Legal Question in Landlord & Tenant Law in California

mobile home park

i live in a mobile home park. i own the mobile i live in and pay the park each month for space rent. each month they give us a bill with a break down of charges i.e., space rent, utilities, trash etc. however, the charge for insurance (24.00-45.00) per month does not seem legal. when i asked mgmt about type of ins and can i have a copy of policy. the response is ''explanation of ins is in your lease agreemnt. and no we cannot give you a copy. the lease agreemnt says we are responsible for our own homeowner ins the park does not carry insurance. neighbors get the same response from mgmt yet everybody keeps on paying for it and no one does anything about it. is this legal?


Asked on 6/03/07, 3:42 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: mobile home park

The simple first step is to look at your lease agreement to see what it does say. If there is no mention in the lease, point that out to management and tell them you are not apparently obligated under the lease to pay any other insurance. Tell them that it appears to be a book keeping error on their part and you would request a refund of all the amount you have paid [do all of this as a group so that management does not try to punish you]. If they will not response, demand a letter from their attorney justifying the charges. Also check to see what laws cover trailer parks and such fees, as there may be a provision allowing for an increased penalty. If none of that works, as a group retain a real estate attorney for a short meeting [with just 1-3 of you so as not to create confusion] to find out what your remedies are. Each one of you can sue in Small Claims Court for up to $7,500 each for back payments [but how far back you can go may be limited by the statute of limitations]. Paying for 1-2 hours of attorney time would be worthwhile for a group of you and would reduce the likelihood of pursuing remedies you might not be entitled to and going after ones you have a right to. It should not take an attorney more than a few hours,if that much time, to research the situation and law and cases on it. I could do it if you wanted. Good luck.

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Answered on 6/03/07, 10:12 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: mobile home park

Mr. Sher's answer, in my opinion, is directly on target. Because of the unique situation of many mobile home parks, you own the structure, and not the land. It might be a case of liability insurance for claims from a common area, such as swimming pool, entrance, etc. Hire an attorney for research and letter-writing purposes.

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Answered on 6/03/07, 12:01 pm


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