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LaurieFrank105 · Aug 3, 2009, 12:34 PM

My father has a mortgage remaining on a mobile home. He rents it to pay the mortgage. The girl who was supposed to pay it off (notarized statement) has defaulted, and when he called the owner of the park to tell him his grandson (not my son) will be moving in, they informed him that he has to remove the trailer from the property, because of its age. Seems the owner of the park only wants newer homes there, although this has been there for many years. There is still a mortgage that he is responsible for paying, regardless, and he is very upset.

The granson and his girlfriend work, do not have bad credit, and have a baby who is almost 2. There is no readon not to approve of them.

Please help! My father does not have the money to pay the mortgage if he cannot rent it, and will lose a lot of money (8000) that is still owed!

AK lawyer · Aug 3, 2009, 12:38 PM

First thing he should do is determine what agreement (lease) he has with the mobile home park. It doesn't seem right that the landlord can kick him out on a whim like this.

There may be state or local laws governing mobile home parks which would address the situation.

LaurieFrank105 · Aug 3, 2009, 12:45 PM

We are in the state of PA. Specifically Chester County.

He doesn't actually live in the trailer, he had rented it to someone else in exchange for the person to take over payments. THAT person defaulted by leaving. My nephew and his wife would like to move in, and take over payments.

This is when the park owner told him that even though he has money owed on it, he has to remove it from the park because it is too old for what they want. There is nothing wrong with it, it just doesn't fit the look they seem to want.

Where can I look for laws specifically regarding this matter? He cannot afford a lawyer, and the park told him that even if he wanted to move in himself, he could not, because the trailer is too old.

AK lawyer · Aug 3, 2009, 01:21 PM

Originally Posted by LaurieFrank105

Where can I look for laws specifically regarding this matter?

Browsing the Pennsylvania Code

LaurieFrank105 · Aug 3, 2009, 01:58 PM

Now I am really lost. What search terms should I use??

twinkiedooter · Aug 3, 2009, 02:38 PM

http://www.pmha.org/members/document...kRightsAct.pdf

Section 3. Evictions.
(a) A mobile home resident shall only be evicted for any of the following reasons:
(1) Non-payment of rent.
(2) A second or subsequent violation of the rules of the mobile home park
Occurring within six-month period.
(3) If there is a change in use of the park land or parts thereof.
(4) Termination of mobile home park.

Read the PDF file carefully and note under Section 3 about evictions.

Also on the first page of this PDF file you will note a toll free phone number to call.

Call them and tell them what the mobile home landlord is trying to pull on you and your father. They can definitely help. Just because the home is "too old" to suit them, the State has something very different to say about that.

Each state basically has almost the same mobile home park rules for the owners of the park and the owners of the mobile home itself. What that landlord is trying to do is illegal.

Maybe the folks in New Cumberland can hook you with an attorney near you who can help out.

The only way the landlord can make your dad remove his home is by a legal eviction through a Court of law.

Fr_Chuck · Aug 3, 2009, 06:19 PM

Ok, I am lost, what does the two issues have to do with each other.

Person who was in home defaulted and the park wants the home out.?

So why was the park involved about someone else merely moving into the home, that they owned.

Was there any official eviction letter given.

LaurieFrank105 · Aug 3, 2009, 07:11 PM

My father is buying the home, and moved in with his (now) wife about a half hour away from mobile home. Her rented it to her cousin to pay the mortgage, and she signed and had notatized a paper saying she would pay off the mortgage, and then would own it. She changed her mind when she got a settlement from a lawsuit, and bought a house instead of paying for the trailer.

He now has an empty trailer.

My nephew and his family want to move in and take over payments, same arrangement, and the trailer park manager said the trailer is too old to be there, and that my dad has to move it.

No eviction notice, and to the best of my kowledge, no violations.

He still has money he owes the mortgage company on the trailer.

Hope that clarified things a bit.

AK lawyer · Aug 4, 2009, 04:31 AM

Originally Posted by twinkiedooter

[url]Section 3. Evictions.
(a) A mobile home resident shall only be evicted for any of the following reasons:
...
(2) A second or subsequent violation of the rules of the mobile home park
occurring within six-month period.
(3) If there is a change in use of the park land or parts thereof.
....

That's probably where the owners of the park possibly have a case: change the "park rules" to provide that MHs must be no more than so many years old. That, or claim that the "use" of the park is now only for new MHs. I don't know that they would prevail, but that is the wiggle-room they might try to use.

LaurieFrank105 · Aug 4, 2009, 06:40 AM

(3) If there is a change in use of the park land or parts thereof.

The use is still for a mobile home park.

Since he is owner of a home in the park, shouldn't they have notified him of this when it was made? He knew nothing about it.

So wouldn't a trailer that was already there when the rule was made, not be in violation, unless there were other things wrong with it? How can they force people to get rid of a MH in good repair, that they still owe money on?

My dad told me that there are older trailers than his, yet they are "grandfathered". They don't have to be moved, because of the age of the residents.

AK lawyer · Aug 4, 2009, 10:52 AM

Originally Posted by LaurieFrank105

(3) If there is a change in use of the park land or parts thereof.

The use is still for a mobile home park.

Since he is owner of a home in the park, shouldn't they have notified him of this when it was made? He knew nothing about it.

So wouldn't a trailer that was already there when the rule was made, not be in violation, unless there were other things wrong with it? How can they force people to get rid of a MH in good repair, that they still owe money on?

My dad told me that there are older trailers than his, yet they are "grandfathered". They don't have to be moved, because of the age of the residents.

Yes, I agree. The park owners don't have a valid case under the law stated earler, IMO. I was simply doing the "devil's advocate" thing.

twinkiedooter · Aug 4, 2009, 11:30 AM

How old is the home? What are the dimensions? Right there could be the problem. Plus also the fact that your dad does not live in it could present a problem legally. Does the mobile home park allow renters? Is there any sort of "rule book" for the park? How many homes are in this park?

Did you contact the folks in New Cumberland about this?

The other older homes could be owner occupied and that makes them grandfathered in if the owner has lived in them for many years.

Are the other older homes the same dimensions as your dad's? How long has your dad owned the home? Also, what, if anything, has the park owner sent out paperwise to the park residents stating that older homes must go? Is the home well kept? Is the yard well kept?