Who bears cost of releveling on a rented lot? & other issues

[mhbratt]

I began to notice that recently the door to my son's bedroom & his closets are not closing properly. I suspected that it might be a leveling issue, so I wrote a letter to the park management. She sent me a response advising that she would prepare a "work ticket" and someone would come check it out. A man did come take a look at it a few days later, without so much as a courtesy call first. I showed him where the problem was and he proceeded to check the level throughout the home. My son's room is the only room that is not level and it sits at the front right corner. Then he went under the house and said it looked good underneath, relatively dry, given all the rain we've had here in Maryland these past several weeks.

This home sits atop a pretty steep hill and a couple of years ago I noticed a problem with a trench beginning along the right side of the house at about the point that it starts to decline and called management about that issue. The owner himself came by to take a look at it and said he'd have it taken care of within a day or two at the most. At first he tried to say it was because I needed to clean the gutters. Much to his surprise that was not the issue at all. His crew came by the next day and ended up installing no less than 4 very long French drains to help move the water down the hill and away from the foundation. The cost of this work was at his expense and I was billed nothing. Mind you I don't think I should have been anyway as I don't own the property, only the home that has been sitting on in since 1983 (new). My home didn't cause that issue and certainly hasn't caused the current settling issue either, but they sent me an estimate of about $350 to relevel the house, barring any unforeseen circumstances.

I bought this home in Sept. 2007 and it is my responsiblity to maintain it to not only to their standards but mine as well. Since I don't own the property it sits on why should I have to pay for the releveling that was caused by the land and not my home? Although, it is not a huge expense so far, it would be hard for me as I am disabled and living on a limited income. But, it needs to be done before it causes damage to my home.

As an aside, I find the owner to be an arrogant, greedy jerk. Last year a 30' tall tree that sat right in front of my home was felled by a storm. Thankfully it didn't hit my home. His crew came by within a couple of days to cut it up and remove the tree leaving a 3' high stump, which I was told would be removed within a few days after they finished with the more pressing fallen tree issues. That was never done. I've called, I've written and all to no avail. Last Spring when the owner came by for the annual inspection, I asked him directly about removing the stump. He told me not to worry about it as it was "his" property not mine. Yep, he did. So not only have I lost the beauty of that blossoming tree, but the added benefit of keeping the house cooler and shaded in the summer. Now I have a hideous 3' high stump in my front yard, with branches forming out from it, and shoots starting up from the roots that run along the yard as well. I could care less what happens to his property at this point and will now only do what most around here do to their lawns, NOTHING, but mow whatever grows. I turned this barren, crabgrass ridden piece of HIS property into a healthy, lush lawn and surrounded it with flowers that bloom year round and at considerable expense to me. None of that phased him at all. As hard is it would be on me physically to have to move again so soon, and certainly not what I planned to do when I bought this home, the added stress of maintaining it for someone else to profit from is offensive to me. So as soon as I can sell it (even at a loss) that will be done.

I apologize for the rambling, just venting my frustrations with this whole situation. So who do you think should bear the expense of the releveling?

Many thanks.

[fredcdobbs]

If your just looking for opinions..... Your responsibility, if your your looking for some law, well it's probably easier and cheaper to pay for the relevel. Your house and your support system, his dirt.I would say that most houses will need a re-level or 2 or 3 sometime during the life of the home. Soil compaction and bearing capacity will have an effect on settling especially with pier and pad systems. Unless a dirt owner causes the actual settling of the home, it's a maintenance item.

[David Oxhandler]

Unless there is a clause in your rental agreement specifying otherwise the park owner is renting you space to install and enjoy your home.

Settlement is not a failure of the ground, but caused by the weight of the home compressing the earth below it.

All structures settle out of level. Wood framing, brick, steel, concrete... none are exempt from the laws of gravity. We are able to measure how much the Empire state Building settles into the rock bed of Manhattan Island every year. I'm sorry to tell you that the responsibility for re-leveling your home is yours.

Please keep in mind that this is a serious problem that you should not put off too long. While you may not see a big problem at the moment, the longer the home is out of level the more stress is being applied to the structure.

The cost you were quoted id not unreasonable. Get prices from at least three different licensed manufactured home installers. It is important to use licensed contractors. Lifting your home and adjusting the foundation system is not a do-it-yourself week end project and should not be trusted to anyone that is not licensed, insured and bonded.

By getting at least three price bids from different contractors you can be assured when each is within the same price range that you are getting a fair market price.

Don't just take the lowest price. Ask for the list of services that will be performed in writing with the price. Also ask that any usual extra charges be listed. For example; if a block is found to be cracked and needs to be replaced what is the price per new block, a additional new pier if one is needed?

When each goes under the home to look the job over ask if they would please also let you know if they see ANYTHING under the home that looks like it might need to be fixed. Better to know going in everything you might be looking at then to find out after they start.

[mhbratt]

Thanks for the input. I don't have an issue per se with the $350 estimate so much as it is the open ended language "if home needs to be jacked up, or other work performed there will be additional cost." I'm not writing them a blank check.

It gets better folks. Further research indicates that the park and it's owner were sued successfully in a class action case involving amazingly enough the very installation that simply put is/was woefully inadequate but "lack footings under each pier below the frost line, ground anchors which utilize either a stabilizer plate or a concrete cylindrical collar, or does not have anchoring equipment that is capable of resisting an allowable working load equal to or exceeding 3,150 pounds and capable of withstanding a 50% overload (4,725 pounds)" etc.

The Class Action Plaintiffs used the testimony of Roy Bonney (manufactured housing expert)? could it be the same R.T. Bonney that represents this very website?

The park owner and insurer fought for years against this case.

This home was installed in this very park brand new in 1983 and has never been moved and falls within the scope of the lawsuit. My purchase was in 2007 and I was not advised by the former owner or the park of this issue. Which in and of itself I find reprehsible but not at all surprised.

So I will be seeking guidance from the firm that handled the case regarding the releveling of my home.

Thanks again.

[mhbratt]

Just an update on this horrendous situation.

Further investigation shows that I am in fact a Class Member, of which there are hundreds of us. The attorneys that handled the Class Action suit have all the documents on their site which includes a Claim Form to be filed by 10/2011. I just filed mine. But clearly waiting until then or later is hazardous the the very structure of my home. So we shall see.

More interestingly I pulled all the documents relating to the sale of this home to me and lo and behold NONE of this was disclosed by the seller or the park as their agents. They can't claim they didn't know about a law suit that they were in the very midst of when I made my purchase. Clearly I was defrauded and continue to be. To date the park never even mention the structural issues, law suit etc., to me in any fashion. This is called "FRAUD"

As if all this isn't enough we have now also discovered that the deck that was built by the former owner with the acknowledgement of the park's owner was done so without any of the building permits required by Maryland statute. None of the 4x4's are installed into the ground with concrete. A couple of those posts no longer even touch earth since it has since erroded away due to the slope of the lot. This is a major dangerous hazard to me and anyone else who accesses the deck.

This is what happens when you deal with an unscrupulous, greedy owner. I have just begun this fight, and I have every belief that I will win.