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I live in a 55 + community. I moved in last June, now it is…

Hi, I live in...

Hi, I live in a 55 + community. I moved in last June, now it is under new management. I have 2 problems, One is they don't spray for mosquitos any longer and the second problem I have is that after it rains, my driveway and my neighbor's driveway floods. He says it is because when they repaired our road, it has a slope to it when it didn't before the repair. I was told that mosquito control was part of the lot rent and because of the flooding, it is a deal killer for future buyers.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I am just starting out and have not talked to anyone yet.

Lawyer's Assistant: Where is the property located?

Homosassa, Fl in Forest View.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything. I just want to know what leverage I have.

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Answered in 11 hours by:
5/5/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,758
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties. However, I do not understand your question.

Kindly clarify.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Thank you for your patience.

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Customer reply replied 3 months ago
I guess my question is can I withhold my lot rent payments, legally, because the park management is not providing the mosquito control they promised and are not repairing the road so my neighbor and don't keep getting a pool of water in our every time we get a rainstorm?
Thanks,
Jay

Good morning, Jay. Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Your Question:

I guess my question is can I withhold my lot rent payments, legally, because the park management is not providing the mosquito control they promised and are not repairing the road so my neighbor and don't keep getting a pool of water in our every time we get a rainstorm?

Thanks,

Jay

Response: Yes, you can because the Landlord has not fulfilled its responsibilities. However, the Landlord can send you an eviction notice for nonpayment of rent and eventually file eviction action against you in Court if you refuse to pay the rent. You can then respond to the eviction action and tell the Court why you withheld the lot rent and thus why you must not be evicted.

Best wishes,

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,758
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks for your reply. I will talk with the manager and see what they are willing to do, if anything and if they still refuse I will probably go ahead with my plan of non-payments. BTW, they just raised our lot rents another $20 per month and there are 300 homes here. So it's not like they don't have the funds to provide these services.
Thanks, again,
Jay

You are quite Welcome!

Have a wonderful day,

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Customer reply replied 3 months ago
I just thought of something else pertaining to my situation. Sorry I didn't think of it before now. But the park knew that there was flooding when I bought the home (from the owner, who also did not disclose this fact. But he is out of state now, in Texas I believe). Aren't they legally bound to disclose this fact, even though the home was not theirs? Since it is technically their property it sits on. Plus I pay the the ad-valorem tax on this lot too. So my question is that if we end up in court through the eviction process, because of their refusal to fix the road that is causing the flooding and I cannot sell or rent the home because of this problem then that would give me some more ammo? Plus, do you think I have a good enough case to sue them on the grounds alone of non-disclosure?
Thank-you,
Jay
Thanks,
Jay

Your follow-up questions:

I just thought of something else pertaining to my situation. Sorry I didn't think of it before now. But the park knew that there was flooding when I bought the home (from the owner, who also did not disclose this fact. But he is out of state now, in Texas I believe). Aren't they legally bound to disclose this fact, even though the home was not theirs?

Response 1: Unfortunately, no because they were no a party to the sale and thus have no duty to disclose to you.

Since it is technically their property it sits on. Plus I pay the the ad-valorem tax on this lot too. So my question is that if we end up in court through the eviction process, because of their refusal to fix the road that is causing the flooding and I cannot sell or rent the home because of this problem then that would give me some more ammo?

Response 2: Unfortunately, no.

Plus, do you think I have a good enough case to sue them on the grounds alone of non-disclosure?

Response 3: No, you do not.

I am sorry for being the bearer of bad news here. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

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Customer reply replied 3 months ago
Oh, ok. I'll talk with them either today or tomorrow about the problems when I pay the taxes, and just take it from there.
Thanks again,
Jay

You are quite Welcome!

Have a wonderful day,

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