Legal question

[SpinnerBait_Nut]

Ok, here's the deal.<br />2 months ago, I bought a used mobile home set up in a trailer park.<br />No lease, no papers were ever signed.<br />Pay lot rent at the first of the month.<br /><br />Today the guy calls me and tells me there is lot rent due.<br />I say yea, will be over in a bit to pay it.<br />He then let's me know that there is an outstanding amount that needs to be paid.<br />I tell him, no sir, I paid you last month and then he informs me that no, it's for past unpaid lot rent.<br /><br />What's up with that.<br />I did not own the trailer.<br />Is he full of it or what?<br /><br />He says if it is not paid in 10 days I will have to move the trailer.<br /><br />Ok, thoughts on this.

 

[NOSLEEP]

Re: Legal question

Sounds like extortion to me.<br />Don't know much about the legal ramifications.

 

[ob]

Re: Legal question

I think he's trying to pass the buck from the last guy that was obviously a deadbeat.You had no ties to the lot before 2 months ago when you purchased the trailer.If he pushes the issue ,your only recourse is getting your trailer off ,unless youn want to litigate the issue.Did you explain to him what you just did here?

 

[tommays]

Re: Legal question

There are a lot of trailer parks here and you are really at there mercy at least on LI<br /><br />My brother lives in one in Lewis Deleware there is allways fear of mass evction because its got so much value for a houseing builder.<br /><br />In general you dont seem to have the basic rights that someone renting an apartment would have!<br /><br />tommays <br /><br /><br />tommays

 

[SpinnerBait_Nut]

Re: Legal question

Originally posted by ob:<br /> I think he's trying to pass the buck from the last guy that was obviously a deadbeat.You had no ties to the lot before 2 months ago when you purchased the trailer.If he pushes the issue ,your only recourse is getting your trailer off ,unless youn want to litigate the issue.Did you explain to him what you just did here?

Yea ob, he knows it.<br />The previous owners took some of the money I paid them and went and paid on it, but I guess they did not pay all of it and now wants me to pay it.

 

[Haut Medoc]

Re: Legal question

It would depend what is state law of course....<br />I don't think that he can charge you back rent though, his rental agreement was with the previous owner... <br />However, now that you are now renting the land why don't you have your own rental agreement?<br />How much is the back rent?<br />It may be easier to just pay up....<br />Unless you want to move the trailer...<br />I'm pretty sure that without ant written agreement, he can tell you to 'hit the road'...<br />I would explain the situation to the owner of the property, & maybe he will be sympathetic.....<br />I think you will agree that it was you who was remiss in your obligation to notify the property owner of the change of ownership, & you should have negotiated a new, written rental agreement when it changed hands.....<br />If it were real estate, a title search would have been done.....<br />A lesson learned here, I guess...<br />Again, it depends on your particular states laws....<br />Good Luck!... ...JK

 

[Bondo]

Re: Legal question

I realize that a Trailer May, or May Not be considered Realstate, depending on the State you're in,...........<br /><br />But,....<br />In your Closing Papers,.. There Should be something that states,.. You're Not liable for Passed Liens, or Incumbences, from dates Prior to the Closing Date...........<br /><br />This may not be Your Answer,... But it Might be 1 more stick to Fight with.........

 

[SpinnerBait_Nut]

Re: Legal question

Bondo, trailers are registered as Mobile Homes and not realestate here in Ky.<br />You have a title and just sign it over like a car title.<br /><br />Yea Haut, I was thinking along the same lines, might be better to just pay the extra and not go through a lot of hassle and still might have to move the trailer.<br /><br />The wife is gone to talk to the lawyer and see what he says. I will go from there.<br />Thanks guys.

 

[ob]

Re: Legal question

Always best to solve the situation man to man and fair is fair.But if this guy is stubborn and won't reason you'll have to weigh the amount he's asking against your willingness to relocate the trailer or other decision.I mean if the guy has any business since at all ,he knows you don't owe him squat.However ,if he's a grubber and takes you for a mullet ,then you'll just have to show him you're not.<br /><br />What does this guy feel you owe hime if you don't mind my asking?

 

[Braxton]

Re: Legal question

mabe cheaper to pay up than move it. if you stay you must get a writen agreement its very important. i don't know the law but i see on judge mathis if its not in writing he can charge you anything he wants. good luck and keep us posted.

 

[SpinnerBait_Nut]

Re: Legal question

ob, he says the regular rent of $170 that I owe him for this month plus another $369 for the past rent.<br />He says that the past due rent has accured a $3 a day fee since the last time they payed or owed him.<br /><br />Yea Braxton, that I will do if I keep it there.

 

[ob]

Re: Legal question

Well ,you hate to have to put yourself through a bunch of legal and conflictive crap over such an amount.I guess he doesn't feel the same way.I'm not much of a personal adviser on things like this ,but I was always taught to never let a guy screw you if you were in the right.Too bad this guy wants to play Mr. Haney.Do what you feel is best for you and your family,is the best advice I can give.

 

[JRJ]

Re: Legal question

Sometimes a deal is too good for a reason. No paper? I would think the park guy could evict the trailer for non-pay. It boils down to what you think the value is of what you bought vs what you feel it is really worth and how much the park guy wants. Will you still be ahead but a little less?

 

[Haut Medoc]

Re: Legal question

I would ask him to waive the late fees & pay what is actually owed....<br />That's gotta be easier than moving it & finding a new site....JK

 

[QC]

Re: Legal question

I'd ask for a split. "Hey, I understand your position, Mr. Haney, but you should consider mine as well."

 

[JB]

Re: Legal question

Could be that you "assumed" the lease when you bought the manufactured home (trailers still have wheels on them and go on vacation), including any liabilities.<br /><br />Could also be that the landlord is trying to get from you what the previous owner didn't pay.<br /><br />You probably need a lawyer. <br /><br />Here's what I would do: Sit down with him, talk small talk for a while (that is a cultural necessity in KY, as you know) then I'd tell him I have been ripped off and he has been ripped off. Then I would ask him what we can do to balance it. What would it take to split the rip-off down the middle?<br /><br />My guess is that he would settle for half of the delinquent rent and call it square.

 

[SpinnerBait_Nut]

Re: Legal question

He says that all liabilities goes with trailer and that he would knock off some of the late fee.<br /><br />JB, you can't talk to him without him cussing going on.

 

[Ron G]

Re: Legal question

If he's already like this now,do you really want to be on his property?I would find me another place and tell him to kiss my arse.

 

[SpinnerBait_Nut]

Re: Legal question

Ron, I will start looking shortly.<br />I may just buy a piece of property to put it on.<br />My daughter lives in it now and a baby due in June and I have that to think about also.

 

[oddjob]

Re: Legal question

Originally posted by SBN:<br /> Ron, I will start looking shortly.<br />I may just buy a piece of property to put it on.<br />My daughter lives in it now and a baby due in June and I have that to think about also.

Thats what I would do if I were you. Your occupants will enjoy the situation more as well. And land is like money in the bank.