Legal Question in Real Estate Law in Florida

occupancy

My dad purchased a mobile home for us and we paid him back and he has died since then when we moved in to the park we filled out all the papers they wanted i took to them the new title with our name now 16 months later they want a occupancy backgroud check done on us we have not broken any rules and have paid our utilites and rent on time...we have also invested over 25,000 on improvments... where do we stand legally... on this matter thanks diana


Asked on 6/26/02, 7:43 pm

3 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: occupancy

I do not know the answer but what's the harm in filling out the background check? I believe the rule is that they cannot simply reject occupants for reasons which are arbitrary or capricious. What may be determined as arbitrary and capricious is normally up to a court. But you should also read the Mobile Home Park Rules and Papers to learn your rights. Good luck.

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Answered on 6/26/02, 8:43 pm
David Slater David P. Slater, Esq.

Re: occupancy

I would have to read all the papers you filled out and any lease for the site you may have entered into. Is there a problem submitting to a backround check?

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Answered on 6/26/02, 9:34 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: occupancy

Based on the information provided, I don't believe you have been harmed yet. Read the rules and regulations governing occupancy or the leasing of the site where the mobile home is located to learn your rights and obligations. It appears to me that requesting a backgound check is not unreasonable. Is there any legitimate reason to object to a background check?

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Answered on 6/27/02, 10:53 am


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