My mother bought the mobile home in 2008 and started paying lot rent. I don't remember what month. She put the home in my name. Now I want to sell the home or remove it from the lot and end the lot rent agreement. The owner claims that the term renewed on November 1st and I have to pay rent through next October 31, 2013, even if I have the home removed. What can I do? The park owner is being difficult about approving tenants to take over the lot rent, so I need some anwers. Thank you for any anwers you can give.
Residential Real Estate Lawyer
Most of these mobile home parks have "lifetime lease agreements" which automatically renew on either the anniversary date of the execution of the agreement or on January 1st. The standard agreement usually contains a provision the agreement can be canceled by 90 days written notice to the owner. Check your lease agreement for cancellation language.
You don't mention how the park owner is making it difficult to rent the unit. Florida Statutes Chapter 723 governs lot tenancies for mobile homes and contains some duties and restrictions that might be applicable, but without any information I cannot give you a complete answer.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Real Estate Attorney
The answer to your question depends on the wording of the agreement that you mother signed. You should consult a lawyer in your area who is experienced in real estate and mobile home law.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Landlord / Tenant Lawyer
You need an attorney to review the lot rental agreement which is part of the prospectus that should have been provided by the mobile home park. If it is not a park then the lot rental agreement. I can review the lot rental agreement for you if you email it to firstname.lastname@example.org or fax it to 1-866-571-3421
I provide a free 15 minute telephone consult for security deposit claims and eviction defense. No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.