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Illegal Rental - told to move immidiately

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  • Illegal Rental - told to move immidiately

    Virginia

    My husband and I rent a room from a lady that owns her own mobile home but rents the lot in a mobile home park. We moved in June 23rd on a month to month verbal lease and are paid in full until August 1st. We have been informed by the owner of the mobile home park that according to the homeowners lease with the mobile home park roomers and boarders are not allowed and are being told that we need to move immediately. The owner of the mobile home has been issued written notice by the park owner that she is in violation of her lease and that we need to move immediately. What are my legal options since this has turned out to be an illegal rental. Can the park owner force us to move immediately since according to her we have no legal right to be on the park premises? Can we be charged with trespassing? Both my husband and I are disabled and are fighting for disability at the moment. We do not have the financial means to simply up and move immediately. I have attempted to look up the rental laws in Virginia but I'm reading that in some cases Landlord Tenant laws don't apply if the Landlord doesn't own multiple properties.

  • #2
    Re: Illegal Rental - told to move immidiately

    The property owner can issue you a trespass ban and have you arrested. Any recourse for damages is against the mobile home owner who illegally sublet..
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      Re: Illegal Rental - told to move immidiately

      Originally posted by renter in VA View Post
      Virginia

      My husband and I rent a room from a lady that owns her own mobile home but rents the lot in a mobile home park. We moved in June 23rd on a month to month verbal lease and are paid in full until August 1st. We have been informed by the owner of the mobile home park that according to the homeowners lease with the mobile home park roomers and boarders are not allowed and are being told that we need to move immediately. The owner of the mobile home has been issued written notice by the park owner that she is in violation of her lease and that we need to move immediately. What are my legal options since this has turned out to be an illegal rental. Can the park owner force us to move immediately since according to her we have no legal right to be on the park premises? Can we be charged with trespassing? Both my husband and I are disabled and are fighting for disability at the moment. We do not have the financial means to simply up and move immediately. I have attempted to look up the rental laws in Virginia but I'm reading that in some cases Landlord Tenant laws don't apply if the Landlord doesn't own multiple properties.
      I concur with Disagreeable. The mobile home owners had no right to sublease to you, you can be charged with trespassing. If there are no other options like relatives, then consider temporary shelter. Apply through your county's Social Services for temporary housing until you are in a better position to rent a place of your own.

      Comment


      • #4
        Re: Illegal Rental - told to move immidiately

        Does the fact that I have internet turned on in my name at this residence have any effect on the matter?

        Comment


        • #5
          Originally posted by renter in VA View Post
          Does the fact that I have internet turned on in my name at this residence have any effect on the matter?
          Absolutely zero.

          Comment


          • #6
            Re: Illegal Rental - told to move immidiately

            If your home is illegal, you are not required to pay any rent, but your landlord can still evict you. Your landlord cannot, however, recover any rent you did not pay. Further, you are entitled to payment as relocation assistance to obtain another home. Consult with an attorney before you do anything.

            Comment


            • #7
              Re: Illegal Rental - told to move immidiately

              I spoke with a legal aid attorney this morning and this response is to those that said I could be arrested and charged with tresspassing. I cannot be arrested, I have a lease and a legal right to remain in the home until August 1st as my rent is paid through to then. Also the stipulation of no roomers or boarders in an owned home is an illegal stipulation. Please be sure you are accurate in the information you give to people coming here for help.

              Comment


              • #8
                Re: Illegal Rental - told to move immidiately

                I suggest you call that lawyer and ask him if your lease gives you the right to trespass on mobile home parks property to go too and from the trailer when you have been advised not to trespass. Then ask him if he will come bail you out of jail when you get arrested. I presume you were not using a helicopter for entry and exit?
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  Re: Illegal Rental - told to move immidiately

                  I have a legally binding lease with my landlord, the park manager cannot deny me access to a home i have a legal right to be in. i also called the local sherrif's office and they confirmed the same. The manager of the park cannot do anything to me, her only recourse is against the owner of the mobile home and since the violation she is claiming is an illegal stipulation the manager of the park does not have a legal case.

                  Comment


                  • #10
                    Re: Illegal Rental - told to move immidiately

                    You go with that theory. See you when you bail out.

                    See the following which can apply. Ask your "lawyer" about them.

                    § 55-248.19. Use and occupancy by tenant.
                    § 55-248.20. Tenant to surrender possession of dwelling unit.
                    § 55-248.31. Noncompliance with rental agreement; monetary penalty.
                    § 55-248.31:01. Barring guest or invitee of tenants.
                    § 55-248.33. Remedies for absence, nonuse and abandonment.
                    § 55-248.37. Periodic tenancy; holdover remedies.
                    Due to a recent promotion, I should now be referred to as Major Obvious.

                    I would not be trying to provide information and knowledge if I did not sympathize.

                    Some days it is just not worth chewing through the restraints to face life.

                    Comment


                    • #11
                      Re: Illegal Rental - told to move immidiately

                      Wow some of you here are really full of yourselves. Implying I haven't spoken to a lawyer and posting statutes that quite frankly have absolutely nothing to do with my situation. I'd love to know where you think abandonment applies anywhere to my case.

                      I'll be sticking with the advice from my lawyer and my local sheriffs office who have also confirmed I cannot be arrested and do not have to leave prior to the date my rent is paid up till. I'm quite certain the sheriffs dept. would know more than ya'll as to whether or not I would be arrested since they are the ones that would be doing so.

                      Comment


                      • #12
                        Re: Illegal Rental - told to move immidiately

                        So you know everything including how those statute do or do not apply. Don't listen and roll the dice. It is no sweat off my back if you are or are not arrested. Anyone breaking the law can be prosecuted. Obviously not all of them are or people would get a ticket each time they speed.
                        Due to a recent promotion, I should now be referred to as Major Obvious.

                        I would not be trying to provide information and knowledge if I did not sympathize.

                        Some days it is just not worth chewing through the restraints to face life.

                        Comment


                        • #13
                          Re: Illegal Rental - told to move immidiately

                          And you know more than the sheriff's? Don't think so. I have been flat out told that in Virginia this is a civil matter between my landlord and her landlord, they will not get involved until a court order is issued by a judge, period.

                          I'm done discussing this with keyboard warriors who think they know more than the law enforcement officers that would be responding to the matter should the park manager contact them. Have a nice day.

                          Comment


                          • #14
                            Re: Illegal Rental - told to move immidiately

                            I suggest you review the trespassing laws for your state foolish poor person that lives in someone elses trailer. The law only limits the landlord from requiring a fee or registration from invitees. It does not prohibit trespass warnings and charges.

                            §55-248.45

                            § 18.2-119. Trespass after having been forbidden to do so; penalties.

                            Originally posted by renter in VA View Post
                            And you know more than the sheriff's? Don't think so. I have been flat out told that in Virginia this is a civil matter between my landlord and her landlord, they will not get involved until a court order is issued by a judge, period.

                            I'm done discussing this with keyboard warriors who think they know more than the law enforcement officers that would be responding to the matter should the park manager contact them. Have a nice day.
                            Due to a recent promotion, I should now be referred to as Major Obvious.

                            I would not be trying to provide information and knowledge if I did not sympathize.

                            Some days it is just not worth chewing through the restraints to face life.

                            Comment


                            • #15
                              Re: Illegal Rental - told to move immidiately

                              I am not sure of the law in your state, but do you have anything in writing from the owner? You have a good case if your utilities/bills are all in your name. I would start looking for somewhere else and make some calls to community action groups to see if financial aid or assistance is available to prevent homelessness.

                              Comment

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