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2006-10-26 21:08:03 · 7 answers · asked by avatar 1 in Business & Finance Renting & Real Estate

Herman sold his modular home to his daughter. Without knowing this i rented the trailor under the impression Herman owned it. He evicted me and is now taking me to court for dameges, etc. Can he legally sue me for damages when the unit isnt even in his name or his name anywhere on the paperwork?

2006-10-26 22:35:00 · update #1

7 answers

You need to bring the evidence that shows he doesn't own it to court. The Assessor or the Clerk can provide that, in the form of a tax bill, or the most recent deed on the property.

Guessing that you are in small claims court without lawyers, the judge will probably give him a chance to explain. If he says he filled out the papers wrong but that he's the manager and can be the least credible, he'll get a chance to fix the documents and the suit will proceed. If his explanation makes the judge think the conveyance was to beat a creditor or partner or the government out of some money, he'll throw the case out.

By all means raise the issue, but don't hang your future on it.

2006-10-26 23:44:10 · answer #1 · answered by open4one 7 · 1 0

Do you have an felony checklist of the lease?. regardless of if that's a six month or a twelve month settlement, have they broken the settlement?, via no longer giving notice?. have you ever good data of the damages and the cost of maintenance?. Have they paid you all the lease? if no longer you're entitled to maintain the bond. have you acquire any character references on your tenants?, in the event that they're undesirable human beings or have claimed previously, locate out?. Have the case not on time, it may take months to get to a small claims courtroom regardless of if that's a scam, then it extremely is going to end them doing it to somebody else, in the event that they do it back you have grounds to the two have the case brushed off or counter declare. How became the lease paid? housing income or did they have jobs?. in the event that they're unemployed they might purely get felony help, get your self a solicitor that deals with housing disputes, it will be properly truthfully worth the money!. One final component while you're a scummy penny pinching landlord! i'm hoping you get what you deserve!! and then some!. If no longer good luck and examine up on the ppl you lease to next, and get a perfect settlement drawn up and placed the deposit in a central authority scheme.

2016-11-25 22:57:05 · answer #2 · answered by duffield 4 · 0 0

Evidently, Herman's daughter did not transfer the title into her name and it is still in Herman's. So you need to check into that. If the Trailer is still in his name and the daughter had not paid for it all , then legally Herman is the sole owner. Yes, he can take you to court and make you pay for all that he has listed. Even the trailer park rent. If he is the caretaker of the Trailer, then he can still take you to court and sue you for damages. Somehow Herman is either owner or custodian. He can do that, even in his daughter's behalf.

2006-10-27 09:13:27 · answer #3 · answered by Norskeyenta 6 · 0 0

How could he have legally evicted you in the first place? There's more to this story, I'm sure, that you're not disclosing. Does he manage the park the home sits in? Did his daughter designate him her rental agent? That must be it. He's probably done this all legally, just be prepared to pay for damages.

2006-10-27 00:36:06 · answer #4 · answered by Barbara 5 · 0 0

If he is acting as an agent for his daughter, he can certainly rent it on her behalf.

The claim for damages would need to be in her name, but you aren't going to get out of this over a technical error. All he has to do is amend the complaint to include her name.

2006-10-27 05:36:42 · answer #5 · answered by BoomChikkaBoom 6 · 0 0

I would say he can if someone has him appointed to take care of it for them. Just a guess. Why do people do that? I had a wonderful old house, all fixed up, better than where I live - and people take it upon themselves to ruin it??? You would think they'd be grateful...

2006-10-26 21:16:24 · answer #6 · answered by mabell1025 3 · 0 0

I know there is a question hideing in there somewhere..............

2006-10-26 21:10:44 · answer #7 · answered by MC 7 · 0 0

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