Mobile Home Park Security Deposit

[Christina Potosnak]

We have a crazy situation going on and need some thoughts from those that may have experienced this (doubtful). I will do my best to make this as short as possible. We have a MHP with lot rent only. An Investor owned the majority of the units in our park. He gave us 30 days notice and paid lot rent for Oct. He sold the mobile homes and immediately wanted his security deposit back. I told him we have 30 days from "move out" to return the deposit. I spoke to the new owner and told him all the homes had to be moved by Oct 31 or he would have to sign a new lease. I kept tabs with the county to confirm when moving permits were issued. As of today, no permits were issued AND they have moved 2 homes off the property. Since they did not have permits to move the homes, I can't rent that spot to anyone else. They won't be able to get a moving permit, since on paper it looks like something is still on the lot. To add to it, they are leaving the lot a mess with blocks and other materials left behind. I notified the county and they placed a stop work order that will hopefully get these guys to fix everything. But in the mean time, today is the last day of the lease for the previous owner. I want to charge lot rent back to his security deposit for each day the lots are not empty, and charge back any clean up fees for trash left behind. I am not asking for legal advice, just curious if anyone out there would do the same.