Legal Question in Real Estate Law in California

unlawful detainer, small claim or both

i have a mobile home i sold in payments the agreement was notarized and says if the person buyer doesn't pay three consecutive payments has to get out and give it to me back(i sold it in payments) now the buyer left the place and doesn't want to pay the trailer park manager for rent, doesn't want to give my monthly payments past, and doesn't want to give the key until i sign a paper that says that i will pay the manager which i don't accept. the bills are under her name plus in the agreement we clarify that she will be responsible for the rent and utilities. i want to send her to court. the lawyer says i have to file a unlawful detainer and the court says i have to file a small claim because they say unlawful detainer is when a landlord is renting and i sold in payments not rent. i don't know which i should file or if should file both. i want my mobile home back and that she pays the manager as the agreement specifies. could you advice which of the documents to file or if have to file both.

thanks.


Asked on 9/21/07, 7:39 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: unlawful detainer, small claim or both

You cannot file both and, in fact, cannot file an unlawful detainer action because (based upon the facts contained in your question) there is no landlord-tenant relationship. Your only recourse is to file a civil lawsuit seeking damages for, among other things, breach of contract, and ejectment (similar to unlawful detainer).

Unless you have done this sort of thing before (and I suspect you have not), you really need to hire an attorney in your area.

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Answered on 9/21/07, 8:46 pm


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