Visitor Question

Sink hole in mobile home park…

Submitted By: Anonymous (St. Petersburg, FL Pinellas County)

What happens when you rent the lot your mobile home is located on and a sink hole forms?

Who would pay for damages and or repairs? Since the renter does not own the land, is the park owner responsible?

This may include but not limited to the cost to move, repairs if possible, or the liability to buy you out of your mobile home. Any info you could give would be appreciated.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You pose an interesting legal question. The first thing you should do is read your lease agreement. In it may be a clause designating whether the landlord or tenant is liable for maintaining the property their mobile home is situated upon.

It is more likely the landlord is responsible for the sink hole. He or she has a legal “duty of care” to keep the land rented to tenants safe, and free of harm to all tenants.

Apparently the sink hole is dangerous. The landlord would be well-served by taking care of your moving expenses now. If he or she waits much longer and your mobile home becomes damaged, or in the worst case scenario, you or a family member become injured, the landlord may be looking at a lawsuit which could ultimately end up costing thousands of dollars more than if she paid your moving expenses.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 30, 2011

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2 thoughts on “Sink hole in mobile home park…

  1. I live in a CFR Park. At This Point There has been no injury or damage to my carport, my driveway has been cracked seriously. I rent the property and own my home. I called management two times. The first time he sent out a maintenance man who covered it with sand. He had obviously told him it was just erosion.

    I called Management the 2nd time and he went by his employer saying it was erosion. It goes at least six feet under my driveway, to the side and I have cracks all in my driveway. Since I moved here the park has gutted my driveway to the right. My neighbors have a sprinkler that hits right at the same place.

    I just want to know who is liable. I plan to take pictures of the sand shifting below. The ground has been soft for the last year.

  2. States have rules for mobile home parks (I retired as a manufactured homes broker). Your state law will dictate what takes place. But you are in the right, they will put you up in a motel while they fix the hole and repair your home.

    The insurance company for the park should contact you within 48 hours to assess the damages. You should be protected 100% here. Good Luck.

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