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Live in a mobile home park where I lease the lot and own my…

Greetings, live in a mobile...
Greetings, live in a mobile home park where I lease the lot and own my residence. At lease signing nothing was mentioned about constant flooding of lots. Recently a large oak collapsed causing significant damage to home. Park owner states I am responsible for the trees but prospectus rules and regs state he is. Is this actionable here in Florida?
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Answered in 18 minutes by:
10/12/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,621
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Does your written lease state that you are responsible for the trees?

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How long have you been there?

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Do you have proof of other incidents of flooding of your lot...like other residents stating that it floods all the time?

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Do you have any damages due to the flooding?

.

.

thanks

Barrister

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Customer reply replied 11 months ago
Hello, Rental agreement with prospectus rules and regulations state "Trees are also under control of management" "Tenant is responsible for trimming, weeding, and care of shrubs on and around their lot" Leasing since 2/16. Yes other residents have same problem, I have photos during rain, and the parks Facebook page has multiple pics of same. Yes with the constant shifting of home have separation from molding on ceilings (crown) and damage from tree falling during heavy rains.

Ok, then since the trees are the landlord's personal property, they are responsible for them.. The problem here is that if the tree was healthy and came down during a storm, then this is considered an "Act of God" and you would bear your own damages and the landlord would bear theirs. But they would still have to clean up the tree, they just wouldn't have to pay for your damages.

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But if the tree was dying or dead and fell, that is negligence on the part of the landlord and you can hold him liable for all your damages.

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As for any flooding, if that has damaged your property and the landlord failed to disclose that the area floods when they know that it did, that is misrepresentation and fraud and you can then hold him responsible for your personal property damages..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,621
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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