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My boyfriend's mother passed away last year and she owned a…

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My boyfriend's mother passed away...
My boyfriend's mother passed away last year and she owned a mobile home in a co-op park he was her care taker. since her passing some hard ship times have come to him and long story longer we have come before the board to ask for an extension of 90 days to sell the home it has been on the market no just over some 35 days and we have reduced the price twice already. Here is the problem my sister sits on this board and she has a personal agenda and has opposed and fought against every effort we have tried to make.
My boyfriend is behind on the space rent however when he had the money to pay it two months ago the former manager suggested to him to but the home up for sale and go take care of his own property he had up north and the management could take what was owed when it sold. This statement was confirmed by a third party whom was there but we heard today they are still going to proceed with the eviction. Now we haven't been told formally but I believe this is all my sisters doing and I wanted some advice on how we should proceed.
Submitted: 3 years ago.Category: Legal
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Answered in 7 minutes by:
6/25/2015
Lawyer: Barrister, Attorney replied 3 years ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,035
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Has boyfriend received any formal written notice to pay or vacate?
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If so, how long of a notice was it?
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Is he able to pay the back rent on the lease?
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thanks
Barrister
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Customer reply replied 3 years ago
yes he has received a formal written notice some time ago they do not take partial payments they told him they understood and to stay in communication with the management company and the manager. At this time he doesn't have the money
Lawyer: Barrister, Attorney replied 3 years ago
Ok, if they gave him a 3 day notice to pay or vacate and he wasn't able to pay, then they could proceed with an eviction action if they haven't accepted any rent from him since they delivered the 3 day notice.
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It wouldn't be legally relevant that the manager suggested he use the money for other things because he would have a legal duty to pay the rent or could face eviction.
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So at this point, if the notice period has passed and they haven't accepted any rent from him since then, they could literally file a formal unlawful detainer action tomorrow and then proceed to evict him from the park under a breach of contract action for failing to pay the rent.
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But if they haven't aggressively pursued the eviction by now, they may be willing to continue to wait on a sale of the mobile home to be paid. However, from a legal perspective, they wouldn't have to wait if they chose not to..
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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Please let me know if you have further questions.
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thanks
Barrister
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