Fulton Trailer Park Complaints

8 years 1 month 3 weeks ago Tuesday, May 25 2010 May 25, 2010 Tuesday, May 25, 2010 11:03:23 AM CDT May 25, 2010 in News

John Hughes rents trailers.

Ada Mulkins lives in one of those trailers with here 22-year old son who is on dialysis. 

Ada said she was unaware just how bad the trailer was.

"We've been misrepresented," said Mulkins.

Mulkins' trailer had no running water, leaking windows, and black mold that was covered by wall paper when she moved in.

When Mulkins approached the owner about repairs, John Hughes, she said he kept putting her off until he told her that it is not his responsibility.

In a telephone message left with KOMU 8, Hughes said by the terms of Mulkin's lease she's the owner of the trailer despite paying rent.

Hughes said, "Miss Mulkins has purchased that trailer on a lease-to-own contract, and part of her responsibility on this lease-to-own purchase agreement is all the maintenance of the mobile home itself."

Because Mulkins agreed to an option to eventually purchase the trailer, Hughes said the rent was more like mortgage payments, and the renter more like a homeowner.

Also, expressly written at the top, the lease says the trailer is taken as is, with no guarantees.

KOMU 8 showed the lease to Daniel Beckett, a lawyer in Columbia. He disagrees with Hughes.

"Ada is merely a tenant right now, she has not exercised her desire to purchase the property," said Beckett.

Beckett said that, in a lease-to-own contract, the renter does not own the  house until he signs a separate agreement finalizing the sale.

That means the law still holds Hughes responsible for upkeep.

"If he's the owner of this mobile home, he's [Hughes] the landlord," said Beckett.

But Beckett said there is one defense for Hughes.

Mulkins had the chance to look at the trailer prior to signing.

In the lease there's a section where Mulkins could have listed any prior defects the owner would be responsible for.

She left it blank.

But Missouri law still puts the landlord at fault in cases like this.

Beckett said Hughes is in breach of the implied warranty of habitability.

The case King v. Moorehead, (Missouri Court of Appeals, Kansas City District, 1973), set the precedent a residential landlord must provide a home that's safe and livable on day one.

"It has to be freefrom danger, it has to be in a sanitary condition, it can't affect thegeneral welfare or safety of the tenant," said Beckett.

Becket says the implied warranty of habitibility presumably trumps the language of the lease.

Mulkins says she contacted Health and Senior Services but officials there would not comment or confirm her case.

More News

Grid
List
CALLAWAY COUNTY - Callaway County Sheriff's deputies will continue to patrol the Little Dixie Conservation Area Sunday night and into... More >>
8 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 9:10:00 PM CDT July 15, 2018 in News
COLUMBIA- Ragtag Cinema showed the World Cup Final against France and Croatia Sunday on its movie screens free of charge.... More >>
9 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 7:53:00 PM CDT July 15, 2018 in Continuous News
BOONE COUNTY - Two cities in Boone County have higher numbers of traffic stops involving minorities, according to an annual... More >>
10 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 6:56:00 PM CDT July 15, 2018 in News
(CNN Money) -- Amazon has successfully invented a new shopping holiday, and it's set to capitalize on the rewards. ... More >>
12 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 5:19:00 PM CDT July 15, 2018 in News
KANSAS CITY (AP) — Authorities shot and killed a man suspected of shooting three Kansas City police officers, a newspaper... More >>
16 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 1:34:00 PM CDT July 15, 2018 in News
CHICAGO (AP) — Footage from body cameras and surveillance cameras shows that a man who was shot and killed by... More >>
18 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 11:07:56 AM CDT July 15, 2018 in News
JEFFERSON CITY (AP) — A proposed ballot initiative aims to replace Missouri's system for drawing state legislative districts with a... More >>
19 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 10:46:43 AM CDT July 15, 2018 in News
OMAHA, Neb. (AP) — The amount of water being released into the lower Missouri River will likely remain above normal... More >>
19 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 10:27:00 AM CDT July 15, 2018 in News
MORGAN COUNTY - 37-year-old Brett Davidson of Clarksville, Tennessee was pronounced dead after drowning in the Lake of the Ozarks,... More >>
19 hours ago Sunday, July 15 2018 Jul 15, 2018 Sunday, July 15, 2018 9:53:00 AM CDT July 15, 2018 in News
COLUMBIA- Senator Claire McCaskill and Attorney General Josh Hawley both met with supporters and volunteers Saturday at each of their... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 10:43:00 PM CDT July 14, 2018 in Continuous News
JEFFERSON CITY - A 17-year-old from Jefferson City will be competing at the CrossFit Games in Madison, Wisconsin, in August.... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 6:50:00 PM CDT July 14, 2018 in Sports
COLUMBIA - House hunters are looking beyond Columbia due to a lack of middle-income housing in the city. Realtor... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 5:00:00 PM CDT July 14, 2018 in News
(CNN Money) -- Microsoft has helped innovate facial recognition software. Now it's urging the US government to enact regulation to... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 3:22:00 PM CDT July 14, 2018 in News
COLUMBIA — Seven cases of cyclosporiasis in Missouri may be linked to eating McDonald's salads, the Missouri Department of Health... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 2:33:00 PM CDT July 14, 2018 in News
PHILADELPHIA (AP) — The U.S. homeland security secretary said on Saturday there are no signs that Russia is targeting this... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 2:20:00 PM CDT July 14, 2018 in News
(CNN) -- A paragliding protester hovered within surprising proximity of President Donald Trump on Friday night as the president admired... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 1:38:05 PM CDT July 14, 2018 in News
ST. LOUIS (AP) — Some Missouri nurses will soon be able to take advantage of a pilot program that allows... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 11:00:00 AM CDT July 14, 2018 in News
(CNN) -- If movie-streaming seems like Goliath, Blockbuster video store owners are an industry's Davids still fighting to keep the... More >>
1 day ago Saturday, July 14 2018 Jul 14, 2018 Saturday, July 14, 2018 8:29:00 AM CDT July 14, 2018 in News
Columbia, MO
Broken Clouds 73°
6am 73°
7am 74°
8am 78°
9am 82°