One of the oldest tricks in the book of landlord - tenant disputes,
is for the landlord to return the tenant's rent payment and
not accept the rents due. Here is how it works!
You
pay your rent to the park manager/owners the same way you have
done for years. A few days later, your rent check or money is
returned to you with the "landlord" refusing to accept your
rent due. This continues for two months or so, then you receive
your "60 day notice" of eviction for NON-PAYMENT OF RENT DUE.
The
park owner then increases the monthly space rent in hope that
you will sell your home and move to escape the "hassle" and
eviction notice. Then the owner makes a "windfall" profit by
increased income without increased expense. One other trick
is to hope you sell - with no buyer for the older home at the
high space rent - the park buys your home at a very low price
- less back rent makes it a rental unit owned by the park. This
removes the new tenant from the protection of the Mobile Residency
Law and any rent control, as this is now park owned rental housing
(double renting.)
Here
are the steps of the eviction process for your information:
1.) Eviction Notice (60 day notice.)
2.) Unlawful Detainer filed in court (actual civil suit.)
3.) Service of Summons and Complaint.
4.) Challenging of the complaint.
5.) Your answer - response to the court.
6.) Judge sets the case for trail.
7.) Court trail and decision on the issues of the case court
decision and order.
Now,
what to do if you, or someone you know, has their rent refused
by the landlord. Immediately go to your bank and open a new
joint checking account with you and the landlord. Deposit your
"refused rent" in the account. Notify the landlord by mail (get
proof of mailing from Post Office) of the name of the bank and
the account number. Be sure to do this within the period the
rent is due. Having done all this your RENT IS PAID under the
California Civil Code section 1500, and you can not be evicted
for nonpayment of rent.
Thanks
to Jackie Pendergrass, President of EMPAC, for providing the
information
for this article.
Disclosure...
