I am in need of a referral for a Texas Attorney that knows mobile home parks. I have 2 small parks and recently had some need for legal advice and no one in my area seems to know the specifics of the MHP business.Thanks for any help.Tony Robertson
What kind of problem are you having? Different attorneys have different specialties.
1st) I have a lot tenant that is about 3 months behind. He claimed he was having financial troubles and would catch up this month. Last week I happened by and saw a Mobile home mover backed up to the house preparing to move it. I stopped the mover and ask him to leave my property. I just don’t know what my rights are as a park owner. Can I regulate which movers are allowed in my park. Were my actions legal in stopping the mover. 2nd) I currently have a home that was abandoned by the owner, the mortgage company now owns it. What measures can I take legally to put pressure on the mortgage company to sell the home to me.3rd) What are the legal issues concerning private posted mobile home parks and mobile home movers.Thank you
I think you don’t need a lawyer as much as you need free information from the Texas Manufactured Housing Association. On your first problem, your rights regarding the mover depend on your park rules. The only way you can block the mover is if you require an advance notice before the move. But you generally cannot restrict the tenant’s right to move the home. Most leases do not require a home to physically be on the lot, only that they pay rent for the land. We have tenants who rent lots for RVs and move out for months at a time while still paying rent. Be careful, as you could be breaking the law by restricting the move. Talk to your state MHA on that one. On the second problem, you need to send the mortgage company a Possessory Lien Notice. This forces them to either remove the home in 10 days or start paying you rent, with the rent secured by the home in the form of a mechanic’s lien. Again, you can probably get the form from the MHA. On the third problem, you need that information from the state MHA, as all state laws are different. In general, mobile home movers have to be licensed and bonded with the state, and you should have little issue with which exact mover is being used. Just be careful of getting into a case of denying the tenant their rights as they’ll sue you and win.