Real Estate Law
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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.
Section 299 of the NY State Real Estate Law, governs manufactured Homes in the State of New York. With whom may I file a complaint on a owner as the tenant of a mobile home lot.
I think you may mean NY Real Property Law Section 233 as Section 299 deals with:
""NY REAL PROP § 299. Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof""
Are you in a mobile home park or are you just living in a mobile home on private land?
What is the problem that you are filing a complaint about?
Ok, let me get a little background info from you as this sounds like a landlord tenant kind of matter..
Are you under a written fixed term lease or are you month to month?
If you are under a written lease, does it specifically state in the lease that the occupancy is limited to 3 people?
And you own the mobile home and are just leasing the spot where it is sitting, correct?
Is it in a mobile home park?
Ok, thank you for that information..
Does the landlord pay for utilities like water and sewer as part of your lot rent?
And was the 3 written in the lease when you signed the lease?
Ok, thank you. So what is your legal question that I can help with this afternoon?
Why was the lease signed agreeing to only 3 residents if there were 5 living there?
Ok, if the representative of the landlord agreed to waive the 3 person limit then you would have grounds to fight them in court if they try to evict you for violating the lease.
But there is no one to "complain to"....this is strictly a civil matter between a landlord and tenant. If the landlord tries to evict you for breaching the lease, you will have fight him in court and argue to the judge that he waived the 3 person limit.
The judge will then ask you why you didn't insist that he cross out the "3" and write a different number and then initial it as that would have been incredibly easy to do...
But if you have not received any notice of a lease violation, or any type of summons to go to court, then there is nothing to respond to at this point.
However, it would seem illogical for a landlord to put a limit of 3 occupants on a lot where a home that had 4 bedrooms was as it clearly could house 4 or more people easily. So that goes in your favor when you would be arguing that they used the wrong lease.
But when you are looking at a written contract vs. what someone said verbally...the written contract controls as a general rule. Verbal doesn't normally count because they can promise you the moon, but if they have a piece of paper with your name on it where you signed agreeing to X, Y and Z, then that is what you agreed to.
But if they did actually try to evict you, I think you have a good argument logically that it doesn't make sense for them to limit a 4 BR dwelling to only 3 people and therefore your version of the story is what the judge should accept. They verbally waived the 3 person limit (why it isn't in writing I can't explain) and you relied on that waiver in signing the lease (although it clearly said 3). You have then been living with over 3 people there the entire time without the landlord taking action so under the legal doctrine of "laches" and "waiver" they lose the right to try and enforce that restriction.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
Yes, that is what I meant when I said there is no one for you to formally complain to.... This is strictly a contract matter and no official, be it city, county, or state, has any authority to intervene. Only a judge can decide this and only if the landlord actually tries to evict you by filing an eviction case.
Correct, that is why I know landlord tenant laws frontward and backward, inside and out...
If you can upload a copy of the lease, I am happy to take a look and try to explain any clauses that you think are conflicting or might be illegal..
I want to make sure you are completely satisfied with my service...not just partially satisfied... But I may not be able to tell you what you would like to hear as 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...
But if you can attach the file or scan it, I can take a look and then we can resume our discussion..
Ok, to be honest with you, I have never attached anything to a post either... But the way I understand it is that if you can scan in the lease and save it as a PDF file to your computer, then you can click the little paper clip icon on the chat window and it will open up and you can then click something to attach the file to the chat window..
I don't have any way to email customers as I am just an independent contractor working on the JustAnswer website..
If you contact JustAnswer's customer service, they can likely just walk you through the process..
And yes, it is frustrating dealing with the kids of today in their 20s...
But I completely understand and you can just contact JustAnswer customer service and request a refund and they will happily provide it, not questions asked.
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