A man rents out his trailor,evicts the tenant, takes tenant to court for damages, when he doesnt legally own?
Answer:
You need to bring the evidence that shows he doesn't own it to court. The Assessor or the Clerk can provide that, in the form of a tax bill, or the most recent deed on the property.
Guessing that you are in small claims court without lawyers, the judge will probably give him a chance to explain. If he says he filled out the papers wrong but that he's the manager and can be the least credible, he'll get a chance to fix the documents and the suit will proceed. If his explanation makes the judge think the conveyance was to beat a creditor or partner or the government out of some money, he'll throw the case out.
By all means raise the issue, but don't hang your future on it.
I know there is a question hideing in there somewhere......
I would say he can if someone has him appointed to take care of it for them. Just a guess. Why do people do that? I had a wonderful old house, all fixed up, better than where I live - and people take it upon themselves to ruin it? You would think they'd be grateful.
How could he have legally evicted you in the first place? There's more to this story, I'm sure, that you're not disclosing. Does he manage the park the home sits in? Did his daughter designate him her rental agent? That must be it. He's probably done this all legally, just be prepared to pay for damages.
If he is acting as an agent for his daughter, he can certainly rent it on her behalf.
The claim for damages would need to be in her name, but you aren't going to get out of this over a technical error. All he has to do is amend the complaint to include her name.
Evidently, Herman's daughter did not transfer the title into her name and it is still in Herman's. So you need to check into that. If the Trailer is still in his name and the daughter had not paid for it all , then legally Herman is the sole owner. Yes, he can take you to court and make you pay for all that he has listed. Even the trailer park rent. If he is the caretaker of the Trailer, then he can still take you to court and sue you for damages. Somehow Herman is either owner or custodian. He can do that, even in his daughter's behalf.
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