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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Our Landlord is refusing timely payment of rent. We hear that

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Our Landlord is refusing timely payment of rent. We hear that we need to file something with the Court within 90 days regarding this refusal. If we do need to file something, what is it? We live in a mobilehome park in Van Nuys, Calif.. Thanks.    P.S.: We have been mailing our payments to the Landlord via certified mail, registered receipt requested, each time payment is refused by the on-site manager. Our payments are being returned, delivery refused. No reason is given us for the refusal.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 5 years ago.
That's a real twist on the usual landlord-tenant rent problem!

The only logical thing I can think of that would explain a landlord's refusal to accept rent payments is an intention to evict you from the park. Although you have been given no specific reason for refusal of your rent payment, are you aware of any general plan on the part of the landlord to upgrade the park? Or possibly sell it?

Are you on a lease or a month-to-month tenancy? How many payments have been refused?
Customer: replied 5 years ago.
The Landlord wants to evict us to close the park, and avoid relocation fees. We are on a month-to-month agreement. He refuses rent, then starts charging late fees, then when in Court, he offers to let us stay if we can pay the rent (including the late fees). By collecting these late fees he is circumventing the rent control laws in Los Angeles. If we pay, we stay, and then later he starts refusing payments again, then adding late fees etc.. I am really trying to find out about a filing of some sort pertaining to refusal of timely rent that I heard we need to do within 90 days to save us from eviction. Is there one? If so, what is it called? He has refused the September and now the October rent. I have lived here since 1982 and have never been late, and have the documents to prove it. He is a fairly new owner who bought the park in 2006, and all of a sudden is refusing to accept everyone's rent (13), except for 3 tenants. Sorry to say you responded with questions rather than an answer to my question.   
Expert:  Jim Reilly replied 5 years ago.
I have reviewed the California mobile home laws and see nothing new that would relate to a 90 day time limit for anything you have to do to avoid eviction.

The landlord cannot impose or collect late fees for payments which are timely offered and refused by the landlord and no court would order payment of such late fees if you can prove that your made payment in a timely manner. Placing the payment in the mail prior to the due date is sufficient to prove payment, even if not accepted by the landlord. If you do this by controlled mail (registered, as you have done), then his refusal to accept does not make your payment untimely. Once you provide proof to the court, you should be neither evicted nor required to pay any late fees.

If he continues to refuse to accept payment, you could file a lawsuit to compel him to accept the payments in a timely manner. Short of that, there is no special procedure for accomplishing your purpose.

I responded initially with questions, rather than an answer, so that I would understand your situation fully and could give an appropriate answer. I thought that better than trying to guess at your exact circumstances and giving an incorrect answer.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 3 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you Run Tam 38! Your answer to my question was exactly what I needed to know. Your help is greatly appreciated, and I will tell all my friends here in the park to ask for you. Thanks again.

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