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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37377
Experience:  16 years real estate, Realtor. Landlord 26 years
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I live in a mobile home park, owning my home, but renting

Customer Question

I live in a mobile home park, owning my home, but renting the lot from the landowner. In the park they had an oil tank spill in another location not affecting our area. The landowners required everyone in park to have our tanks checked and come to code by dep regulations, which we did. Now they want to us to sign up for an additional tank sure program. I feel that would be my choice, not theirs. It would be an additional fee per year. Am I justified in refusing. I was told they require it to be done and I can leave if I choose not to. Where do I stand.
JA: What state is this in? And how old is the mobile home?
Customer: Maine, approx. 15 yrs.
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 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.

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Is this basically some type of insurance for the tanks?

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Are you under a fixed term written lease or are you month to month?

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thanks

Barrister

Customer: replied 9 months ago.
The only thing I could find on this program, was a set up annually to check the oil tanks, which are outside at a cost. The tank belongs to me, not the landowner. I feel it is my choice to do this not theirs. ?
Customer: replied 9 months ago.
The rental of lot is on a monthly lease agreement.
Expert:  Barrister replied 9 months ago.

Ok, if you are on a month to month lease, then the park landlord can change the terms of your lease or the park rules with a 30 day written notice. So unfortunately, they can impose these new conditions as part of the park rules and consider it a violation of the rules if a tenant didn't comply.

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But I agree that forcing you to have this annual inspection seems to be a bit overreaching because if the tank is your personal property, you are liable if something happens to it to cause a leak. However I can also understand the park owner's position because if someone had a leak and it contaminated a large area, the tenant is not likely going to have the money to pay for a huge excavation and removal of any contaminated soil which is normally required in situations like this which can run into thousands or tens of thousands of dollars due to EPA regulations..

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I am very sorry that I don’t have better news, but please understand that 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...

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thanks

Barrister

Customer: replied 9 months ago.
Thank you.
Expert:  Barrister replied 9 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question, even if the news was kind of lousy. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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Have a great evening!

Barrister