ASK A LAWYER - Is Tenant Liable For Sewer Lines

Orlando Sentinel, August 4, 2008

Question: In the seven years since moving into our manufactured home, my wife and I have had problems with our sewer line. According to the park’s plans, the line was supposed to follow the lot’s borders, but ours goes 52 feet into our neighbors’ lot.

Tree roots have repeatedly caused the line to clog, and the roots are in my neighbor’s yard. We rent the land on which our home sits, and our lot agreement says nothing about ownership of the sewer line. Nevertheless, the park’s owners say I’m responsible for the repairs. Are they right?

R.M.
Port Orange


FRANK POHL
Pohl & Short, P.A.

Answer:Generally speaking, the tenant of a manufactured home is responsible for the costs to maintain and repair its sewer lines. You can check to make sure by contacting the Division of Land Sales, Condominiums and Mobile Homes, in Florida’s Department of Professional Regulation, which oversees mobile-home parks in Florida. There should also be information about who’s responsible for the sewer lines in your park’s rules and regulations, which should be posted.

Bottom line: You cannot dig up your neighbors’ property without their consent. If you cannot obtain their cooperation, and the park owners refuse to cooperate, you may wish to bring this matter to the attention of the Division of Land Sales, and also to your local Health Department.

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Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.