Legal Question in Landlord & Tenant Law in California
I own a mobile home in Ojai, CA and have fallen behind my rent. I owe last month and this month. I have written letters to the management company letting them know about my financial situation and have shown proof of not having any money. I did receive a three-day notice for nonpayment of rent. I am only able to make partial payments. I called the management office letting them know that I would be able to make partial payments and I was told that they will NOT accept that. I don't want to be evicted. I want them to see that I am trying by making partial payments. Can I be evicted? And is there any way for them to accept partial payment.
This is an urgent matter and need your legal advice.
Thank you!!!!
1 Answer from Attorneys
I am sorry to say that you cannot force them to accept partial payments, and once the three day notice has expired - which I assume it has - you have only the balance of sixty days to either sell your home in place and pay the rent from the proceeds of the sale, or remove your home from the park. Unless you can come up with the full amount of rent owed, AND can convince the park owners to accept it (they are not required to do so after the three day notice expires), you are almost certainly moving one way or another. Check with the County to see if there is any form of rental assistance available to get you out of this situation. The park owners have very little incentive, and no legal requirement to work with you because if you are evicted and the home is not moved, they can actually acquire title to your home for the past-due rent. You need to find a way immediately to come up with the past due rent and convince the landlord to accept it and let you stay. If you have no ability to pay future rent, then you need to sell the home. If you receive three 3&60;day notices in 12 months, they can give you a straight 60 day notice to move, and you cannot do anything about it except pull your house out and move somewhere else.
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