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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Sold my Mobile home got paid Trailer but current tenet

Customer Question

Sold my Mobile home got paid for the Trailer but current tenet now at what was our moblie home is making payments for the moblie lot under our name because he has not made the deposit .We call the office for our refundable deposit once the new owner moved in but all they said is the haven't been able to contact the new owners ,we call the people at the moblie home and they say we dont have the right to be talking to them about if the paid their deposit .Its a back and forth conversation .What can we do.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Unfortunately, this should have been dealt with as part of the purchase agreement.As it was not you now have to deal with this in a more convoluted way.You do have a right to take action (just because they own the trailer doesn't mean you cannot contact them, they are living on your lot space lease).This relationship effectively works like this:The park is the landlordYou are the "tenant" and "Master tenant"/("sublandlord")They are the "subtenant"This means that you have a right to evict them. To do this you must go through the legal process (described in brief below), but given the contractual relationship, I would recommend first trying to arrange a mediation (contact your local bar association and ask for referrals to local mediators). The goal of mediation is to get them to initiate their own lease agreement in order to avoid you having to undertake an unlawful detainer ("eviction") action against them.Terminating a tenancy-1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property). 2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge. 3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction." 4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

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