I am trying to evict a drug dealing, junk collecting, non paying tenant in a toh in NY State. We got to court and the tenant named a habitability issue she had not informed me of. Her electrical feed between the meter and her panel failed. My rules specifically state my responsibility for electric stops at the meter. Her legal aide pro bono lawyer insists it’s the park owner’s responsibility. I am predicting when I get her to court again the attorney will file a motion to dismiss naming among other things this habitability issue. To defeat the motion I will need to cite legal precedent from a higher court. So, does anyone have knowledge of court decisions up holding an owner of a toh bears responsibility for their home and utility connections? She says she’s had no power since October. Now it’s February and the ground is frozen.
WOW… How long have you owned this Park, and what steps have used to get rid of her, before you toke her to court? The best case scenario in my opinion, would to offer her some move out cost paid before going to court. I don’t know if you done that. I am looking to buy in NYS, but at the same time, scares me to hear cases like yours. Good luck!!!
I wouldn’t let my problem scare you. Mhps can be a great way to build wealth, especially if you weren’t born rich. A great way to pick your self up by your boot straps. When you look at parks to buy, just like buying a home, you reduce your offer by the cost to fix defects. My crappy tenant is a defect. Paying her to leave is an option. Kicking her and her pro bono’s asses in court appeals to me more and would be cheaper.