Legal Question in Landlord & Tenant Law in Florida

senior mobile home parks

I just married a man who owns a mobile home in a 55+senior park and he pays lot rent to the park. They have a homewowners association. I moved into his home and when he notified them of a new household member they ask me to fill out an application for residency. Due to a bankruptcy 5.5 years ago, I did not meet their credit qualifications. They told him I could not live there with him eventhough I am his wife and if I don't leave then he will be evicted and will have to move his mobile home out of the park. Everything is in his name, the home, the lot rent, everything. Can the do this?


Asked on 7/11/07, 7:29 am

2 Answers from Attorneys

Trey Miller Law Office of Trey E. Miller III, P.A.

Re: senior mobile home parks

Sounds very unlikely that they can prevent you from living with your husband. You need to find a lawyer to review the homeowner's association by-laws to determine rights and powers of the HOA. Certainly, if you are not on the mobile home lot lease your credit history does not seem relevant.

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Answered on 7/11/07, 7:34 am
Scott R. Jay Law Offices of Scott R. Jay

Re: senior mobile home parks

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This appears to be a repost of an earlier question with new facts added which substantially changes the question. In order to be a 55 and older park, the law has certain strict requirements but that no longer seems to be the issue in question (as it was the first time this question was asked).

Since the lot lease is in the name of your husband and the trailer is owned by him, your credit should not be an issue. You need to discuss this with the owners of the park. If they fail to acquiesce, then you would be best served by having a lawyer send them a letter demanding a further explanation and refuting their denial. The chances are good that they will back down under threat from an attorney.

Scott R. Jay, Esq.

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Answered on 7/11/07, 6:25 pm


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