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  1. #11
    Join Date
    Jan 2006
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    Default Re: Landlord Wants to Evict Owner of a Manufactured Home that Cannot be Moved

    you will not force the park owner to subdivide the land. It just is NOT going to happen.

    If it is determined the home is a fixture and could not be sold separately, it would give you a basis to rescind the contract. It would not give you a basis to demand a right to purchase the land it sets upon.

  2. #12
    Join Date
    Sep 2015
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    5

    Default Re: Landlord Wants to Evict Owner of a Manufactured Home that Cannot be Moved

    Quote Quoting jk
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    you will not force the park owner to subdivide the land. It just is NOT going to happen.

    If it is determined the home is a fixture and could not be sold separately, it would give you a basis to rescind the contract. It would not give you a basis to demand a right to purchase the land it sets upon.
    There's an answer that makes this make more sense to me! Thank you! So, the mobile home being of equal value to the lot is of no consequence when the parcel is not divided as lots, and the mobile home becoming part of the real property at best would be evidence supporting the argument that the sale of the title to the home to me was not a valid to begin with, right? It also seems from what I can tell, it is perfectly legal for the owner to keep the personal property and realty separate. And if I am following correctly, the title to the personal property may be transferred to me, and rent charged for the titled property to occupy the land. but in the event that I were to be evicted from the land, my only available options legally would be
    1.) If deed holder has transferred the title to my ownership, treating the property as separate from their realty and not filing for the title to be formally revoked and home merged with land on paper, either removing the titled mobile home from the land either by breaking down the structure or if trying to get permission and means to move the home with as little damage as possible
    2.)Giving up rights to the trailer if I am not able to get the permits to either demolish or remove it from the park by other means, and the park being able to take back ownership without owing me a cent for my property by charging lot rent on the home regardless of my ability to live in it.
    3.) Claiming the sale was not valid from the start.
    If this is the case would the park be liable for the amount I paid into the home when I bought it outright, minus any amount the judge were to find me responsible for in lot rent?
    Also, the park rules state that no one that is not on the original lease may not live in the home, and that subletting is not allowed but I have heard that this clause does not hold up in court. Could the park prevent me legally from selling the trailer if I am evicted from it, and would the new title holder be responsible for any lot rent accrued prior to purchasing that had not been paid by me? How about if I am evicted for causes other than rent payments not paid, but for breaking park rules in some way, would I legally be able to rent the home to another person as long as the lot rent is paid and the home is still titled to me?
    I'm trying to look at the possible options and make the most informed decision I can on how to proceed. I'd like to not have to move again, and as far as paying the rent goes I don't foresee being forced out because of failure on that end, but I also have already experienced how uncomfortable it can be to live in a neighborhood after you've gone against the park manager that lives a few lots down from you , the owners of the park and their lawyer, and won so thoroughly that the court ordered the title to be signed over to me immediately and my rent dropped to zero until deemed otherwise, making this the 8th month I have lived here, and not a single day of it has cost me a penny in lot rent. The people in charge of the park are not fond of me, but the way I see it is if they spent the time and money they have wasted on lawyers and looking for anything they can use to evict me on fixing the plumbing like they were ordered to, they'd have been getting the lot rent from me every month with no problems. I would much rather pay lot rent for the place I bought and fixed up and had working plumbing in, than save $400/mo by dealing with court, resentment and being unable to shower or wash dishes in my own home .

  3. #13
    Join Date
    Sep 2005
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    98,846

    Default Re: Landlord Wants to Evict Owner of a Manufactured Home that Cannot be Moved

    You are not going to convince a court that the home is a fixture that passes with the land; such an argument would not be in your interest. You are not going to convince a court that the home is a fixture that the landowner could not sell to you. You are chasing a red herring -- it will lead you nowhere.

    You bought the home. It is yours to move, if you choose to incur the expense.

  4. #14
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Landlord Wants to Evict Owner of a Manufactured Home that Cannot be Moved

    I watched a victorian house get moved.

    I guarantee you your trailer CAN be moved, the only question is whether or not it is financially feasible for you to do so (including the cost of whatever is needed to get the variances for a permit)

  5. #15
    Join Date
    Jan 2006
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    38,867

    Default Re: Landlord Wants to Evict Owner of a Manufactured Home that Cannot be Moved

    Quote Quoting Lehk
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    I watched a victorian house get moved.

    I guarantee you your trailer CAN be moved, the only question is whether or not it is financially feasible for you to do so (including the cost of whatever is needed to get the variances for a permit)
    And they were issued the proper permits to be allowed to move the house. There is no guarantee such a permit will be issued to move a very old mobile home and it likely wouldn't be. There is value in not demolishing a historical home. Moving a 197o something mobile home would devalue the area it was brought to

  6. #16
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Landlord Wants to Evict Owner of a Manufactured Home that Cannot be Moved

    Quote Quoting jk
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    And they were issued the proper permits to be allowed to move the house. There is no guarantee such a permit will be issued to move a very old mobile home and it likely wouldn't be. There is value in not demolishing a historical home. Moving a 197o something mobile home would devalue the area it was brought to
    the question of finding a suitable destination is separate, the variance requirements for older mobile homes are typically due to safety issues from structural degradation, at an assessment of $2600 it would probably cost several(or many) times the trailer's value to get it road worthy enough to get a variance, possibly an entire new frame.

  7. #17
    Join Date
    Jan 2006
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    Default Re: Landlord Wants to Evict Owner of a Manufactured Home that Cannot be Moved

    Quote Quoting Lehk
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    the question of finding a suitable destination is separate, the variance requirements for older mobile homes are typically due to safety issues from structural degradation, at an assessment of $2600 it would probably cost several(or many) times the trailer's value to get it road worthy enough to get a variance, possibly an entire new frame.
    well, the destination issue is not necessarily a separate issue. In the county I cited previously if moving into another county a permit is not going to be issued if the other county will not allow it to be moved into the county.

    but for exactly the reasons you state a permit is not likely to be issued, a permit is not likely to be issued to move the home in question.

  8. #18
    Join Date
    Jan 2013
    Posts
    372

    Default Re: Landlord Wants to Evict Owner of a Manufactured Home that Cannot be Moved

    Does the amount that you have not paid in rent exceed the amount that a licensed plumber would need to fix these problems? If so, why not offer to hire a plumber and fix the problem? Or is this just one issue in an on-going landlord-tenant dispute?

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