[NY] I own a mobile home park, and a former tenant sold her trailer without the required approval. What can I do?
Hello. I own a mobile home park in upstate N.Y. I had a former tenant sell her trailer without approval from the mobile home park. The new purchasers of the trailer were not approved to move into the mobile home park. The new purchasers do not have permission or a lease and will not be given one. I have not collected any rent or money from them yet.
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In New York, an owner always has the right to sell. However, as the mobile home park owner, you have the right to approve or deny anyone taking possession of the home or living on the property.
If they attempt to move in, you can file a civil claim against the original owner for breach of contract, and file a civil eviction action against the new owners.
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Hello. I own a mobile home park in upstate N.Y. I had a former tenant sell her trailer without approval from the mobile home park. The new purchasers of the trailer were not approved to move into the mobile home park. The new purchasers do not have permission or 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 who were not approved to move into the park. Should I be suing 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 the unauthorized trailer sale.
Yes.
Jessica B
Thank you for choosing AskALawyer! My name is Jessica, and I am a licensed attorney who will be assisting you with your question. I’m reviewing your information and will provide a response shortly.
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 just making repairs on it. The trailer is not habitable right now.
Also, I feel that my former tenant who sold the trailer without park approval is to blame. Correct?
Jessica B
Okay. Did the new owners submit their application, and do you have proof of why they don’t qualify?
Yes. Bad credit history — and they’re not nice people. Very troublesome personalities.
Jessica B
Have you provided them with written notice that their credit score doesn’t meet the park’s requirements, the same as other approved owners?
Yes. They were told “no” well before they bought the trailer and not to buy it, but they did it anyway. They’re literally ignoring what I told them and trying to bully their way into the park.
Jessica B
Okay. Did you send them a copy of their credit and background check?
Yes, I did.
Jessica B
The original owner is allowed to sell the home, but the new owner is not allowed to move in if they have not been approved by you.
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
In New York, an owner always has the right to sell. However, as the mobile home park owner, you have the right to approve or deny anyone taking possession of the home or living on the property.
If they attempt to move in, you can file a civil claim against the original owner for breach of contract, and file a civil eviction action against the new owners.
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 the months of uncollected rent from them? It’s been about 14 months.
Jessica B
Yes, you can.
Okay. Any other suggestions or advice?
Jessica B
It’s best to hire a local real estate attorney to handle this type of lawsuit with the court. They can help with filing the breach of contract claim and eviction action properly under New York’s landlord-tenant and mobile home park laws.
Okay. Will do. Thank you for your help!
Jessica B
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