Rights of purchaser

[sm]

As a park owner in Florida we sent notice to current residents in 2000 that we would not be accepting any new residents and that if they ever decided to leave the park, that they would be responsible to have their mobile home removed.

At the time of the notice there were 16 residents and now there are just 6. No resident complained about the notice and all have abided by our wishes.

But the last mobile home owners to leave the park sold their mobile home to one person who stated that he would be moving the mobile home out. But now he has sold the mobile home to another man who just happens to be an owner of four other mobile home parks.

This man originally agreed to move the mobile home to one of his other parks, but is now attempting to sub-rent the mobile home within our park. He does not have a rental agreement with us, but states that we have no right to force him to remove the mobile home from our land.

Lawyers for both sides are in disagreement with the rights of eachothers clients. My question is, can a purchaser claim to have the rights of a tenant even if no rental agreement exists?

[Chrissy Jackson]

It is my understanding that there is such a thing as "implied lease" but I am not sure if it applies to a homeowner who is not living in the home. My best suggestion to you is to follow this through with the lawyer. And - please be on top of whatever kind of notice you can give to the new owner of these homes.

[sm]

There are statutes which permit a purchaser to assume the remainder of the rental agreement of the previous owner and to become a tenant of the park, but both are subject to the approval of the park owner.

The rental agreements are month to month so the purchaser's right to the remainder of the previous owners term ended before he even notified us that he had purchased the mobile home. And his attempt to become a tenant fails because of our decision to no longer accept new residents.

This purchaser is ignoring his failure to gain approval for tenancy, yet continues to show the mobile home to perspective renters. His unspoken, yet clear intent is to gain the rights of a tenant so that he may have right to challenge any "Change of land use" that may be applied for in the future and be able to offer to purchase the park.

Sounds like a real nice guy, doesn't he? I wonder how he gained ownership of his other parks?

[Mark]

Sounds to me like the original owner is responsible for removing the home from the park, whether he sold the home to someone who sold it to someone else isn't the matter at hand, the owner was responsible for removing the home.

Going to depend a lot on how your notice was worded and if you have proof that it was recieved.

[Pamela Pelzer]

Pamela Pelzer
P.O Box # 482
Walterboro ,SC 29488
e-mail [email protected]
Phone 347-418-7495



Dear Customer Service
Can you mail out a application and e-mail a application to purchase a vareity
of moblie homes ,If you have a internation permit/license application ,Please e-mail asap and mail a copt to:

Pamela Pelzer
P.O B ox # 482 Walterboro ,SC 29488
347-418-7495

Thanks ,
Pamela Pelzer