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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I live in a mobile home park that is corporate owned through

Customer Question

I live in a mobile home park that is corporate owned through a company called Encore.
They are trying to evict my boyfriend from this park due to what they say is unacceptable background check. We have tried to prove that the background check they have is incorrect by going through the Department of Law Enforcement and have the correct one for him, but the corporation is saying it doesn't matter. I find it dishearting that they take information from a public record that anyone can have access to, along with the copy they have has 3 different Social security numbers, Can you say Identity theft? So we got the official through the law enforcement, because its taken from his fingerprints. I don't know if I have a leg to stand on, but I need help!
Penny XXXXXX
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, I am sorry to learn of this situation. It really depends on what the circumstances are surrounding the eviction. ("Eviction" is a word that is often misused and it leads to a lot of confusion, I will try to provide some context and hopefully some information that you can use to respond to the park).Terminating a tenancy-1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property). 2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge. 3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction." 4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted"). If your landlord/management company is evicting your boyfriend based on a false background check, you can defend the action if you are mid-lease and they have no basis to evict during the above process, but if they are doing so at the end of the lease (you are "month to month") they can do so without cause - using 30 days notice).

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