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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33190
Experience:  15 years real estate, Realtor. Landlord 26 years
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My husband and I own our mobile home outright. We pay lot rent

Customer Question

My husband and I own our mobile home outright. We pay lot rent and amenities to our landlord. W e just sold our home and was informed that the landlord will hold on to the check for 10 days. Is this legal considering we on the home?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months 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..Can you tell me why your landlord is involved in the transaction at all?.If you own your home outright, it is your personal property, just like a car, and there would not be any reason for the landlord to be involved in the transaction...Or does he have to approve the tenant to take over the lot lease?.Who told you the the landlord gets to hold the check?..thanksBarrister
Customer: replied 5 months ago.
Th salesperson told us that the owner will hold on to our heck for 10 days before the funds are relinquished to us. There is no reason for the landlord to be involved at all as we on the home outright and have a deed stating that.He does not have to approve the tenant ho will take over the lot lease.
Expert:  Barrister replied 5 months ago.
Ok, then there is no legal reason that I can see for the landlord to ever touch your check. There should be two, maybe three, parties in this and the buyer and maybe a bank if they are financing. So I don't know why there is a "salesperson" involved (unless you have sold the home using a broker of some sort) and there is zero reason for the landlord to have anything to do with the sale. In some mobile home parks, the landlord has to approve the buyer to take over the lease for the lot, but that doesn't give them any right to hold any proceeds from the sale...The only possible reason I can think of is if there is something in your lot rental agreement that lets the landlord hold proceeds to make sure that there is no rent or charges due and owing to the lot owner.. That would kind of make sense to me...So you can tell the salesperson that you are the owner and the landlord has no legal claim to the proceeds and unless they can show you a contract or local ordinance that states the landlord has a right to hold proceeds and you expect delivery of the money immediately upon the closing of the sale...thanksBarrister

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