What to do about a lease that may be invalid?
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What to do about a lease that may be invalid?
I am buying a trailer from a neighbor and we have a contract. We are behind on a payment and she is trying to evict us. However, the contracts with the lot office says there is to be no subleasing of property on there lots. So it seems to me that she can not kick us out because the contract with her would be void. Do I have any right to stay in the trailer since we are making the lot payments? We been living here for almost 6 months.
Asked on October 15, 2011 under Real Estate Law, Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although the agreement that you have with the neighbor for the trailer that you are buying may not be allowed by the management of the property where the trailer is located, the agreement you have is not void.
If you are buying the trailer from the neighbor, the neighbor cannot kick you out of the mobile home because you are behind on a payment. What the seller can do is sue you for the balance owed or foreclose upon any security for any promissory note concerning your obligation to buy the trailer.
If you are current on the payment to the owner of the area where the mobile home is located for rent of it (or to the person who you are subleasing the space from) there is no basis for you to be evicted. You have every right to stay in the trailer so long as you are current on its rent.
Good luck.
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