTHER CHARGES
a. Resident shall pay Park Owner Mobile Home and Lot rent in the amount of ______________________Dollars ($_______) per month, beginning on ______________, 2____. Unless other arrangements have been made in advance in writing, rent is due and payable without notice on the first day of each month, and must be paid no later than the fifth of each month.
b. Mobile Home and Lot rent payments are to be made payable to J.Michael Investments and must be made payable in person to park manager located at Lucky Mobile Home Park, space 118.
c. Additional charges may be levied only as specified and provided for elsewhere in this lease, or in the Park Rules and Regulations. Except for emergency situations, Resident shall be given thirty (30) days written notice of Park Owner's intent to perform services for which an additional charge will be made. Additional charges are due in full no later than thirty (30) days from the Resident's receipt of a written invoice from the Park Owner.
d. Except as otherwise provided by law, the rental amount shall remain in effect for a period of not less than one year from the rental effective date.
A security deposit of one month's lot rent in the amount of _________________ Dollars ($______) shall be paid by Resident at the beginning of this Lease Agreement. Park Owner shall refund the full security deposit within 30 days after Resident Tenant vacates The Home and Lot.
Park Owner may retain all or a portion of the security deposit only for the following reasons (which must be provided to Resident in written form itemizing any such deductions): 1) non-payment of rent; 2) damage to The Home and Lot, unless it is the result of normal wear and tear; 3) non-payment of utility or other charges that are normally paid to the park owner; and/or 4) expenses for removal from The Home and Lot of any property abandoned by Resident.
2. SUBLETTING
Resident shall not sublet the mobile home without the written consent of the Park Owner, which consent shall not be unreasonably withheld. Park Owner shall respond in writing within 30 days to a written request to sublet, stating the prospective sublessee's name and current address.
3. NONDISCRIMINATION
The Park Owner or Agent shall not discriminate against any Resident or Prospective Resident on the basis of a person's race, sex, sexual orientation, age, marital status, religion, color, national origin, disability, or because a person intends to occupy with minor children, or is a recipient of public assistance.
4. USE OF HOME
The mobile home shall be primarily used for private residential purposes. However, the Resident may use a minor portion of the home for an occupation which is customary in residential areas, which use is clearly secondary to the use of the home for living purposes, and which does not change the character thereof or affect the operation of the park for health, safety or aesthetic reasons. The use must be in compliance with law, including all appropriate ordinances, rules and regulations of any appropriate governmental authority.
5. INSTALLATION AND MAINTENANCE OF HOME AND LOT
a. All homes must be skirted with a skirting material of vinyl, plywood, or of comparable quality and appearance. The skirting must be kept in good repair and painted as necessary.
b. The Resident shall keep the premises neat, clean, in good repair, and use them in such a manner as not to be detrimental to any other resident or to the operation of the park for health, safety or aesthetic reasons. Resident must keep The Home and Lot clean, lawns cut, and high grass trimmed around the home.
c. Plumbing must be kept in good repair and plumbing leaks must be repaired immediately. All exposed water lines must be properly insulated and/or have operative heat tapes to prevent freezing from ground exit forward.
d. With prior written approval of the Park Owner, which shall not be unreasonably withheld, awnings, screen rooms, added rooms, or sheds may be placed on the Resident's lot. Any such improvement or additions must be in compliance with the local zoning, building and related ordinances.
d. Except in connection with flower or vegetable gardens, Resident shall not dig on Lot without the prior written consent of the Park Owner or verification by authorities of the location of underground infrastructure systems (electrical, sewer, water, telephone, cable). Any damage done to an underground utility by the Resident shall be repaired at the Resident's expense.
6. RESPONSIBILITIES OF THE RESIDENT
a. The Resident is required to respect the privacy and lot lines of other resident's lots. Resident and resident's household members and guests shall not conduct themselves in a way that unreasonably disturbs other residents, and shall refrain from illegal activities. Resident shall be responsible for the activities and behavior of persons residing with resident and guests of resident.
b. Resident shall not use or occupy his/her mobile home in such a way as to cause any lot to fail to comply with the terms of this Lease Agreement or State or local laws and ordinances. The Resident, members of the household, guests and invitees shall not deliberately or negligently destroy, deface, damage, alter or remove any fixture, mechanical or utility system, or furnishing.
c. The Resident shall be responsible for the expense of maintaining the plumbing, electrical, and other utility service within the home, and from the point at which the service surfaces under the mobile home or connects to the mobile home from a service point.
