Question:
“I recently received a notice from my park management saying that I owe back-rent, due to a miscalculation on their part. Can they really charge me for their mistake?”
– Cindy H, 56, Cloverdale, CA
Answer:
Hi Cindy. Regarding whether or not you owe back-rent due to a manager’s miscalculation, it really depends on the situation.
According to California Mobilehome Residency Law, if your rental agreement or lease states a fixed monthly rent for the duration of the lease and does not include a contingency for management errors, then you should not be charged back-rent for any mistakes made by the park manager. Put simply, unless your agreement specifically provides for such an event, then a park cannot charge you for a miscalculation on their behalf.
On the other hand, some rental agreements and leases do include provisions which allow park management to charge back-rent, even in the event of a miscalculation on their behalf. If this is the case, you may still be required to pay the additional rent that is owed. With that said, before the park management can charge you back-rent, they must give you a 90-day notice of the additional charges.
It’s important to review your rental agreement or lease carefully to understand if such provisions exists, and if so, what those terms really mean. If you have any questions or concerns about the provision, it may be a good idea to consult with a legal professional to better understand your rights and options.
Overview:
- The collection of back-rent is not permitted, unless it is specified in the lease or rental agreement.
- If back-rent is allowed under terms of lease or rental agreement, then a 90-day advance written notice must be provided.
