Can she legally do this?

Question

My mom has a rent to own contract with a couple on a trailer. Now the couple selling her the trailer don't own the land that its on, another woman does. Apparently they have no lease with her, They are allowed to rent on a month to month basis. Well apparently the owner of the land has contacted the owners of the trailer to inform them that she want the trailer moved by the end of the month... that's in what almost 2 weeks... any way, my question is can she legally do that. I was under the impression that by law she is required to give a 30 written notice... Am I right or does it vary by state, we're in NM? Who should have to pay to move the trailer... the owners or my mom? Thanks for your help in advance!

Answer 1

I'm guessing legally it depends on how the rent to own contract is worded.  If your mom doesn't technically own the trailer how can see be expected to pay to move it.  Most rent to own contracts I've seen state if the person buying the house decided not to by they lose the money they put into it which would make me believe they don't "own" the place until it is paid in full.  Sorry I can't help but these are some things to question.

Answer 2

Your mom should have signed an agreement with whoever owned the land.  That's what my husband and I are doing.  We are doing a contract for deed with one lady, and renting the lot from the park office here.  Being there was no contract between her and the landowner, the landowner is under no obligations to her.

As for who should move the trailer...I don't know.

Answer 3

The owners definately have to pay to move the trailer because they still own it by lease ,even though your mother is still making payments for it. I'm in N.Y.C and the laws out here have to always be directed by the judge. If that is N.M. law also which I think it is because it's still in the U.S. you'ld have to go through civil court which is very time consuming to your advantage. Go through the courts, that would legally keep you there for a few more months, remember it's still that other lady's land. Good luck!!!

Answer 4

You'd have to ask an attorney that question.  Land use laws very from state to state.

I could be wrong but, since it's her land, she can pretty well do almost anything she wants with it (as long as it doesn't violate public safety or other prohibitive laws).

Again, length of time for a notice - varies from state to state.

Answer 5

I don't know about a 30 day notice requirement in NM, but the owner of the land absolutely has the right to tell her to remove the trailer. Time to be looking for a new site!

As for who has to pay, that would depend on what the contract between your mom and the sellers of the trailer says. Be prepared that it will be your mom, though. She's the one living there (I assume).

Answer 6

Try this:

http://www.rentlaw.com/newmexico.htm

You should also try calling some lawyers.  Some lawyers offer free consultations as a way to generate business.  Many times you can get the background info you need for free, or get some idea about how to solve your problem without spending a lot of money.  

Answer 7

yes legally they have 30 days to move.