Q: Can the owner of a mobile home park charge an additional monthly fee/rent if it is not defined in the prospectus?
Let's say that Jim has moved back to his childhood home on lot 42 and the owner of the mobile home park now considers him an additional occupant. He charges lot 42 an additional $110 in rent. That amount nor the definition of an additional occupant is noted in the prospectus. The park owner does not own the mobile home. There is no lease. Jim contests the fee in writing , but the owner does not reply. "How can I be an additional occupant since I once lived here", he states. The owner waits 90 days and hits lot 42 with the fee. Is this legal? Jim has paid the extra fee for over a year now. Nobody at lot 42 received a copy of the prospectus. Does Jim have any legal recourse to get his money back?
A: No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction. Whether or not the eviction would be successful would be a guess at this point.
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