Legal Question in Real Estate Law in California

Disabled and being evicted

My boyfriend and I moved into a mobile home in May 2003.The owner of the mobile home was going into treatment for 1 year, she owns the mobile home but rents a space in a trailer park.She had hired us to make extensive repairs and remodel the mobile home and the large yard.We finished more than 1/2 of work (it was in severe disrepair).Now its the end of August,the owner is in jail instead of treatment.Come to find out a week ago that the monthly space rental that she was supposed to be paying has not been paid since May.We also have not been paid.The trailer park has served us with an eviction notice.We are filing a claim of lien.What are our rights?We were unaware of the rent not being paid until we got an eviction notice.Can you recomend a course of action?


Asked on 8/29/03, 10:35 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Disabled and being evicted

Contact the owner or manager of the mobilehome park and explain the situation and request the opportunity to work out a payment plan to catch up on the rent space and then contact an attorney regarding obtaining a lien on the mobile home. You should also check with the DMV to determine if there is a mortgage on the mobile home and whether it is also behind.

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Answered on 8/30/03, 1:25 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Disabled and being evicted

Drug treatment programs are offered to good-risk offenders as an alternative to jail. If they violate the terms of the treatment alternative, the court will often revoke the treatment privilege and restore a suspended jail sentence.

You have to deal with two sets of rights in the situation you face. First, the landlord of the mobile home park has a right to be paid and to evict the trailer and all of its occupants if not paid. The park operator (landlord) may have, or be entitled to, a lien on the trailer for non-payment of rent. Rules affecting liens and evictions may vary by type of park and by community.

The other set of rights is your own vs. the home owner. Here, the interesting question is how your agreement (contract) with the owner would be interpreted. You are getting (apparently) "free" rent in exchange for your repair services. It isn't clear from your question whether you are entitled to money payment in addition to free rent. In any case, your agreement with the home owner is separate from the owner's agreement with the landlord, and you cannot defuse the landlord's eviction actions on the strength of the fact that the home owner hasn't honored his/her agreement with you. This mobile home owner sounds like a loser and I think you are going to have a real problem either collecting or staying in possession.

You are probably entitled to a lien, which will probably be junior (inferior) to the landlord's lien. I suggest taking your agreement with the home owner to a local attorney and asking for a 1/2 hour free consultation.

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Answered on 8/31/03, 11:26 pm


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