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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35764
Experience:  16 years real estate, Realtor. Landlord 26 years
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My boyfriend is being evicted from his trailer park.

Customer Question

hello,
my boyfriend is being evicted from his trailer park. he owns the trailer they own the lot (they are evicting him from the lot). my question is if I take over (assume) the lot lease can then he still live with me? I don't want to inadvertently get myself evicted so I need to know my rights.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..What is the basis is for the eviction? Delinquent rent?.Do they just want him gone or do they just want their money?..thanksBarrister
Customer: replied 1 year ago.
Delinquent rent and they want him gone said that they wont work with him anymore.
Expert:  Barrister replied 1 year ago.
Ok, then if they have given him proper 3 day notice to pay rent or vacate and that time has expired, then even if you were to take over the lease, they can still evict him and bar him from the property. Only the actual legal tenant under a lease has a legal right to be on the property so it you took over, that would be you, not him. So the landlord could bar him from the property so he would be a trespasser if he returned and could be arrested..So unfortunately, you taking over the lease isn't going to allow him to remain if they want him gone...As an aside, in addition to being an attorney, I have also been a landlord for over 26 years....I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 1 year ago.
He has tried to give them the money and they won't except it. The time hasn't expired yet we believe they will be out Monday or Tuesday to lock the doors.
Expert:  Barrister replied 1 year ago.
Ok, how long of a notice did they give him to pay?.What day did they give him the notice?.And he owns the home, correct?
Customer: replied 1 year ago.
They gave him a three day notice and then it took them a month to bring him to court. Then the court granted the eviction and the landlord filed the rit. He got the eviction notice 4-7-16. Someone wrote on the bottom of the notice that if he isn't out within the next few days the doors will be locked so they didn't exactly give us a date. Also their attorney was working with him so he could get his stuff together in a timely fashion now it seems he doesn't care and is threatening to come out any day now to lock the doors. Under the costs part of the notice all it says is cost date passed no information on when the money is due. They now said they will take it but won't renew his lease. That's why we had the idea of me taking over the lease. And yes he owns the trailer.
Expert:  Barrister replied 1 year ago.
Ok, that changes things a bit because the time to pay has long since expired. If they have already given him a 3 day and it has expired without him paying all the rent due, then they don't have to accept any rent from that point on. By law, the landlord only has a legal obligation to accept the late rent within those 3 days. After that, he can evict, which it sounds like he did. So his time to pay was up before the landlord went to court and got a judgment and a writ...So when the writ is executed, they will physically force him to leave the property, lock it, and then he will either have to arrange to move it or they can then consider it abandoned and dispose of it..At this point, he needs to take any money he has and try to make arrangements to move all his stuff out and see if he can move the trailer somewhere to avoid losing it because they literally could be out at any time to conduct the eviction..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister

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