d. Resident shall maintain his/her unit free from rats and reasonably free from insects, vermin and other pests to the extent that failure to maintain may affect the fitness for human habitation of any lot or home.
e. The Resident is responsible for the maintenance of The Home and Lot, including but not limited to the maintenance of the lawn and driveway, including snow removal from driveway and parking areas.
f. The Resident is responsible for any damage caused by failing to control water leaks within the mobile home or disposing of items that are not soluble into the sewage system that may cause blockages, surfacing or backup.
g. Household waste that is placed outside the mobile home shall be stored in watertight receptacles of metal or other durable materials with tight fitting covers.
h. Resident will not use any heating devise that has not been permitanly
installed by the manufacture, unless approved in writing by a licensed electrocution and must be delivered and approved by park owner before use.
h. Upon the termination of the lease, the Resident will leave said premises in as good a state of condition as they were at the beginning of the lease, reasonable use and wear thereof and damage by the elements excepted.
7. RESPONSIBILITIES OF THE PARK OWNER
a. The Park Owner will provide Resident with adequate and safe electrical service. Park Owner is responsible for maintenance of the electrical service to the point at which it surfaces the mobile home.
b. The Park Owner will provide the Resident with potable water at an adequate pressure to meet his/her standard everyday needs and to prevent a health hazard from back siphonage. The Park Owner is responsible for the maintenance of water lines to the point at which the lines surface from the ground under the mobile home.
c. The Park Owner shall provide adequate wastewater disposal that is properly connected to a public sewage system or properly operating subsurface disposal system. The Park Owner is responsible for ensuring that the sewage disposal system is serviced adequately to prevent surfacing or back-up. The Park Owner is responsible for maintaining the sewage disposal system to the point where it surfaces from the ground to service the mobile home.
d. The Park Owner shall provide rubbish removal services of frequency and or capacity to keep collection areas free from rats, and reasonably free from insects, vermin, and other pests to the extent that failure to maintain may affect the fitness for human habitation of any lot or home.
e. The Park Owner shall maintain the common area structures, trash areas, and abandoned mobile homes free from rats and reasonably free from all insects, vermin and other pests.
f. The Park Owner will ensure that the common areas are maintained in a manner which ensures that the Resident can utilize them for the purposes envisioned without adversely affecting their health or safety.
g. The Park Owner will maintain the park roads on a year-round basis in a fashion that ensures the safe use of, and fitness for, the purposes for which they were intended, without unreasonable interruption. The Park Owner shall remove ice and snow in a timely manner in a fashion which reasonably ensures the safety of the Resident.
8. ACCESS
a. The Park Owner may enter the mobile home and lot with the Resident's consent, which shall not be unreasonably withheld, under the following conditions: 1) between the hours of 7:00 AM and 7:00 PM on no less than 12-hours' notice:
i. when necessary to inspect The Home and Lot;
ii. to make necessary or agreed repairs, alterations or improvements;
iii. to supply agreed upon services; or
iv. to exhibit The Home and Lot to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
b. The Park Owner may enter the rented lot and home without notice or permission, if, in the course of performing repairs the Owner discovers that it is necessary to enter The Home and Lot to complete the repairs, provided that the Park Owner could not have reasonably foreseen the need to enter The Home and Lot at the time the repairs began. However, the Park Owner must first attempt to reach the Resident by telephone or in person at the mobile home before entering The Home and Lot.
c. Only if the Park Owner reasonably believes that there is a likelihood of imminent injury to any person, damage to property or interruption of utility services, may the Park Owner enter the mobile home or the mobile home lot without notice to, or permission from, the Resident.
10. SALE OF HOMES LOCATED IN PARKS
Prior to selling a home in the park, the Resident shall notify the Park Owner by certified or registered mail of the name and address of the prospective purchaser. The Park Owner, if the purchaser and his/her household do not qualify under the lease terms for the park, will have 15 days to indicate so in writing to the Resident. The notification must list the specific lease terms under which the purchaser does not qualify.
11. MODIFICATIONS OF THIS LEASE
A copy of any new lease terms or rules and regulations superseding or supplementing the terms stated herein, will be furnished to the Resident at least thirty (30) days prior to the effective date of any amendment, addition, or deletion of the existing lease terms or rules and regulations. If the proposed change involves an increase in rent or utility charges, notice must be given 60 days prior to the increase.
12. TERMINATION OF THIS LEASE BY THE RESIDENT
The Resident may terminate this Lease by giving the Park Owner at least thirty (30) days notice in writing stating the Resident's intention to terminate the Lease and vacate the premises.
