Magistrate Court case.

[karen hershman]

i recently was served papers for owing lot rent. I
do owe the money. the question is that my husband
was served seperately. He never was on the lease
and isn't even on the mobile home. Can she do that?
I also have a big problem with the landlord. because
I had a renter in there and she more less kicked them
out. then i have had 2 people interested in buying
the place but after they talked to her they said they
said they decided against it. I have signed everything
back to the bank. I don't know what to do. anyone help
would be appreciated. this is in west virginia.

 

[JenniferH]

With all due respect, you said you owed the money. No matter is you have a problem with the landlord, she had the right to kick them out. Now, what you should have done is to pay it off and you would have probably have had that sale.

Chalk it up to a lesson.

 

[JETX]

As a follow-up to the JenniferH response (I agree with)...

One of the great (?) things about this country is that anyone can sue anyone, whether they have a reason to or not.

For example, I could sue you for not using capital letters at the start of one of your sentences. The real question is whether I would win or not!! (BTW, I wouldn't in this example).

In England, every civil suit is brought before a 'pre-trial' court of three judges. They decide if the trial has sufficient merit to proceed to 'real' court (this is a lot like our criminal 'grand jury' system). If without merit, the judges can kill the case and assess the defense costs on the plaintiff!!!

So, yes the landlord can sue your husband and even your kids and dogs. The real question is would the case move forward.

In closing, though it was not clear in your message, it appears that you own a mobile home which is located on someone else's lot, and the 'lot' landlord is exercising his/her right of access. If this is the case, you need to either come to some type of mutual understanding with the landlord (unlikely), or move the trailer to a different location, or sell the trailer. Also, what does your lot lease say about the landlords 'right of approval' if you rent the trailer to someone else?? Does the 'lot lease' allow subletting??