Legal Question in Real Estate Law in Georgia

Mobile Home Tenant rights during bankruptcy of mobile home park

I currently reside in a mobile home park that is

undergoing bankruptcy. I own my home. What

are my rights if a buyer is or is not found? If I

decide to live somewhere else, would I still be

obligated to pay lot rent since my home would still

reside in the park? Can I have an amendment

made now to my current lease to cap and keep

the current lot rent price? Are there any Mobile

home organizations or the like in the state of GA?

Additionally, can you refer me to any information

which will outline what recourse is availble to me

in regards to ''trailer trash'' i.e., broken commode,

washing machines in other ''neighbors''' (and I

use that term generously) yards? The

management of the park may be leaving

themselves and has therefore been of little help.

Thank-you in advance for any information you can

offer!


Asked on 2/16/02, 1:43 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Mobile Home Tenant rights during bankruptcy of mobile home park

Usually, unless the B court goes the route of sale and complete liquidation, the current owners would simply become owned by the bank (first mort holder) or some other creditor. Since the creditor does not want to live in the mobile homes, it will simply go about life as ususual and start collecting the lot rent. [This will not work if the Creditor very much wants the land under the trailers for real estate development. If the land has great development value, the trailers will go out with the bath water in the B.] However, I dont know what the facts of your case are. You cannot cap your rent. There is no rent control in Georgia. Expect a significant increase after the B court gets done with you. With regard to the trash, there no quick or good alternatives. The local ordinance or health dept of your county is granted jurisdiction to issue citations and fines. But good luck getting them off their behinds to do anything. You can file a private nusiance suit, but the cost of such a suit is, in legal fees, many many times above the issues you have posed in your question. Hugh C. Wood

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Answered on 2/16/02, 2:01 pm


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