non renewal of mobile home lot (month to month) (apartment, tenant rights, eviction)

[LadyAngler]

If you are on a month to month lot rent with a mobile home on it that you own. Can the LL kick you out if you call and complain about the roads? The park is down a long dirt road. Someone has it out for me and I don't know why. I was told several different reasons I am being asked to leave. The reasons are: I have called and complained about the roads, someone reported that I tried to start a petition to get the roads fixed or I would sue. I did complain but never tried to start a petition.
The owners are divorced and can't get along so a court appointed CPA manages the park. The male owner lives in the park and his former wife does not. When I found out about the eviction I phoned the wife and asked to meet with her to try to work it out. She met with neighbors who told her the complaints about us were lies she started fighting to keep me there. Shortly after talking with her and her talking with the accountant letters started being mailed to neighbors saying I turned people in the park to the DEA. Then one came that was supposed to be from a woman my husband was having an affair with. Both letters have the same hand writing. I think the letters are coming as retaliation for talking to the former wife and half owner. The CPA will not take my calls and I have sent him copies of the letters and a request for reconsideration to stay. Both owners said in front of witnesses that I could stay. Do I have any options? I am supposed to be out by Oct. 31 or they will proceed with ejectment.

[Rabrrita]

Regulations concerning mobile homes and mobile home properties can be complicated. They may or may not be covered by standard state landlord tenant laws; they may or may not have a seperate set of laws; they may or maynot be covered by both regulations; and they may or may not also be governed by local municipal laws on top of all other laws. The best bet is to seek competent legal advice in the local jurisdiction your located so your getting advice specifically to where your located.

[Sabinerose]

I would also suggest contacting legal aid. The set of issues you have seem very involved and you will need the councel of someone trained in the specifics. I do know that evictions from mobile home parks here became a huge arguement with lawsuits filed by various people (slightly different scenario than yours), but it has been years of fighting and none of the trailers have moved yet.

[NoMoreSnowForMe]

I see in your profile that you are in North Carolina. Here's a lawyer referral service for NC that costs $50 for 30 minutes, and you might even qualify for a free lawyer:

https://www.ncbar.org/public-pro-bon...-find-a-lawyer

Laws regarding evicting people from mobile home parks who have manufactured homes on the lots, are normally much more strict than normal landlord evictions from an apartment, for instance, because so much is involved in moving the manufactured home.

At the very least, I found this law that says they have to give you 60 days notice, even if you are on a month-to-month agreement:

§ 42-14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (1868-9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005-291, s. 1.)


The above came from here: Chapter 42


Plus, you may be protected if this can be considered a retaliatory eviction. I'm not sure if complaining about the roads would qualify, as it normally has to do with habitability issues, but it's another possibility.


If you go to the above link, and use your search feature (control F), then put in "retaliatory" you will find the law regarding retaliatory evictions. It does say that you can't be evicted for organizing a group regarding tenant rights. Again, I'm not sure if organizing regarding fixing the road would qualify, but it would seem like it would.


Definitely contact a lawyer, though.

[oregonwoodsmoke]

If you are on month to month, the landlord doesn't have to have any reason for asking you to leave. So, I think you had best be looking for another place to move to. Roads, neighbors, divorce, affairs with other residents have nothing to do with it.

There might be a state law that makes removing a trailer from a rented lot different from removing a tenant from an apartment. So, I suggest that you look up that part of the law to make sure the landlord is removing you with proper legal notice.

Just curious. Does the entire road belong to the trailer park and to no one else? It is a private road, not open to the public? Unless it is a private road, owned entirely by the trailer park, just what did you expect them to do about the road?