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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118087
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The managers at my senior MHP have ignored the vermin

Customer Question

The managers at my senior MHP have ignored the vermin problem at my mobile home park because of the park across the street and now rats have infested my house, partially because of a vacated house next door. Now I have got Sacramento 311 Connect and the State Ombudsman involved they say they didn't know there was a health problem. I have spent a lot of money trying to keep the rats out and have had plenty of nightmares and sleepless nights .Plus I have limited funds being on SSI. So, my question is can I sue the mobile home park or the management for negligence?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is the "vacated house next door" in the MHP? If so, who owns it?

Customer: replied 1 year ago.
An old lady
Customer: replied 1 year ago.
Shes a hoarder
Expert:  Dwayne B. replied 1 year ago.

It's going to be extremely difficult to successfully sue the mobile home park under the facts you have given. While they likely have some duty to try and control vermin, when it is a situation like you describe where they are coming from a park and a vacant house not owned by them then the duty placed on them is going to be very, very low and if they have made any efforts to control them it will likely be enough. In addition, if they have not made any efforts, then they could likely avoid liability by 1) placing the blame on the vacant home and on the park and 2) taking the position that it would be endangering pets and children to place poisons, traps, etc.

What you may want to consider is having a local lawyer draft a letter to them alleging breach of contract as well as negligence and seeing what compromise can be reached. They may agree to exterminate your area in exchange for you not pursuing matters against them.

Customer: replied 1 year ago.
The park is owned by the owners of the mobile home park and the residents can plant gardens etc. Plus the property these mobile homes sit on is owned by them and we pay space rent, so , no don't like your answer. Thanks anyway`.
Expert:  Dwayne B. replied 1 year ago.

I'll opt out but the answer is correct.

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.
I am a DIFFERENT CONTRIBUTOR and look forward to assisting.
First off, you can and need to sue the owner of the vacant home and the park for nuisance, since their disrepair is causing a health hazard which is causing damage to your home and also diminished value of the home.
Second, if you are paying rent for your land, then the landlord is liable for providing a habitable premises. However, if this is beyond your landlord's control, because the cause of this problem is the vacant home and park, the landlord would not be liable and you would be the one who has to sue the owner of the vacant house and park as well to seek your damages from them, as those are the true liable parties here.