How much notice does a landlord have to give you to move your property if you own the mobile home but rent the land?

UPDATED: Sep 7, 2011

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How much notice does a landlord have to give you to move your property if you own the mobile home but rent the land?

We had a lot of trees fall in the land that we rent. Two of the trees hit our land and fence. Landlord told my husband that if he didn’t have the trees removed by today that we had to move our home off his land. Also, he said that if he moved the trees that we had to pay him. I thought that any damage to the land was his responsibility. We have always paid our lot rent on time and kept the yard clean and mowed. If anything couldn’t we sue him or his insurance(which I don’t think he has any insurance) for the damage done to our home and fence. We have no written lease.

Asked on September 7, 2011 under Real Estate Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have no written lease setting forth the obligations owed to you by your landlord and vice versa concerning the rental of the land that your mobile home is on, under the laws of most states the landlord wishing to end a lease with a tenant must give at least thirty (30) days written notice to the tenant for the lease's temination with a set move out date down the road.

Typically a landlord is responsible for the upkeep of his rented land absent a written agreement with his or her tenant to the contrary.

I sense that the trees that need to be cleaned up will be somewhat expensive to do and this is why the landlord is pressing you to do the clean up work as opposed to himself or herself.

As to damages done to the mobile home and your fence as the result of a storm, you have no legal basis for the action in that any damages result from acts of nature. If the landlord has insurance on his property, you might consider putting in a claim for property damages but most likely your damaged property as opposed the the landlord's will not be covered.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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