tenant liability

[mmurphy187]

We own a Park Model Trailer but rent the land it is on. We have lived in this mobile home for 4 years for a period of 7 months a year. There is a large pine tree in front of our lanai. The roots of the tree are lifting our home up from the ground. The sliding doors will not close properly. The cement sidewalk is lifting up also. The manager agrees there is a problem and will remove the tree but wants us to pay half the expense of removing this tree. He will get someone who works for the company to get an estimate. He also said we can then lower the mobile home by going underneath and fixing ourselves. No mention was made of the repair to the cement which will be torn up when the tree is removed nor if we will get termites once the tree is cut down. He wants to wait until the estimate is in but still insist we are responsible for half the bill. What can we do? Do we wait for the estimate? Are we responsible sine the tree is not ours? The Park does all the maintenance of grass etc.

 

[HomeGuru]

What does the lease document state? In my opinion, you should not have to pay anything.

 

[mmurphy187]

property damage

I would have to check further. This is a large PARK WITH over 400 mobile homes. We usually receive a notice of rent due once a year. We do not sign any new lease each year. But I will have to check further. We do have new managers and the Park was taken over by a large corporation 2 years ago. They keep saying they will make new rules and give them out but have done nothing yet.

 

[HomeGuru]

Yes, look at the old rules as they still apply.

 

[mmurphy187]

I have checked our rules book and can not find much information. This is all I have. Maintenance requests - a work order must be make at the office. Digging is strickly prohibited without management approval. Alterations- in or upon homes or premises must be first approved by management. This includes additions, screen rooms, sheds, air conditioners, installation or removal of trees, concrete etc.
They said the tree was there when you bought the unit. They also repeated we should pay half the cost of removing the tree. All other damages are our responsibility. They said if they cut down the tree it will stop further damage.

 

[HomeGuru]

I think you are dealing with idiots.

 

[mmurphy187]

we talked to them today . They gave us the estimate only after we asked and still say we should pay half. They never mention the repairs to the trailer the tree has already done. We also said the other tree will also cause damage. There reply was oh we can't take it down until it does some damage or is dead. We said we will talk to our insurance company. What would you suggest?

 

[Wgoodrich]

You describe this home to be mobile. I suggest that you locate an alternative location for your home. The I suggest that you notify the park of intent to move due to their lack of maintainance. I have a sneeking suspision that if they see your intent to move, they may jump of their high horse. Renters that actually have a track record of paying their lot rent is a rarity you don't want to lose as a park owner. This may make them jump.

I doubt is your home is damaged if it is truly a mobile unit. Once you correct the foundation area being raised the structure should settle back to straight and your doors should again operate normally.

You are mobile, let them know this, just be sure to have an alternative location to go in case they call your bluff.

Good Luck

Wg

 

[TimC]

Is there another lot in the same park that you can move to? That would save both you and the management from removing the tree. That way it does not matter who is "right" because you wind up with an amicable solution to everyone and save the tree at the same time.

Of course, the cost of moving a trailer might be right up there with the cost of removing the tree!

 

[mmurphy187]

I am sorry to mislead you. Our trailer is a park model. Not an RV. To move it would cost thousands. We are stationary with a concrete porch base with enclosed lanai.

 

[mmurphy187]

They do not want to correct the structure area that is our problem. All they want to do is cut down the tree and leave the stump there. The tree man said he could not use his shredder because of the cement and light next to the tree. They suggested we treat the tree occasionally for termites. The cost of the tree removal is minimual. Its the concrete and our roof is buckling. The trailer will not settle unless the roots are taken out. They are refusing to do this.

 

[HomeGuru]

Then the next step is to hire an attorney to help you.