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Maybe forced eviction Eviction Defense

Discussion in 'Other Residential Landlord & Tenant Issues' started by vincectec, Aug 30, 2013.

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  1. vincectec

    vincectec Law Topic Starter New Member

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    I own a mobile home in Sunnyvale, CA. A forty+ year old tree, planted before my tenancy, has caused damage to the sidewalk on my space site and also damaged my mobile home casing it to become un-level and in turn preventing my door from being unable to be closed. The park management says that the tree must be removed and that I am responsible for the cost of removing the tree and repairing the sidewalk. The California HCD says that the park owner is responsible for the cost of tree removal. Can the lease agreement supersede the law? They also want the mobile painted, but it was deemed by professional painters to be in good shape, not requiring painting. I feel that this is an attempt at eviction for the purpose of obtaining my rental space to place a new mobile mome on it. There are two manufactured home companies known to be in close concert with the mobile home park.
     
  2. mightymoose

    mightymoose Moderator

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    This is silly. You own your home, not the space it sits on. The owner of the property is responsible for the tree, and possibly for any damage the tree causes to your home. Hopefully you have insurance that will cover damage as well.
    Your solution is a simple one. Go on with life as you choose, and if you are presented with some silly bill just decline to pay it.
     
  3. disagreeable

    disagreeable Well-Known Member

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    I doubt any damage to her home will be covered. Leveling a mobile home takes 1 floor jack, 1 level, 2 idiots, 3 blocks of wood and about 30 minutes, in addition to some various shim materials. Reasonable duty to mitigate damages clearly applies IMO.
     

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