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Old 12-02-2008, 12:11 AM
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Landlord/Tenant Laws

I apologize if this may be in the wrong category....but I have some questions if anyone may be able to answer or explain about a rental agreement/rules and regulations I received today (first time in 5 years since I moved into this mobile home park. ohh, and I don't drink alcohol either!! lmao!)

Rental terms and conditions: #2. Upon entering into this agreement, tenant shall pay the sum of $_______ to be held as a security deposit for reasonable cleaning of, and/or repair of damages to, the lot upon expiration or termination of this agreement or other reasonable damages resulting from a default of tenant... Would this apply to a tenant who has been living in the park for 5 years already? Does this make sense?

General Provisions:

#1. No oral agreements or representations by the landlord, its agents, or the tenant shall be binding on either party. This agreement constitutes the entire agreement between landlord and tenant with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral and written, between landlord and tenant with respect to the subject matter hereof. The tenant shall be bound by this agreement and any other documents or agreements specifically incorporated by reference herein and made part hereof. The parties acknowledge that they are bound by the provisions of the park's rules and regulations and agreement provisions.

Does "supersedes" mean that if we, as a tenant, had an agreement with the "former" landlord about a rule or provision, that it is now canceled?

#3. The terms of this agreement and the incorporated rules and regulations and all rights and obligations hereunder shall be governed by the laws of the state of Tennessee. The agreement is deemed separable, so that if any sentence, provision or section thereof, or any part thereof, shall be deemed invalid, it shall not be deemed to affect the validity of the remaining provisions thereof. I don't quite understand this whole section, for one, this mobile home park is in MAINE! not in Tennessee!

Rules and Regulations:
#19. Default. 3. Non-waiver. Park is hereby expressly granted a lien according to law in every right, title and interest of the tenant on any manufactured home or improvement on or hereafter placed on the subject manufactured home lot, and on any and all furnishings, equipments, fixtures, vehicles, other personal property of any kind or type belonging to the tenant, including any equity interest of the tenant therein. This lien is granted for the purpose of securing prompt payment of all payments, charges, damages or claims herein agreed to be paid by the tenant and for the purpose of securing all other performances of tenants obligation.
Wow! I thought I just got done reading some mobile home park rules which stated that they could not list a rule that you had to give a park owner a lien on your property if you owed him/her money! Am I then reading #19 rule incorrectly?

#22. Attorney's fees and costs. 1. If the park employs an attorney to enforce any of the terms of these rules, including the delivery of notices to quit, the tenant agrees to pay reasonable attorney's fees for all such services performed, even if formal or legal proceedings are not commenced. Tenant shall also pay all costs and expenses incurred in enforcing these rules.

Does this mean that one would agree to pay attorney's fees and costs if one was taken to court for an eviction??

Wtf! feels like living in a concentration camp!! Believe me, If I had the money to move my home out of this park I would in a heartbeat!!

With or without answers, Thank You!
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