Legal Question in Real Estate Law in California

i own my manufactured house and the office i pay the space rent to is asking me to vacate due to oct payment bounced. i paid them on time but they did not try to withdraw funds until the begining of nov. funds were not available at beginning of month because of pending transactions. the office has forwarded my paperwork to their attn. stating that i must vacate by the end of nov because of the bounced check.


Asked on 11/06/09, 10:08 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, they cannot simply "ask" you to leave. I assume you live in a land-lease manufactured home community, in which you rent the land but own the home? If so, then you are covered by the Mobile Home Residency Law (California Civil Code �798, et seq.). You should receive a printed copy of that law from the park owner or his managers at the beginning of each year. The landlord is required by law to provide it to you. At �798.56, the code provides when a tenant may be evicted from the park (technically, you AND your home are being evicted) and provides for the notices that must be given in that case. For a failure to pay rent (and, regardless of what happened, if you presented a check that later bounced, you did not pay your rent on time - you should have kept sufficient funds in your account to cover the check until it cleared), you must be given a written three day notice to pay rent, and a sixty day notice to "quit," or surrender possession of the space. When you receive that three day notice, you have exactly that - three days in which to pay the rent. If you fail to pay the rent within those three days, then you have the balance of sixty days to move yourself and your home from the park. At that point, if you have not, then the landlord can file an unlawful detainer lawsuit and evict you and your home from the park. If they have not given you the three day notice, or you are in the three day period, pay the rent to them immediately, and without any deductions or anything less than the full amount due. They MUST take the rent if you tender the full amount before the three day notice expires. If you do not, you may have no defense to being evicted, and will lose your tenancy in that park.

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Answered on 11/11/09, 1:20 pm


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