Eviction in Mobile Home park

[gizmo]

I was one month late on my lot rent in a mobile home park that I have lived in for 14.5 years. I was served with a court notice 2 weeks before Decemeber 10th, the court date was for dec 12th. On Decemeber 11th I told the manager I would bring the rent due Tuesday afternoon. When going by on Tuesday she refused the rent and said my mobile home had to be removed from the park in 2 weeks. I am currently not living in the mobile home since I am building a house, had already found a buyer for the mobile home who she refused to allow to fill out an application saying the skirting and steps needed to be replaced. I agreed to replace the steps and skirting Monday the 11th. Is it legal for her to do this when I have not disagreed to pay the rent to date and replace the skirting and steps? I was unfortunately unable to be in court yesterday because of my job. Do I have a certain amount of time I can go to the court and file something in response to my efforts to correct the problem and the landlord isn't willing to accept it? Also, she has been doing this to everyone in the park she can because they are wanting to sell their new mobile homes and replace the existing ones with theirs. Do I have any legal recourse at all?

 

[gizmo]

I forgot my state...

I live in Michigan

 

[HomeGuru]

Let me make one thing clear.
The notice that you got to appear in court was not an invitation or a request, it was a COMMAND.

 

[gizmo]

I thought if you could try and straighten it out, offered to pay what was due BEFORE the court date that was preferable as well as me having tried. The big issue is we offered her the due rent and agreed to her terms before the court date and she also refused the rent.

 

[HomeGuru]

I thought if you could try and straighten it out, offered to pay what was due BEFORE the court date that was preferable as well as me having tried. The big issue is we offered her the due rent and agreed to her terms before the court date and she also refused the rent.

HomeGuru response:

Does the Court know what you have tried to do to resolve this matter?
And why not?

 

[s_hill1]

The BIGGER issue here is that you've left yourself wide open like a sitting duck. Assuming you can pay rent whenever you get around to it is one thing. Assuming you can traipsie into court and have you day whenever you get around to it, however, is quite another - just a little worse than shooting yourself in the foot.

However, I'm wondering if you have issue with her refusal to accept application from your potential buyer. The condition of the home, in terms of buying and selling, have nothing to do with her two-cents. And if it was truly a critical issue, then where was her notice to repair beforehand?

It also seems an issue that can go easily hand-in-hand with the transaction to buy and sell. One or the other of you would have to be in agreement to satisfy her demands for repair within the specified time - which in California, is two weeks and has to be in writing.

Regardless of your potential sitting-duck stance on issues of your eviction, your rights to show and sell you home should still stand. You may want to check out her refusal to provide your home buyer prospect with an application for residency or, for that matter, your prospect may want to him/herself. Could there be issues of discrimination beneath the lame excuse, re: repair?

But get yourself in to see an attorney or at least a paralegal, and throw yourself before the court and pray like heck for mercy. You may be able to get a stay of execution (of the judgement, not you! They can't do THAT - yet....). It'll come with a hefty sum you'll have to deposit with the court, in payment of all the rent involved for the duration of time extended on your stay.

In reference to your landlord's upgrade efforts, California allows that sort of thing with mobile home replacement, and landlords may actually request it when a home reaches an age of some specified years. Check out your state and locale mandates if it becomes an issue.

Keep in mind, also, if state inspectors happen to venture through, they may be able to cite the owner if too many homes are in violation (missing skirting, steps not up to code, that sort of thing), and with what you described, you'd be hearing from them, too.

But get going and prepare yourself for some serious kissing-up, 'cause you're gonna have the Court's robe in a major wad over this. - ouch! - bad move, slapping the court's face - you might wanna make a special little note to not do that again, in the future.

 

[RICHTOWN]

I know how you feel. Sounds like the same park I was in. Where is the park, ie. park name and city? If it is anything like where I was it does not matter if you have a buyer or the money or do the repairs. If they want you out they are going to get you out even if it means lying in court to a judge. Which in my case, it appears they also had the judge in their pockets.
I hope you have better luck than I had. I am about to lose my mobile home which I am still paying on and they have never notified the legal owner nor all the registered owners of any problems or anything. My mom is co-owner with me but I was the only one living in the trailer. She never received any late notices for the rent or any court notices or anything.
When I first got behind on my rent, due to premature birth of my son, I contacted the then managers and worked out an agreement for paying any arrearages when I went back to work. I had done several letters to mgmt to keep them abreast of my employment and money status. They and the then asst mgr were very understanding and repeated told me not to worry. Then the mgr left and subsequestly the asst mgr. Any notes or reference to my agreement were removed and destroyed by the new mgrs.
I had stmt from asst mgr when I went to court re the agreement also stmt from office worker who saw the notes destroyed plus the back rent money and was told none of it mattered I had to leave.
These owners don't care about anyone or anything but their money. I am a single mother with a new baby no where else to go and they would allow me time to move my trailer or even try to find somewhere else to stay.
Good Luck let me know if you have any success. I know I could sure use some.

 

[gizmo]

It actually go backs to around July, We sold the mobile home, but when they came to fill out the application she refused to let them even fill it out. The reason she used was the skirting and steps. We agreed to replace the skirting and steps etc. Then she says she had filed us in court for the months rent we had to use to put our stuff into storage because the buyer said they would be by before the first with the payment and I could sign over the title. They didn't show up until the middle of the month. She claimed we moved out in the middle of the night but the moving van was there at 9am and left at 12:00 pm, broad daylight. I did contact the court and explained but the judgement is for possession. We have one week. I don't know if there are any charities I can donate the mobile home too or not but would rather donate to charity rather than have her trash it.

 

[gizmo]

TO RICHTOWN

I just reread your post. I don't know where you are at, probably Virginia? If in Michigan the cost of moving my trailer is 1,900 + 210 if you buy 6 wheels to move it. If you can afford the transportation costs it's YOURS! Email me at [email protected]. I would rather see it go to help someone like you who has been through a similar situation and could use a little assistance at this particular time in your life. Please! if you can afford to move and set up the mobil home, you and your child can have it if you loose yours. Our deadline to move the mobile home though is this Friday, 22nd.