Well... I just got evicted for using my front door!

[SEC1078]

Oh, in case it matters...
About 2 dozen of the RV units are permanent, in that they have Florida rooms built onto the RV with a permanent roof that covers both.
Also, everyone except for the motorized RVs have a 10 month lease that auto renews. The perm residents with leases pay half as much as the motorized RV units.

 

[PayrollHRGuy]

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0723/Sections/0723.003.html

Covers the definitions.

 

[FarmerJ]

I too would like to hear the outcome, (gnite)

 

[SEC1078]

I have not been served so I assume the landlord has not filed with the court clerk.
I had another tenant tell me that he heard the landlord was going to require me to move the mobile home at the end of the lease.
I called a moving service early on in my trouble and they said it would be 12K to take down and set up the mobile home on another lot so that's out of the question (that's about what I paid for it). Also; Okeechobee county no longer permits single wide mobile homes in the county so I can't even move it; unless I move outside the county.
I had also been told he has taken several homes by not approving new buyers after lease termination and then getting a landlord lien on the property.

They already denied my 1st cash buyer; said they couldn't run background checks on Mexican citizens.

I did find out that I'm not protected by the chapter 724 statutes because he does not have 10 or more mobile home lots and I am only protected by the FL landlord tenant statutes (Chapter 83) which offers much less protections.
I believe chapter 83 code enforcement is provided by the health department and they don't want to enforce any of the code except for sewage violations and the yearly park inspection. They said on the phone that he could not legally prevent egress to either the front or back door but they also refused to enforce.

I could file lawsuit, but that would just add to my cost.
My plan is to sell to someone in the park since they are already approved to live there and after I would file small claims for deprecated value.
If anyone has any advice I'd certainly appreciate it.

 

[Zigner]

My plan is to sell to someone in the park since they are already approved to live there and after I would file small claims for deprecated value.
If anyone has any advice I'd certainly appreciate it.

Depreciated value...and that's a non-starter.

 

[SEC1078]

My thinking was that because I was under threat of eviction to remove the 30' wheelchair ramp. And by doing so it reduce the value and pool of potential buyers. The ramp was $1200 in materials to build and took 16 hours to tear down. In the end it didn't matter because I still got the 30 day notice to leave because I placed stairs in place of the ramp.
Are you saying I can't file for deprecated value in small claims court or not at all?
I know you can for automobiles that were in accidents (the loss of resale value even after repairs)

 

[Zigner]

My thinking was that because I was under threat of eviction to remove the 30' wheelchair ramp. And by doing so it reduce the value and pool of potential buyers. The ramp was $1200 in materials to build and took 16 hours to tear down. In the end it didn't matter because I still got the 30 day notice to leave because I placed stairs in place of the ramp.
Are you saying I can't file for deprecated value in small claims court or not at all?
I know you can for automobiles that were in accidents (the loss of resale value even after repairs)

Being required to remove a structure that shouldn't have been there in the first place INCREASES the value

 

[quincy]

My thinking was that because I was under threat of eviction to remove the 30' wheelchair ramp. And by doing so it reduce the value and pool of potential buyers. The ramp was $1200 in materials to build and took 16 hours to tear down. In the end it didn't matter because I still got the 30 day notice to leave because I placed stairs in place of the ramp.
Are you saying I can't file for deprecated value in small claims court or not at all?
I know you can for automobiles that were in accidents (the loss of resale value even after repairs)

You mentioned earlier that you took into consideration the $1200 wheelchair ramp when you purchased the home.

What did you consider - lowering the price because of the unnecessary (for you) ramp or accepting the seller’s price that included the $1200 for the presence of the ramp?

Is your home wheelchair-accessible throughout?

Does your area have a large population of wheelchair users that makes the ramp an asset?

Whether a wheelchair ramp (or a swimming pool or central air conditioning or a basement, etc) adds value to a home or not largely depends on what the typical buyers in your area expect a house to have.

