What type of lawyer do we need?

Melanie S

New member
My roommate and I live in a trailer park in Albuquerque, NM. She has lived here for about 6 years with her mother. Her mother passed away in February this year. Since then we have been living with her mothers boyfriend up until the Beginning of August when we kicked him out. Now the landlord has been picking at little things that need to be done right now. For example the skirting on the trailer needs to be redone (but its not nearly as bad as some of the others in the park, ours is the nicest looking one here). There has been a pop up trailer parked out front for the past 6 years and he is wanting it moved by the end of the week. This morning I wake up to him banging on the door (not knocking banging) telling me that there is to be no parties (which we have never had a party and don't plan to) and loud music, the pop up needs to be moved and we have to have the skirting done. My roommates mothers boyfriend is pretty good friends with our landlord and there was no problems before we kicked him out. We feel as if her mothers boy friend is trying to get us kicked out in revenge for us kicking him out. We also feel like he is discriminating us for being female and 21 years old. What type of lawyer should we talk to, and do you think that we have something here?
 
It looks like you have two problems. If your mother owned the trailer, you must get legal clarification on the ownership of the trailer. You will need clear title to the trailer if you ever plan on selling it, or if you need to take legal action, such as calling the police when there is a trespasser. You should really do this, even though it is going to cost you money. For that, you need an attorney who does estate or probate work.

If your mom was only renting the trailer, then you need to figure out who has the right to continue the lease. For that you need someone who knows real estate laws, and more specifically, landlord-tenant law.

What the landlord can make you do and whether that is fair in relation to what is required of other tenants/trailers depends on what the contract with the landlord provides - that is the lease. For that, again, you need someone who knows landlord-tenant law.

You may not need a specialist in each of those areas, as general practice attorneys should be able to handle both of these matters.

Even if you have clear title to the trailer and are the legal possessor of the rental space, it may be very expensive to take legal action against the landlord. Sometimes, all it takes is awareness by the aggravating party that you have the right to be there and that you know your rights. The local bar association can refer you to somebody who is capable of handling these matters.

If you cannot afford an attorney to do this, you may be able to find a legal clinic, whether run by a law school, or another organization that can help you. You might be able to get some information about their availability from a local public library or a law library.

Good luck!
 
Although your friend's mom probably owns the trailer there is most likely a lease agreement for rental of the property where the trailer is parked. If only your friend's mother's name is on that agreement, the landlord may be able to legally evict you.
 
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