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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35766
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I rent a lot in a mobile home park in Wagoner County

Customer Question

I rent a lot in a mobile home park in Wagoner County Oklahoma and my landlord is telling me that I have to give up part of my lot so that the people behind me can park on it this is been an ongoing battle ever since they moved in here they are constantly parking in front of my house and want to use my lot topark on I'm wondering what my rights
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I have also been evicted for refusing to move the car
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to helpwith your situation or get you to someone who can.

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Do you mean that the landlord has actually taken you to court and gotten a judgment of eviction against you?.

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Were you under a fixed term lease or were you month to month?.

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Does the lot you are renting include the area that the other tenants want to park on?

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thanks

Barrister

Customer: replied 1 year ago.
I have been a tenant here for 14 years and have had no problems until this convicted sex offender and his family moved in. The place they want is the back portion of my lot. The lot area is from electrical box to electrical box back to the gas meter and up to the road. They are constantly piling their junk on my lot and want to park were I have one of my cars parked so since they can't park there they park in front of my house when they clearly have enough room to park in front of their own house. The landlord said I could park in the empty lot in front of my house, but when it gets rented out then I am out a parking place. I have 2 cars of my own and one is my son's, who is currently unemployed and staying with me. I don't have a written lease it is month to month and no he has not taken me to court just gave me a piece of paper that says Notice to Quit and hand written by the landlord For not following rules and trouble making with neighbor. I don't see where I am the problem I just don't think I should have to give up what I pay for and want to know if he has the right to take it from me.
Expert:  Barrister replied 1 year ago.

Ok, then you haven't been evicted, you have just been given a notice to terminate your tenancy. The landlord would have to actually file a court action to get a judgment of eviction against you for violating the park rules before he could force you to move.

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But from a purely legal perspective, you have no legal obligation to allow the neighbors to use any portion of the lot that you are renting. You have the rights of "exclusive use and possession" of the lot as long as your tenancy is in effect.

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The landlord has to have a good reason to evict you from the space under OK law, so if you are paid up, haven't created a disturbance or violated any park rules, and are simply exercising your legal rights to use your entire lot, then you can challenge any court eviction action as improper and the judge should dismiss the case.

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However, since you are month to month, the landlord could change the terms of your tenancy, like taking away a portion of your rented premises, if he was to provide a 30 day written notice of the change before it became effective.

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So he could legally take away that portion of the lot from your use, but he would have to give you a written 30 day notice before he made those changes to your tenancy.

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thanks

Barrister

Customer: replied 1 year ago.
I just returned home from work at 7:15 am and they have moved their car from in front of my home to in front of their house I'm guessing it is because I told the landlord that if they didn't move their car off from my lot I would file a restraining order on them so he was quick to call and tell them to move the car something he should have done to begin with. So that looks to me like he is siding with the married couple as opposed to the single woman. As far as breaking any park rules there has been no notice from him that I am doing anything wrong until last night and he has been here a number of times with plenty of opportunity to let me know. Now though, I'm sure he will come up with whatever he can and I'd like to know what to do if that should arise since he as not complained about anything until last night.
Customer: replied 1 year ago.
One more thing when I told him I was going to file a restraining order on them he told me that I better not do that another threat from him.
Expert:  Barrister replied 1 year ago.

It sounds like the landlord is just trying to bluff you without any real grounds to evict. He would have to give you a written notice that specified what rule you were violating along with a chance to cure the violation before he could then move to terminate and evict.

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So based on your comments, I don't see much coming of this because once you call his bluff, he should back down as he doesn't have any grounds to terminate and evict legally.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you for your assistance and your quick response if I get eviction notice I will be in touch thank you again
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister