Jump to content


Photo

Mobile home on family land


  • Please log in to reply
2 replies to this topic

#1 Sparkles_0o

Sparkles_0o

    New Member

  • Members
  • 1 posts

Posted 23 November 2012 - 01:13 PM

A year ago, (in Alabama) I purchased a mobile home that has been situated on the family land since 1986. The wheels have been removed and a true roof added (relevant because it gives anyone who sees it the impression that there is no intent to move the home).

The title/registration is in my name and possession.
Sadly, my mother and her husband own the land and there is not a land lease agreement.

Unfortunately, I've been told to "move the trailer in 30 days" which worries me because I have a family and we do not have the means to do this.
It's hard to explain exactly what happened but the "eviction" is retaliation. We've done absolutely nothing to justify having to leave.

Now, granted, this may blow over. It's not the first argument and I'm sure it won't be the last. What I need to know is how to protect my family in this instance and if we make it through this debacle, what can I do to prevent my parents from using their ownership of this land against me each time we have a dispute?

Thank You for any advice!

#2 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 3,919 posts

Posted 23 November 2012 - 06:55 PM

I've been told to "move the trailer in 30 days" which worries me because I have a family and we do not have the means to do this.


I believe that you are covered by the Alabama Uniform Residential Landlord and Tenant Act - Title 35 - chapter 9A:

http://law.justia.co.../Chapter9A.html

Unfortunately 35-9A-441 allows that (in the absence of a written rental agreement or lease).

"The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice."

If you are not paying rent while you are living on the property, I don't think that matters because the other landlord tennat statute only allows for 10 days written notice:

http://law.justia.co...9/Chapter9.html

So, if you were only "told" instead of given written notice you can probably ignore what you were told. Also unfortunately, they'll probably figure out sooner or later that if they want you out they will have to give proper legal notice and go through the courts if you don't resolve your family issues.

Unfortunately, not having the means to move is not likely to prevent or delay the eviction if they really want you gone.

It's hard to explain exactly what happened but the "eviction" is retaliation. We've done absolutely nothing to justify having to leave.


The statute 35-9A-501 prohibits retaliatory conduct to a certain extent:

http://law.justia.co.../35-9A-501.html

But your family squabble doesn't fall under that so they can "retaliate" as much as they want and there's nothing illegal about it.


what can I do to prevent my parents from using their ownership of this land against me each time we have a dispute?



Write a lease and pay rent for the plot of land that your MH sits on. That's it.

If you expect them to let you live there for free you are subject to this kind of thing continuing to happen.

Frankly, you need to find some way of becoming independed of your mother and her husband because this kind of arrangement never ends well.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Guest_FindLaw_Amir_*

Guest_FindLaw_Amir_*
  • Guests

Posted 29 November 2012 - 01:44 PM

You may wish to visit the Real Estate Law Center as a good resource to learn more this subject matter.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users