QUESTION
What kind of defense may I present for an unlawful detainer?
Asked on Apr 08th, 2016 on Landlord and Tenant Law - California
More details to this question:
I purchased a mobile home in a trailer park from my boss around 5 years ago. He never gave me the title. I left the mobile home park when I purchase my home 2 years ago but I kept paying the rent because I wanted to sell it or rented. I never did any of that because despite several requests, my boss (trailer home park owner) refuse to give me my ownership title. Last December, almost after 2 years of paying rent without living there, almost $10,000, I decided not to pay rent any more until I get my title. The landlord sued me for unlawful detainer. Can I counter sue him?
1 ANSWER
Yes, but you will probably need to have the advice if not representation of a local real estate attorney. You will want to counter sue to quiet title [get a declaration you own the home] and the costs you have incurred because title was not transferred. There may be a problem if he sold the trailer to you as an individual and he runs the park under a different name. However, even though he did give you title, I do not think that necessarily means you did not have to pay rent and are subject to eviction. Why did he never transfer title to you?
Answered on May 16th, 2016 at 5:41 PM