How much notice does a landlord have to give you to move your property if you own the mobile home but rent the land?
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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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 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.
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