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Question by suziemouse: Leased Land ? Owned Home Community Double Standards?
I live in a place where I own the home and lease the land. To say the least, it?s odd, but I?ve been here 6 years.. Recently the management of the community has repossessed many of the homes (as many people foreclosed and/or abandoned their homes). Now the management has repossessed the majority of the homes in the park, leaving me and a handful of others as regular homeowners. Also I must note, us homeowners pay a ?leased land space rent?.. Here?s the problem? Typically when a home is sold in this park, the new buyer begins paying the rent that the previous owner had finished paying (example, if I move paying 9 a month, the new homeowner will begin at 9 with 3% yearly increase). Anyway, the management is not following that system for the homes that are in their possession and all for sale. They are beginning the space rent at a flat rate of 0 for single spaces and 0 for double spaces which have no 3% yearly increase for 3 years. But here?s the thing, as a homeowner in the community, if I sell my home, I cannot offer the ?flat rate with no yearly increase? the park is offering. I have to offer the rate at which I pay, which is nearly 0-300 more a month to begin with for the same size space? How can I compete>? I just had my home up for sale and the most common complaint was ?Why can?t I pay the rent rate for your house that the park is offering for the ones I buy from them??? So basically the management is preventing me from being able to sell my home. I am afraid I will have to abandon the house to the community as many others were deserate and forced to do? Is there not anything that can be done legally to prevent the community from maintaining a homeowner/management rent rate double standard? And I know that CA law does not prevent a landlord from charging two different tenants different rent rates for the same home / space size. It is whatever is originally agreed upon. But in this case, I am being prevented from selling my home as I cannot control the rent rate. Why would the community not offer the new buyer of my home the new ?flat rent rate? as it does for the homes they sell? They are really messing over the owners and I can?t even get a realtor to sell my home for me.. The realtor I did speak to said it sounded like the community management is breaking a real estate law..but she wasn?t sure.. Does anyone know more about this? Can I prevent this community from preventing me from selling my home? Also, they are not doing their real estate sales by the book. My neighbor was left with an 00.00 past property tax bill that the community ?forgot? to disclose at the time of sale? Does that sound illegal too? Don?t they have to perform a title search at the time of sale and provide it to the potential buyer? Whelp I guess I need to talk to a real estate attorney unless I can get one to answer all these weird scenario questions..
Best answer:
Answer by Landlord
There is no double standard.
They are saying they will set their property at whatever rate they want.
They are also saying that other people can not offer the parks property at the cut rate.
Since you do not own the land you are bound by the agreement you have with the land owners, what they do does not give you any rights aside from the agreement.
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