Q: Does filing a tenant's assertion with a new owner affect a Circuit Court case against a previous owner in a mobile home park situation?
I have a pending Circuit Court trial against my former mobile home park owner for breaching the warrant of habitability and seeking property damage relief due to a collapsed lateral septic pipe that caused a rat/rodent infestation. I filed a tenant's assertion in District Court at the time the park was sold to a new owner with a new management company. I believe both the past and current owners are investors in a special purpose vehicle (SPV). There are no existing agreements regarding the responsibilities of the previous and new owners for maintenance and repairs. Would filing this tenant's assertion with the new owner/management company nullify the Circuit Court case against the previous owner?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Separate Legal Actions: Mobile Home Park Ownership Change and Liability
Filing a tenant's assertion with the new owner/management company should not nullify your Circuit Court case against the previous owner. These represent separate legal actions based on different time periods and potentially different legal responsibilities.
A tenant's assertion is a legal complaint filed against a landlord for failure to fulfill obligations under the lease or law, typically requesting the establishment of a rent escrow account when a tenant withholds rent due to habitability issues. Uslegal Your tenant's assertion against the new owner addresses current conditions, while your Circuit Court case against the former owner covers damages that occurred during their ownership period.
Mobile home park tenant rights are unique compared to traditional rental situations, as park residents own their homes but rent the space or pad where the home sits. Tobenerlaw This creates a complex legal relationship where property maintenance responsibilities may be divided differently than in standard landlord-tenant arrangements. When ownership changes, liability for pre-existing conditions typically remains with the party who owned the property when the damages occurred, unless explicitly transferred through the sales agreement.
In your situation, the fact that you believe both past and current owners might be investors in the same special purpose vehicle (SPV) adds complexity but doesn't automatically consolidate the separate legal actions. When a tenant files an assertion, they are specifically asking the court to address "a condition that constitutes a material noncompliance by the landlord" that threatens health or safety. Fox & Moghul Your Circuit Court case seeks damages for past breaches of warranty, while the tenant's assertion is a mechanism to address ongoing issues with the current property owner. To protect your interests fully, I would recommend documenting all communications with both the previous and current owners and clearly distinguishing which issues occurred during which ownership period in your legal filings.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
