Legal Question in Real Estate Law in Indiana
land owner rights
If I am buying the land in my name on contract,and the modular that is in my mothers name is on that land ,and i am making payments on home but have been late 7 times in 2 years, could my mother have me evicted from the modular? The land is not in her name only the home, if she did take action to evict me ,would she have to have the modular removed from my land?
2 Answers from Attorneys
Re: land owner rights
It is hard to answer your question without seeing the contracts. I presume she leases the land from you and you lease the modular from her. If you don't pay her, sure she could sue you for eviction. You would still be entitled to your rent for the land. I would have to see the contracts to tell for sure.
Michael Cortson
219-340-3890
Re: land owner rights
If you have a written lease for either the modular or for the land or separate leases for both, the terms of the lease(s) apply. If there is no written lease, then a landlord or lessor may give 30 days notice to terminate the tenancy. A landlord may terminate the tenancy upon a 5 day notice for non-payment of rent. If the rent remains unpaid after the 5th day and there will be a breach of the peace, the landlord must seek court assistance for an eviction.
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