Legal Question in Credit and Debt Law in New York
Can Mobile Home Park sue me?
I just received an order to appear in court from the mobile home park that I used to reside in claiming that I owe them 5 months back lot rent. In January, I called the finance company for the mobile home that I had bought in 1998 and told them I could no longer make the payments to them as I was in a financial bind and didn't want to rent it out any longer as tenants were destroying it and I couldn't afford to keep having it repaired. They sent me paperwork right away that I filled out,one was a ''Notice of surrender of secured property'' and a ''Limited Power of Attorney''. I signed these, had them notorized and returned them overnight mail to the finance company. Am I responsible for this back rent even though I no longer own the mobile home? According to their paperwork, it states that ''Respondant -Tenant holds over and continues in possession of the premises without petitioner-landlords permission after said default'' I don't have possession of it! It also states that ''Said rent has been personally demanded from Respondant-Tenant since the same became due.'' I received one notice from them in January, stating that I owed one months rent. I called the finance company and surrendered the home and heard nothing more from the park.
2 Answers from Attorneys
Re: Can Mobile Home Park sue me?
I suggest you forward the information to the mobile home owner with the statement; "My lawyer tells me that this debt attaches to the property and that the creditor can put a lien on the mobile home for the money owed. Please resolve this matter".
This is not an inaccurate statement based on what you have indicated to me in your question. Landlord/Tenant law is very complicated and technical abd the mobile home may have variations that are new to me.
This may not solve the problem, but if you can get someone else to handle the problem that will be a plus.
Again, to protect myself from a violation of the ethical code for lawyers, I want to say that you don't give me enough information to be clear on who owes what in this situation.
Re: Can Mobile Home Park sue me?
The fact you you heard nothing does not mean that you do not owe the rent. If you executed the agreement, and it was not done, you probably are on the hook.
This matter is very fact dependant and probably requires a review of the agreement and a review of the amount you paid and when.
Feel free to contact me with any questions.
Good Luck
RRG
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