Legal Question in Landlord & Tenant Law in California
mobile home
i had bought a mobile home in san jose .for the past couple years my girlfriend and i were doing good.but in the mid of the year of 2008 hour landlord has been giveing us problems with send us letters stating that are lot is not clean. send us pictures of everything wrong. i had just had a newborn son.an also had a truck accident. an i got laidoff from work do to the economy.now she wont except are rent check.what can i do.
1 Answer from Attorneys
Re: mobile home
I assume, from the description of what the manager has been sending you that you are in a mobile home park. Every year you should be given a copy of the Mobile Home Residency Law (California Civil Code � 798, et. seq.). That describes for you the rights and obligations you have living in a mobile home park. Also, the lease you signed when you moved in will address rights and obligations as a tenant. Finally, you should have received Rules and Regulations for the park. Essentially, what your landlord is doing is exercising his rights under the Mobile Home Residency Law to enforce your compliance with the park Rules and Regulations which, almost certainly provide that you must keep the space you lease in clean condition, landscaping must be kept up, etc... Most Rules and Regulations I have reviewed also contain a provision which prevents storage of anything on the space unless it is in the home, or in a storage shed. If you fail to clean up the space, the management can enter onto your space, clean it for you and then bill you for the cost. They will add it to your rent, and if you cannot repay that, they will serve you with a three and sixty day notice to pay or move your home out of the park. When you say she will not accept your rent check, you need to explain that a little more clearly - did you already receive a three and sixty day notice? If so, and you try to pay the rent after the three days have expired, then you no longer have a legal right to pay the rent and keep your home in the park, You now have the balance of sixty days to move your home out of the park. The only other option is to sell the home before the sixty days is up, and then it can stay. You need to ask for mercy from the manager - ask them to allow you to pay the rent and stay. If not, you need to put your home up for sale immediately, or you risk losing it. If you don't sell or move the home by the sixty days, you will be evicted, and the park can lien the home for unpaid rent and storage and can own the home in about 45 days. Its in your best interest to get it sold, or make a deal with the landlord immediately.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.