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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31681
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My dad owns a piece of property and has a mobile home on it

Customer Question

My dad owns a piece of property and has a mobile home on it in his name. He started renting the mobile and property and even did a lease agreement with a family member. Everything was signed and notarized but the agreement is unrealistic because the family member doesn't have to start paying on the land until the mobile home is paid off which is about 40 years from now. My dad is elderly and not wanting me to not get anything in the way of an inheritance deeded the land to me so the land isn't in his name anymore but the mobile is. Can this family member sue my dad or myself? The family member is willing possibly to do another lease with me since I am listed as the owner but I'm also looking at the best way to have that drawn up to protect me from all sides.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Your family member cannot sue your dad or you for transferring the title......but the transfer would be subject to the lease -- meaning that you'd have to honor it, but if it were breached, the tenant could sue for that.
Expert:  Roger replied 1 year ago.
Your best option is to try and negotiate a new lease agreement with much better terms OR try to legally challenge the current lease on grounds that it is unconscionable and that it should be voided as a matter of law.