Can someone else be responsible for my late charges on my lot rentalifI sell my mobile home?

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Can someone else be responsible for my late charges on my lot rentalifI sell my mobile home?

I own the mobile home that I live in but I rent the lot. I got behind on my rent a year ago and the owner of the park kept adding up late fees which I understand (my rent was $200 and I now have $700 in late fees). Il’ll have no problem paying as soon as I sell this mobile home. I have a prospective buyer but when she called the landlord to get approved for the park he told her that I was behind and that she had to take the $700 off the price she owes me and send it to him(which is also not a big deal). But he told her that if I don’t pay that and she moves in she will owe the $700.

Asked on February 5, 2011 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer is yes and no...the lot owner cannot force the other person to pay in the sense that he cannot sue her for not paying; there is no cause of action against her. On the other hand, he does not have to rent to her--he's free to decline to rent to anyone you sell your home to unless you pay any amounts owed. The landlord can do this to put pressure on you to pay the money. So while the landlord cannot sue the prospective buyer to recover the money, he can say that he will not rent to the new owner, if that person bought from you, unless you clear up the debt. If the landlord does agree to rent to her, then he cannot later try to recover the money from her unless she assumed the debt in some way--thought note that if the new buyer took assignment of your lease from you (rather than getting a new lease from the park), she would be subject to all existing debts under that lease, since in that case, she has assumed them.


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