 

[SEC1078]

The ramp was installed by the previous owner about 4 months before we purchased and was concreted into the ground. It was a permanent structure and had approval by the park. "It was not an unapproved addition". The landlord decided it needed to go AFETER we moved in because his dogs barked when we came in the front door. It's also why he told us to stop using the front door and stay out of the front yard.
Yes, our offering price was adjusted up for the ramp like anyone else would do for a new deck on a house they might be considering.
The home also had a power chair and handrails in the shower so yes it did have other disability amenities.
The park is a 55+ park so it wouldn't be unreasonable to assume a buyer might be interested in the wheelchair ramp just for easier walking access and with so few alternatives locally and no other wheel chair accessible lots in the park; yes I am certain it affected the potential value and lessened the buyer pool.
The attorney we talked to said to get out as fast as possible because it would be costly to litigate and it is hard to prove retaliation. He was only positive we could prevail against the eviction and said the landlord would retaliate by not renewing the lease and anything else he could do to force us out.

 

[quincy]

The ramp was installed by the previous owner about 4 months before we purchased and was concreted into the ground. It was a permanent structure and had approval by the park. "It was not an unapproved addition". The landlord decided it needed to go AFETER we moved in because his dogs barked when we came in the front door. It's also why he told us to stop using the front door and stay out of the front yard.
Yes, our offering price was adjusted up for the ramp like anyone else would do for a new deck on a house they might be considering.
The home also had a power chair and handrails in the shower so yes it did have other disability amenities.
The park is a 55+ park so it wouldn't be unreasonable to assume a buyer might be interested in the wheelchair ramp just for easier walking access and with so few alternatives locally and no other wheel chair accessible lots in the park; yes I am certain it affected the potential value and lessened the buyer pool.
The attorney we talked to said to get out as fast as possible because it would be costly to litigate and it is hard to prove retaliation. He was only positive we could prevail against the eviction and said the landlord would retaliate by not renewing the lease and anything else he could do to force us out.

So ... you have had an unreasonable landlord from the start and you have the additional bad fortune of living next to him. That’s unfortunate.

Do you know why the previous owner decided to sell his home, after going to the expense of adding the wheelchair ramp?

Do you see the landlord as a potential buyer for your home?

 

[SEC1078]

The previous owner passed away; we purchased from his heir.
The landlord was negotiating a lower price for it when we purchased.

 

[quincy]

The previous owner passed away; we purchased from his heir.
The landlord was negotiating a lower price for it when we purchased.

You at least have a potential buyer - if you can get him to buy at a price that is reasonable. You also have an advantage in selling to him in that you won’t need to disclose to any other buyer who might ask, “what is the landlord like?”

 

[Zigner]

It sounds to me like you feel that you were under no legal obligation to remove the the ramp, but that you chose to remove it to avoid a conflict.

 

[SEC1078]

Yes, he said if you don't take down the ramp I will evict you, so I took down the ramp the following day.
The wife wanted to keep them because it was easier than stairs and it looked nice.
But he posted 30 day notice anyway because I placed stairs next to the deck. "This wasn't the deal!!!! only use the front door for emergencies."
Code enforcement doesn't care that he said not to use the door because I continued using it after the notice. I mean... I had no more reason to try and avoid conflict since it was escalated to "GTFO"

I'm not selling to the park owner unless I actually file suit for the entire cost and court requires him to purchase.
e.g. he can't reject an existing park tenant since they already have a background check, but if he refuses to sign a lease with them then I'll have no alternative other than lawsuit or surrender the place to him and I'll take a saws-all and cut it in half before I give it to him!

 

[quincy]

Yes, he said if you don't take down the ramp I will evict you, so I took down the ramp the following day.
The wife wanted to keep them because it was easier than stairs and it looked nice.
But he posted 30 day notice anyway because I placed stairs next to the deck. "This wasn't the deal!!!! only use the front door for emergencies."
Code enforcement doesn't care that he said not to use the door because I continued using it after the notice. I mean... I had no more reason to try and avoid conflict since it was escalated to "GTFO"

I'm not selling to the park owner unless I actually file suit for the entire cost and court requires him to purchase.
e.g. he can't reject an existing park tenant since they already have a background check, but if he refuses to sign a lease with them then I'll have no alternative other than lawsuit or surrender the place to him and I'll take a saws-all and cut it in half before I give it to him!

Why don’t you have the attorney you spoke to draft a letter to the landlord, stating that he is violating the law (citing whatever law or laws that may apply) and threatening to take him to court if he continues to harass you, or if he tries to evict you or prevent a sale of the home without legal basis?

I can see no legal basis for eviction.