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Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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I operate a mobile home transporting business of 29 years.

Customer Question

I operate a mobile home transporting business of 29 years. I am fully insured and bonded along with city of Gillette Wy certified and licensed. There is a large corporate owned mobile home park that is trying to enforce a $1000.00 home removing deposit on all homes being pulled out of their park. They want the transport drivers to pay this deposit then wait for deposit to be processed through the main Corporate office then they will send you a check back after they see there was nothing damaged in the park while removing home. I asked them yesterday to see the form they fill out and have me sign in regards ***** ***** deposit check and they said they didn't have any official form, they just write it on a piece of paper and put it with the check. This deposit use to be $500. I have refused to pay it because I don't feel like I have an agreement with them. This is listed in the tenants original park lease agreement occupant signs prior to moving into mobile home park. The other issue we run into is when someone sells their home and the new buyers want to move home out to a different location and has never signed an original lease agrement, so now neither the new home buyer or myself the transport driver have an obligation under the park ruling in regards ***** ***** removal deposit. Park manager says she will park a vehicle in front of home if the deposit is not paid. Oh and FYI all rent on these homes are current or myself I won't pull a house out until they settle up with the park. Is this even legal? How can we get them to stop this type of action?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Maverick replied 2 years ago.
This is listed in the tenants original park lease agreement occupant signs prior to moving into mobile home park.
1. Since the agreement is with the tenant and the park owner, they should be asking this deposit from the tenant, not you or the new home owner.
2. If the tenant does not pay but asks you to move the home, the tenant appears to be in breach. [of course the deposit amount cannot be changed from what is in the lease]
3. If you attempt to remove the home without the deposit being paid as per the lease, you could be sued for tortious interference with contract.
4. So, both you and new home owners should make sure that you add a refundable deposit amount to the contract price or that the tenant pays the park owner the deposit ahead of the scheduled move.
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