Question:
“I missed my rent by a few days. As soon as I realized this, I paid it in full. Can the park still evict me for late rent, even if the record shows that I did eventually pay for it?”
– Wade S. (42), resident, Lost Hills, CA
Answer:
While it’s good that you made sure to pay your rent as soon as you could, unfortunately yes, a park may still be allowed to evict you for late rent, even if you eventually completed your payment. It just depends on exactly how late the payment was made.
Mobilehome Residency Law gives residents five days after the due date to pay their monthly rent, and a three-day notice thereafter to pay the rent or be subject to termination of their tenancy in 60 days. (Civil Code 798.56(e))
If a resident pays the rent within the three-day grace period, the 60-day termination of tenancy can be voided.
Residents are generally granted “three strikes” in regard to late rent payments within a 12-month period. After a fourth late rent payment, the park is legally permitted to refuse the late payment and proceed with the eviction in 60 days. (Civil Code Sec. 798.56(e)(1))
You should consider reaching out to your park management and having an honest and civil discussion about the infraction. Late payments are a burden for both park owners as well as residents, and sometimes park management is willing to resolve complications with tenants so that a clear line of communication can be established going forward.
Overview:
- The resident has five days from the due date to pay rent and a three-day notice to pay or risk eviction.
- A park is within its rights to refuse late rent payment after this period.
- Reach out to your park’s management to address concerns about making payments.
