Help with Mobile Home Community land rental

[Eekamouse]

What year is the house? How maintained has it been kept? Home recently painted? Full and clean landscaping? Everything on the space in compliance with park rules and regulations?

 

[Eekamouse]

Well, the message specifically talks about him having a hard time getting anyone to agree to the rent so he was definitely helping her sell it to stay there and the message goes on to say that its "better for the park" if someone took it out, but didn't say it *had* to be removed.
Its not old or in bad condition btw

You are not allowed to rent them out.

I don't think he wants to buy it, he likes to buy new ones he gets at rock bottom prices and then adds a deck and sells them at a huge profit.

Thank you for reading and helping on this BTW

Mobile home park owners like to have newer homes in their parks, and of course they want those homes that are aged taken out. The aged homes don't have a lot of curb appeal and make the park look a little ratty.

 

[quincy]

There are two types of property taxes paid in mobile home parks. There is the property tax on the actual home, which is not billed to the park owner it is billed to the home owner. Sometimes the park owner is the home owner too (rents out the home as well as the lot). Then there is the property tax on the land, which is billed to the park owner. While that is an expense that the park owner takes into consideration when setting his rents, it is not individual to each lot.

Here is a link to the law in Tennessee:

https://law.justia.com/codes/tennessee/2021/title-67/chapter-5/part-8/section-67-5-802/

 

[Litigator22]

Here is a link to the law in Tennessee:

https://law.justia.com/codes/tennessee/2021/title-67/chapter-5/part-8/section-67-5-802/

Unfortunately, and disappointedly so the above Tennessee Code citation is limited to the subject of treating movable structures that are attached to land (including those units contained within a trailer or mobile home park) as real property for purposes of tax assessments.

What is needed is some Tennessee authority addressing the issue of the ability of a mobile park landlord to arbitrarily deny the purchaser of an in-place unit the right to assume the underlying space lease when in good standing. My somewhat extended search has proven fruitless.

Another aspect in need of studying is if the right of assumption exists by mere implication (the landlord having contractually pre-consented to such any such good faith sale to an otherwise acceptable tenant). Noting that the tenant's right to sell - as stipulated in the lease - would be meaningless if the landlord reserved the ability to deny an assumption without just cause.

Any thoughts? Anyone?

 

[quincy]

Unfortunately, and disappointedly so the above Tennessee Code citation is limited to the subject of treating movable structures that are attached to land (including those units contained within a trailer or mobile home park) as real property for purposes of tax assessments.

What is needed is some Tennessee authority addressing the issue of the ability of a mobile park landlord to arbitrarily deny the purchaser of an in-place unit the right to assume the underlying space lease when in good standing. My somewhat extended search has proven fruitless.

Another aspect in need of studying is if the right of assumption exists by mere implication (the landlord having contractually pre-consented to such any such good faith sale to an otherwise acceptable tenant). Noting that the tenant's right to sell - as stipulated in the lease - would be meaningless if the landlord reserved the ability to deny an assumption without just cause.

Any thoughts? Anyone?

My thoughts are that a Tennessee lawyer well-versed in Tennessee manufactured home parks is needed.

I have some concern that the homeowners in the park are all elderly. Whether this factors in to the actions of the park owner is a question mark but it could be worth exploring.

 

[Litigator22]

My thoughts are that a Tennessee lawyer well-versed in Tennessee manufactured home parks is needed.

As the wretched Attorney General Harvey Korman in Mel Brook's "Blazing Saddles" remarked:

"Where am I going to find such a man . . . and why am I asking you?"

 

[quincy]

As the wretched Attorney General Harvey Korman in Mel Brook's "Blazing Saddles" remarked:

"Where am I going to find such a man . . . and why am I asking you?"

Because I am always ready with a link, perhaps?

Here is a link to filing a complaint with the consumer protection division of the Tennessee Attorney General’s Office:
https://www.tn.gov/content/tn/attorneygeneral/working-for-tennessee/consumer/file-a-complaint.html

The AG in Tennessee has investigated several mobile home park owners in the past. There could be some interest in checking out the actions of mom’s park owner (including the rent increases).