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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111576
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We own a mobile home it was our homestead in Olathe, Kansas.

Customer Question

we own a mobile home it was our homestead in Olathe, Kansas. My wife was seriously injured in the mobile home park. When we asked for help with her injuries they commenced eviction procedings and we were forced to file bankruptcy to try and save our mobile home, I am disabled and she was unable to work because of their negligence. in maintaining the private street in front of our mobile home. The asphalt was all broken up and caused us to fall several times. They made some repairs after they started eviction proceedings. We were evicted when the attorney for the mobile home park filed papers that we owed back rent and a mortgage that did not exist. We didn't owe back rent, we have reciepts of that time. When we went to court we were still evicted. We had a lot of our personal property stolen by the managers of the park, while under an automatic stay. We feel that our fourth ammendment rights have been violated.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The fourth amendment applies to a government taking. However, you have the right here to claim retaliatory eviction, since you were being evicted because you filed a claim of negligence on the owner of the property for injuries their failure to properly maintain the premises and caused injury to your spouse. You have the right to sue the owner of the premises for not only your wife's injury, but also for them retaliating against you by evicting you because you were filing a claim for injury (which may be what is called an "anti-slapp violation" since they filed suit to stop you from suing them for negligence and can entitle you to triple damages plus attorney's fees) and also for the value of the property you had stolen from you.
You need to go to legal aid or contact a local attorney to seek to sue the owners of the park for the retaliatory eviction and potential anti-slapp claim in addition to their negligence for causing your wife's injury and take them to court to seek the damages against them that you are entitled to based on your account above.
These are your options.