What are our rights as a mobile home owner on a park that is being sold?

We own and live in a mobile home on a property owned by a person named Rod. This individual has been trying to sell the property we live on for a very long time and we had no idea. Not even when there was potential buyers. Then, 2 weeks ago, we were told that someone was potentially buying the property by the end of the month. So we asked some questions to see what was going to happen. The individual buying the property with 2 mobile homes and 2 RV spots wants every home off this property

at our own expense. We own a very old mobile home, it will cost much more than we can save up. There also is no place that has a spot open for us. The individual also offered up the other mobile home that someone is currently renting from the original owner. That is the only home not owned by the tenant but it is listed as it is. The pictures on the listing online are from more than 2 years ago. We are looking to sell the trailer but we don’t know our rights.

Asked on October 23, 2017 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Do you have a written lease for your space, which lease is for a definite term (e.g. a five-year lease) and which is still in effect (unexpired)? If so, the buyer cannot evict you in violation of the lease. Rod can only sell what Rod had: a property with a lease on it. The buyer therefore buys the property subject to the lease and has to obey it. But if you had an oral (unwritten lease), or a written lease which has expired, or a written "month to month" lease, your tenancy was month to month. That means that the buyer can give you a month's notice that he is terminating your tenancy; he does not need to rent to you forever. You will have to move your mobile home since you can no longer keep it there, unless you and the buyer voluntarily work matters out otherwise.


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