13. TERMINATION OF THIS LEASE BY THE PARK OWNER
The Park Owner may terminate this Lease for nonpayment of rent, for a substantial violation of the Lease terms or rules and regulations promulgated thereunder, or if there is a change in the use of the park land or parts thereof or a termination of the mobile home park.
The Park Owner must provide the Resident with written notice of the reason for an intended eviction. The notice must be by registered or certified mail. If back rent is owed, the notice must also state that the Resident has 20 days to pay back rent due.
The Park Owner shall go through the court process to evict a Resident. The Park Owner may not move a Resident's mobile home without Resident's permission or a written court order. Park Owner also may not interrupt utility services in any way to try to force a Resident to leave the park.
In the event of a change in use or closing of all or part or the park, the Park Owner shall notify the Resident and the Commissioner of Housing by certified mail at least twelve (12) months prior to any such change or closing.
14. ABANDONMENT
a. A mobile home will be considered abandoned if all of the following conditions exist:
1) A reasonable person would believe that the mobile home is not occupied as a residence;
2) The rent for The Home and Lot is at least 30 days delinquent; and
3) The Park Owner has attempted to contact the Resident at the Resident's home, last known place of employment and last known mailing address without success.
b. Abandonment of the mobile home is a substantial violation of the Lease terms and may result in immediate eviction proceedings.
c. The Park Owner may sell the abandoned mobile home in accordance with applicable State laws.
15. FURTHER CONDITIONS AND AGREEMENTS
a. This Lease contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions and neither party has relied upon any representation, express or implied, not contained in this Lease. This Lease cannot be changed or supplemented orally. In the event that more than one person shall be or become Resident hereunder, then the obligations of Resident hereunder, shall be deemed to be the joint and several obligation of each such person.
b. Resident acknowledges receipt of the Park Rules and Regulations, attached to this Lease as Exhibit A, and agrees to abide by them as conditions of this lease.
16. PARK RULES
The Park Rules are attached hereto as Appendix A, and they, and any future amendments thereto, are expressly made a part of the Lease Agreement, and Resident agrees to abide by such Park Rules.
17. NOTICE
Any notice required to be given to any party hereto shall be sufficient if mailed and addressed as follows:
To Park Owner:
[addsig]
Great Lease, John Michael.
Would you mind posting it in the freebie section for easy access to all?
Thanks!
Quote:
On 2004-10-31 19:29, 64Ford wrote:
Great Lease, John Michael.
Would you mind posting it in the freebie section for easy access to all?
Thanks!
Sorry will be unable to do that as document is not online for download.
[addsig]
Interesting topic:
After being a fireman for over 17 years in Los Angeles, California, I have seen a lot of tragedy, not only in mobile homes.
Now that it is daylight savings, dont forget to do the following:
-Reset your clocks
-Check smoke detector batteries. Put one in each bedroom also. If you can hardwire them also, that is best.
-Practice "EDITH"- Exit Drills In The Home. - Do you and your family know how to escape in case there is a fire? Do you have a meeting place? Twice a year at the time change is a good time to practice this. Be sure to practice staying low and crawling out of your house or exit thru a window.
-Do you have a charged fire-extinguisher in your home that can extinguish a small incipient fire?
-Are you using any extension cords as permanent wiring? If so, use a power strip or contact an electrician to put in another outlet. A lot of fires are caused by extension cords.
-Do you have deadbolts that need a key to open from the inside? If so, replace.
-Where are you storing your flammable liquids? Is you water heater a minimum of 36" off of the ground?
-Do you know where the gas shut-off is and do you have a tool to shut it off in an emergency? Does your family know how to operate shut the gas off also?
-Has your fireplace been cleaned out lately? This is a common cause of fires due to the build-up of soot.
These are just some simple basic things we can all do to protect ourselves and family from a catastrophe. Take a look around your house and see what the status is of the items I mentioned above. When you are out at your rental properties, you can also do the same.
Be Safe!
Jeff Adam
[addsig]
John,
You might want to run that one thru a proofreader and also by an editor as there are tons of typos and errors in it.
Case in point, section 6, subsection h (the one you mentioned).
h. Resident will not use any heating devise that has not been permitanly
installed by the manufacture, unless approved in writing by a licensed electrocution and must be delivered and approved by park owner before use.
I particularly like the "licensed electrocution." So would that be State or Federal chair certified?
Roger
Sorry about that - I just did a scan conversion into text without checking and the scan sometimes does strange things.
But of course we have you LOL.
[addsig]
Sorry John,
Just couldn't resist.
Roger