[NY] [NY] How do I handle an unauthorized tenant in a trailer park?
I own a mobile home park in upstate New York. I had a former tenant sell her trailer without approval from the mobile home park.
The purchasers were not approved to move into the mobile home park. They do not have a lease and will not be given one. I have not collected any rent or money from them yet.
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Ok the owner is allowed to sell the home but the new owner is not allowed to move in if they have not been approved.
If they attempt to move in then you may file a civil claim against the original owner for breach of contract and file a civil claim for eviction against the new owners.
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I own a mobile home park in upstate New York. I had a former tenant sell her trailer without approval from the mobile home park.
The purchasers were not approved to move into the mobile home park. They do not have a lease and will not be given one. I have not collected any rent or money from them yet.
Lexi, Chatbot
I understand the situation with the unauthorized sale of the trailer. Have you taken any steps to address this issue with the new purchasers?
Yes. I've told them on many occasions, even before they actually bought the trailer from my former tenant. My former tenant sold the trailer to these non-approved trespassers, that were not approved to move into the park. Should I sue my former tenant for selling these people the trailer under false pretenses? She also knew that these people were not approved and sold it to them anyway.
Lexi, Chatbot
Have you reviewed the lease agreement with the former tenant to see if there are any clauses regarding unauthorized sales of the trailer?
The former tenant was on a month-to-month lease, but the park's standard lease clearly says that if the tenant plans to sell their trailer, "ALL BUYERS AND TENANTS MUST BE APPROVED FOR PURCHASE OR TENANCY."
Lexi, Chatbot
Is there anything else the real estate lawyer should know before I connect you? Rest assured they'll be able to help with unauthorized trailer sale.
Yes
Jessica B
Thank you for choosing Justanswer! My name is Jessica, and I am a licensed attorney who will be assisting you with your question. I am reviewing your question and will be providing a response momentarily.
I am so sorry you are having issues with your park. Do the new owners not meet the qualifications to move into the park?
Hello Jessica, thank you for your help! No, the new purchasers do not meet the qualifications of the park, and will NOT be receiving a lease. They have not occupied the trailer. They're making repairs on it. The trailer is not habitable now. Also I feel that my former tenant who sold the trailer without park approval is to blame. Correct?
Jessica B
Ok so the new owners submitted their application, and you have proof of why they do not qualify?
Yes. Bad credit history and not nice people. Very troublesome personalities.
Jessica B
Have you provided them written notice their credit score does not meet the requirements of the other owners who have been approved?
They were told no, well before they bought the trailer, and not to buy the trailer, and they did it anyway. They are literally ignoring what I told them and trying to bully their way into the park.
Yes. I sent them a copy of their credit and background check.
Jessica B
Ok the owner is allowed to sell the home but the new owner is not allowed to move in if they have not been approved.
If they attempt to move in then you may file a civil claim against the original owner for breach of contract and file a civil claim for eviction against the new owners.
Yes. the owner can sell the home to an approved buyer only. She was well aware before she sold it to these people.
Jessica B
No, in New York, an owner always has the right to sell. You, as the owner of the park, have the right to approve of the owner taking possession of the home.
You will have the right to file a civil claim if the new owners attempt to move into the property.
Just to confirm.... I can sue my former tenant for breach of contract? I know I can file for eviction with the unauthorized buyers, but can I recover all of the months of non collected rents from them? It's been about 14 months?
Jessica B
Yes.
Ok. Any other suggestions or advice?
Jessica B
It is best to hire a local attorney to handle this type of lawsuit with the court.
Ok. Will do. Thank you for your help!
It was a pleasure chatting with you. Have a great day Jessica! Chao!
Jessica B
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
Yes, Will do. Thank you.
Jessica B
Thank you.
Jessica B
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