Preemptive Leases - A word from the Coalitions's Legal Department

Home Page 2011 Regional and State Meeting  PAMHOA/ PA COALITION 2010 Regional Meeting Report. Why a Home Owners Assoc? Forming a HOA President's  Message  HB 1767 A Letter to Legislators ACT 80 Signing a NEW lease OUR HISTORY THE FUTURE WHAT is the REAL DEAL? Dispelling the Myth AMBUSHED – BAMBOOZLED – ROBBED Uniform Law Commission Meets TIME TO ACT 2011 RESOLUTION Residents write to Legislators CONTACT US New Legislation March 7, 2014 - Press Release



A mobile home resident shall only be evicted for any of the following reasons:


    (1) Nonpayment of rent.
    (2) A second or subsequent violation of the rules of the mobile home park occurring within a six-month period.
    (3) If there is a change in use of the park land or parts thereof.
    (4) Termination of mobile home park. 

 

Refusing to sign a lease is not listed as a cause for eviction - if ultimately (within a reasonable time) you expect to come to an agreement. 

It is believed that so long as a person pays their rent and obeys the park rules, they cannot be evicted. 

 

IT IS THE OPINION OF LAWYERS WORKING WITH THE COALITION THAT FROM LEASES SEEN SO FAR THERE ARE PROBLEMS WITH THOSE LEASES. THERE ARE INSTANCES OF TAKING AWAY OR REQUIRING RESIDENTS TO WAIVE THEIR RIGHTS AND OTHER TERMS RESIDENTS SHOULD NOT ACCEPT. IN ANY EVENT RESIDENTS ARE ADVISED NOT TO SIGN A NEW LEASE WITHOUT OBTAINING A LEGAL REVIEW.  A NEW LEASE IS A NEW CONTRACT,  NOT A RENEWAL, AND MAY BE SUBJECT TO NEGOTIATION BETWEEN THE PARTIES. 

 

People might not want to categorically refuse to sign a lease.  That's a perfectly reasonable position.  What people can say is that they want time to read and think about the lease and to discuss it with whomever they choose, whether that is a family member, tenants association, or attorney.  People have a right to bargain about the terms of a lease.  They have no obligation to sign something on an immediate take-it-or-leave-it basis without adequate time to consider what they are signing.  A lease is a contract.  A contract is supposed to result from an agreement, a meeting of the minds, not the imposition of terms by one party against another.