Eviction Notice from Mobile Home Park Owner in Delaware

[Lailah]

I actually have 2 questions and I'm not sure if I should post them together or make a separate post for each but for now I'll post them together.

1. My 22 year old son lives in a Mobile Home Park in Sussex County, Delaware. His home is paid for but he has a month to month rental agreement on his lot. He's lived there almost 3 years and until now his rent has been paid every month. In September he started getting behind in his rent but he made some partial payments. (He lost 3 jobs within 6 months). He made a partial payment in October and so far no payment in November. Rent is due the 1st of the month. November 18th the landlord filed for eviction. He's asking for the rent due through November and possession. The total amount is $590 + $40 court costs. The Court Date is December 9, 2010. My question is if he pays the rent and court costs before the court date can the landlord still evict him over the rent?

If my son is evicted he will not be able to afford to remove his mobile home from the property. Because it was an older home when it was purchased the landlord said he would not allow it to remain in the trailer park if it was resold again. If he's evicted and doesn't remove it then the landlord will have it torn down and hauled to the dump. Can he charge my son for this cost?

In addition to the above problem my name is on the lease with my son. In October before my son had lost his last job I had sent a letter to the park office requesting that they remove my name from the lease. The reason I was on the lease to begin with was I purchased the home for my son and his ex wife. We had an agreement that they would make monthly payments on it and I had intended to put a lien on the home. The landlord stated if I held a lien then I had to be on the lease.

Well, I never did get around to putting my name on the lease. After my son lost his second job this year I got worried about where things were headed. Because I'm disabled and can't work I don't have the money to pay his rent if & when he can't. So, I stated in the letter that I wanted my name removed from the lease, explaining the reason it was there to begin with was because I financed the home and I stated that I had no lien on the title and had released my son from the debt. I also said that if my son were to default there was no way for me to pay because of my disability. Because I'm housebound my husband delivered the letter and the secretary told him that she couldn't remove my name unless my son came in and had it done. I requested my son go have my name taken off but he never did it.

It just seems to me that since I don't own the home or live in it that they shouldn't be able to refuse to remove my name from the lease. Now that the rent is delinquent I suspect they have more grounds to refuse removing my name but it was not delinquent when I made the original request. If the rent is caught up can they still refuse to remove me? And if so what can I do about it?

To be honest I'm mostly worried about myself here. My son has developed an opiate addiction and it is the root of his problems. I just want my name off the lease whether he is evicted or not because I have no way pay his bills and mine also. Don't misunderstand me. I'm concerned about my son too, but I know paying his way even if I could afford to do so would be helpful to him in the long run. It would just enable him to continue on the destructive path he has taken. He is in an outpatient rehab program now but I have the feeling he's not doing to well with the program.

I hope this all makes sense and I would appreciate any advice about how to deal with the eviction and getting my name off the lease. Right now I'm hoping that if my husband and I pay the past due rent before the 30th (only 2 days) that they will take my name off the lease before December's rent becomes due too. Thank you, Lailah

[sunlover]

If the Landlord accepts rent then eviction is void. However i doubt he will do that at this point. Your question is pointless unless landlord accpts rent which he does not have to do at this point. If your son is evicted (very likely) he should seek to sale home and get whatever he can. I have seenthis before where a Mobile home tenant was evicted and home owner sold Mobile home (even for scap) to get some monies. Your son has no leverage on this.
Far as lease goes until lease expiration neither party has to agree to modification of lease. This means they do not have to remove your name. In fact its wise for them to keep in on there as they can seek their monies from either you or your son and thus recoup thier loses