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mobile home lot Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by wspegal, Apr 26, 2002.

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  1. wspegal

    wspegal Law Topic Starter New Member

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    My husband and I bought a mobilehome in 1995 and moved it into a mobile home park soon afterwards. We have lived in the same space since, although we do hope to buy some property of our own someday. When we rented the lot, the landlords told us that they were not going to rent the lot that is next to us anymore, although I can't remember their reason. Well, that winter he rented it anyway, and since then there have been about 5 or 6 different people in there. We have never had any trouble with anyone that rented that space until recently. The landlord rented the space to people with a double wide trailer...the space is actually only large enough for a travel trailer, which is what he had been renting it out to previously. The trailer is so close to us that we hear them walking through their home, yelling at each other, their t.v. at night, there are vehicles in and out all day long. They burn wood in the winter for heat and the smoke drifts into our bedroom window. There things are all annoying enough, but something we figure we have to live with, and so we have never complained about it. But the people themselves are practically impossible to get along with. It started when my 11 year old nephew (who lives with us as well as his twin sister) came in upset because the neighbor had threatened to break his bicycle. My nephew and a friend had been making a jump in the road to drive thier bikes over. They left it in the road and the neighbor was angry about it. My husband confronted him for treatening our child, and we thought things were smoothed over. We told the kids no more jumps in the road and nothing else was said. Then about a month or so ago, my husband and I went into town to rent some movies and buy pizza to bring home and left the kids home. The kids all said the neighbor knocked my nephew down because he was shooting a bebe gun. I was livid at the thought that he had touched my child, so I called the sheriif's department rather than confront them ourselves. This was settled, we thought that everything was smoothed over...then the kids came in this weekend saying the neighbors were threatening to beat my husband up because he was driving too fast through the park. A couple of weeks before that the neighbor was in his yard with a 22 rifle threatening to shoot another neighbors dog. My mother-in-law's car which we had borrowed was backed into by someone that was parked in their yard .... we knew nothing about it until the next day...whoever did it just left. There are people in and out all day long...I have heard one of the people who frequent the place sells pot. My 10 year old step son visits on weekends, and his mother says he is so afraid of the neighbor that she has to make him visit us. I feel like I need to protect my home, but just don't know how to go about it. I want to be smart about it...should I document things? If so how? I feel the landlord is at least partially responsible for this problem as well. Any advice would be deeply appreciated. WJS
     
  2. jon_

    jon_ New Member

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    You might want to send a letter to the landlord stating that he has created the situation by allowing the tenants next to you to breach upon the quiet enjoyment of your property. This doesn't mean he couldn't rent the adjoining property, only that allowing what is happening is interfering with your reasonable ability to enjoy what you are renting. You should also state the other items that would probably be in breach of the lease. If the landlord does nothing, you may want to withhold rent and then move since the situation won't change. If he tries to sue you for rent, you bring the letters into court regarding the landlord's breach of the lease. You might also want to send at least a follow up letter that also states the landlord's breach and your need to move from the premises.
     

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