Consumer Law, Warranties attn: dee dub

[melles]

Ok let me see what you think. I had the mobile home lease to own contract and they have 25 months left on it. They have decided they dont want it anymore. I believe my only chance is to sue them for breach of contract. I would like to take it small claims court and at least get the money it would cost to move it and to get it back to rentable condition. Is this within reason? They called and told us when they were through with the home we could come get it. Do we have to let them have it as long as they want it since they are still paying the monthly rent? Thanks so much for your time. Melissa H.

 

[dee_dub]

Disclaimer: I don't know what jurisdiction you are in, and odds are I don't know what the specific laws are in that jurisdiction anyways. So take this with a grain of salt. Maybe mobile home lease-to-own contracts are governed by a special statute, maybe they're governed by your local residential tenancy laws, that say something different.

They have decided they dont want it anymore.... They called and told us when they were through with the home we could come get it. Do we have to let them have it as long as they want it since they are still paying the monthly rent?

You might consider that to be what is called "anticipatory breach". They have let you know they do not intend to complete the contract. You may be entitled to accept that as a breach and treat the contract as terminated. In that case, you don't have to let them have it as long as they're paying rent. You are under no further obligation to them.

I would like to take it small claims court and at least get the money it would cost to move it and to get it back to rentable condition. Is this within reason?

I don't know. What does your contract say about your remedies in case of breach? Was there a damage deposit? Maybe you're limited to keeping that.