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kay5 · Apr 20, 2008, 10:51 AM

I have a cabin on a lake in North Dakota, we own the cabin but rent the land that our cabin is on. Some of the property beyond the cabin is corps land. Every year the land lord sends out a bill in the spring for the lot rent, and this year he also stated in the bill if anyone from now on sells their cabin he wants 10% of the total sales that includes any boats, boat lifts, or whatever will go in the sale. Now most of us have been there for 10 yrs or more, and our cabins are mobil homes except one. He stated that he should get part of the sales because we are making so much money off his land, well that's crazy because we all have paid yearly lot rents, also have put a lot of money into the upkeep or upgrade of the cabin or land. We are lucky if we even break even when we sell. His place is far from a resort and he don't even keep up with the roads going into this place. We all have wells, pay for are own electricity, have no garbage pickup, he does absoletly nothing but collect his rent every year, and I suspose all of this has nothing to do with the fact, but we don't understand legally how he can do this. Is the law on his side. Thank you for your help kay5

twinkiedooter · Apr 20, 2008, 10:57 AM

First, what kind of rental agreement do you have this this guy? A written lease or a monthly lease or a yearly seasonal lease? If there is nothing in writing that specifically says that he can do this other than just his letter telling you that you must fork over the percentage to him, then he can't do this. If you have nothing in writing from him and just pay your lot rent to him, then he MIGHT be able to get away with this if you aren't smart enough to consult an attorney if you choose to sell your home. The fact that you have your own well - did HE pay to have the well dug? Lots of things come into play in this scenerio. No garbage pick up in a remote area is typical. Not keeping the roads maintained is typical. If his roads are on his property he does not have to keep them maintained unless local laws say otherwise.

Fr_Chuck · Apr 20, 2008, 02:18 PM

Well I would have to wonder why someone puts and builds a cabin on someone else's land. But he does do something, he owns the land, and you are paying for your right to use that land.

He only has to supply what he in the rental agreement. Now I do not believe he can enforce the 10 percent rule on a current lease, so as long as you don't sign a new lease with those terms in it, you should be OK.

So it may be time to look for your own land or a new area to rent land at.

kay5 · Apr 21, 2008, 05:54 AM

To answer your questions about the lake cabin. Years ago the property was owned by his dad and he let people rent his land by the lake for a small amount, than he died and now his son has it. The last several years farmers have been selling their land around the lake and people have been buying the land and building cabins/homes on it. Our landlord keeps renting his land like his dad did. You wonder why we would buy a cabin to put on rental property back than the mobil home was very little and the rent was $225 a year. It was a good deal. Since than our landlord has gone up to $1600 a year which because of North Dakota you can use only app 4 months out of a year. The only agreement we have ever signed was a rental agreement on what he expects from his rentals. This deal about the 10% came up this year on his rental bill. Nothing about signing anything. How come when you have a mobil home in a mobil park when you sell that mobil home they don't get a percent of your sale, at least not in North Dakota. We have never heard of such a thing, but of course we would check with a attorney. Thank you for your help.

oneguyinohio · Apr 21, 2008, 06:09 AM

Only speculation from me, but as the land owner, he "might" have the right to approve all new owners that might live on the land. He might not approve them without getting that percentage?

He sure sounds like he enjoys collecting money for very little effort.

ScottGem · Apr 21, 2008, 08:23 AM

A court MIGHT rule that any permanent improvements to the land belong to him. Things like docks and boat lifts (but not the boats themselves) and permanent structures. But he has NO right to get a percentage of the sale of mobile homes and boats, etc.

That being said, he DOES have the right to choose to NOT rent to someone you sell to. He can terminate the lease.

So you seem to be caught between a rock and a hard place.