Saratoga Springs, NY asked in Landlord - Tenant for New York

Q: Can I be evicted from mobile home park based on alleged false answers on application over a year and half ago

Used parents’ address as my legal address during prison term on application; after paying for a background check to be performed, which I eventually passed and was approved to sign a lease. My third lease this year they refused to enter into after offering me the lease to sign.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: The legality of eviction from a mobile home park based on alleged false answers on an application can vary based on state laws and the specifics of the lease agreement.

Generally, if the lease agreement or park rules explicitly prohibit providing false information on an application, and it can be proven that false information was indeed provided, this could potentially be grounds for eviction.

However, the fact that this occurred over a year and a half ago and you have since been approved for and signed multiple leases might complicate the situation. It's also relevant to consider whether the information in question (using your parents' address during a prison term) materially affected the approval of your application. Legal proceedings for eviction often require the landlord to prove that the tenant violated the lease terms.

Given the complexities of such cases, it would be prudent to seek detailed legal advice specific to your situation, including an examination of your lease agreement and the laws of your state. Legal representation might be necessary to navigate this issue effectively.

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: New York State Law requires the landlord to offer a renewal lease if your mobile home park has three or more manufactured homes. https://hcr.ny.gov/summary-new-york-state-manufactured-home-park-tenants-rights-under-section-233-real-property-law

No rent regulation exists for tenants in parks with less than three other homes. If so, a landlord does not need a reason to end the tenancy. https://www.nysenate.gov/legislation/laws/RPP/226-C

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.