Legal Question in Real Estate Law in California

Is it legal for a mobile park management to charge a new home owner the previous home owners unpaid lot rent or to file a writ of Possession for lot rent against the new home owner?


Asked on 1/09/13, 4:36 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably "legal" to charge the new home owner; depends upon the language of the space contract, but it seems likely. However, a writ of possession is not something that a creditor can just go ahead and "file" on a whim. One obtains the right to a writ of possession after going to court and winning.

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Answered on 1/09/13, 8:26 pm
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Whipple. The park can't charge a new homeowner for some prior owner or prior tenant's failure to pay space rent. The park has a breach of contract action against the previous tenant or owner, not against the new one.

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Answered on 1/11/13, 9:16 am


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