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Help needed ASAP with 60 day notice !! (Orange County, California)

This is a discussion on Help needed ASAP with 60 day notice !! (Orange County, California) within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in Orange County, California, Anaheim to be precise in my RV in an RV & Mobile Home park. ...

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Old Nov 9th, 2011, 11:54 AM   #1
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Confused Help needed ASAP with 60 day notice !! (Orange County, California)

I live in Orange County, California, Anaheim to be precise in my RV in an RV & Mobile Home park. Every 6 months, we are asked to sign a new month to month lease and pay the city tax. My renewal was not due until 12/1/2011. I have lived there since June 2010 and have never been late or not paid my rent. I have also not disobeyed any of the park rules.

Events as they occurred:
10/1/11: I advised the park manager that I was taking a new job and there would be a 3 week gap between paychecks, that I wouldn't be paid until 10/21. He said to pay the rent on that day.

10/10/11: I received a 3 day notice to pay or quit and a 60 day notice to vacate. (My neighbor also received the same notice on this day.) I called the park office and left a voicemail for the manager to call back. He never did.

10/11/11: I left a note in the park office mail box reiterating our verbal agreement for me to make payment on the 21st.

10/18/11: My neighbor paid her rent and they accepted it and gave her a receipt. When I got home from work that day, there was a letter taped to my door telling me that they will not be accepting my rent because it was too late.

10/21/11: I raced to the bank after work to cash my 1st paycheck and deposit it into my account. I went home, wrote out the rent check, put it in a sealed envelope and put it into the park office mailbox as I promised I would, in spite of their letter not to accept my payment.

10/22/11: I received a notice on my door with a copy of my check rejecting my payment. The park manager also stated that this is a legal issue and he is not allowed to speak to me, that I have to contact their lawyers but I do not know who they are or how to reach them.

I do not understand why they would accept my neighbor's payment 3 days before I promised to pay mine, but in any case I have decided that this is not the place I would like to live at anymore. A place where management makes up their own rules as they go along. It is not a dependable environment and this unfortunate circumstance aside, I am a responsible person who cannot live in an uncertain environment. So I have decided to comply with the 60 day notice and move out.

10/31/11: I wrote a letter to the park manager advising him that I will be vacating my RV space on 11/12/11 (well within the 60 days). I itemized out the bill I expect to pay when I leave and advised that I will be making my payment on the day of my departure. I also asked them to give me my electric bill for October since I never received a bill. I only have the bill for Sept which I would have paid with my October rent, except that they rejected it.

Here is how I itemized my letter:
Oct Rent = $699
Sept Electric = $73.94
Nov Rent (prorated for 11 days) = $256.30
Oct Electric = unknown at this time
Nov Electric = unknown at this time
Deposit Return = $399

As of this date, I have not received a response from anyone. I still do not know what my electric bill was for October. I realize that until I move out, they cannot figure up my electric bill for the 11 days I am there in November.

I was told by my neighbor yesterday that if I try to go into the office to pay my bill before I leave that the park manager will not speak to me and will usher me out of the office.So how am I to pay my bill? I want to pay the bill before I leave so they cannot accuse me of trying to run out on my bill and slap me with a lawsuit. I do not trust them not to go this route. I have heard recently of some other horror stories. I have also heard that there are several people who are moving out by the end of the year as they are not happy with this uncertainty under this new management (as of 60 days ago I'm told).

This is a very bizarre situation to me. I have never had anyone give back my rent before. I have not been given any instruction on what to do when I vacate? What do I do if they refuse my payment when I leave? Am I still entitled to my deposit back?

I am trying to leave amicably. I harbor no hard feelings. They did what they had to do and that's the end of it. So I decided to leave as per my choices.

What are my options here?? Do I even still owe the rent?? I am at a total loss for answers.

I would greatly appreciate if someone can offer me some direction ASAP as my move date is in 2 days!!
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Old Nov 9th, 2011, 03:07 PM   #2
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Default Re: Help needed ASAP with 60 day notice !! (Orange County, California)

You had to pay within 3 days (pay or quit), and that would be on Oct. 13 if I understand correctly. Pay or Quit, period. No grace period. Even if you did pay within 3 days, they are also covering their anatomy with the 60 day notice to vacate, which they could have withdrawn had you paid within 3 days.

With the 60 day notice to vacate, you have until Dec. 10, 2011, and you will have to pay rent for that unless you come to an agreement with the management--HOWEVER, you could argue that you will be leaving prior to the regular 6 month renewal date of 12/1/2011.

Did you neighbor also get the 3 day Pay or Quit AND the 60 day notice to vacate or just the 3-day PoQ notice??? Not sure why, 8 days later, they accepted the neighbor's payment. The neighbor had payment in hand, while all you had was a promise to pay. Payment trumps promises every time.

One thing stands out to me in terms of facts. If you have a lease and the renewal date is 12/1/2011, then you have a signed legal document that commits you to paying November's rent. You do not get to prorate it unless you have a written agreement with the management, signed by both parties.

Perhaps the 3 days between when your neighbor paid their rent, and then your attempting to pay (3 days later) was outside the acceptable dates of accepting late rent? What does your lease say?

Do you own your RV and will you be moving it, or are you renting the RV ? If you are renting it, I believe in CA you have the right to have a pre-move out inspection 2 weeks prior to your move out date, and you have the right to get a list of things to fix so you can address that and get your security deposit back. I'm not sure of the ins and outs of renting an RV though.

In the future, forget about verbal agreements as it's best to get things in writing signed by both parties.

Maybe you could post some of the sections in your lease as to clarify things? You sound reasonable and responsible to me.
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Old Nov 9th, 2011, 03:16 PM   #3
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Default Re: Help needed ASAP with 60 day notice !! (Orange County, California)

Let's begin by clearing something up first.

Your landlord is free to make decisions regarding who gets eviction notices, who stays and who goes. It's not your business or concern regarding the neighbor financial concerns. Every person's circumstance is different and unique. Perhaps they did not alert their landlord that they would not be able to pay their rent on time.

Since the "agreement" was verbal, it is not existent nor is it enforceable. If you want anything regarding real estate (and renting is part of real estate) you must get it in writing for it to be valid.

It's not exactly responsible behavior to fall behind on rent. While it's unfortunate, it's not responsible. Accountability is better than placing blame outwardly.

Your neighbor is clearly trying to stir drama. Are you sure this neighbor has nothing to do with the sudden change in your landlord's attitude towards you? Is this the same neighbor who got a notice too but payment was accepted?

I strongly urge you to consult with an attorney and at least have the attorney call the landlord and ask who their attorney is so that communications can proceed. If they didn't give you the name of their attorney, it's likely they were bluffing and don't actually have one. It seems a rather drastic step considering the circumstances.
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Old Nov 10th, 2011, 09:47 AM   #4
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Default Re: Help needed ASAP with 60 day notice !! (Orange County, California)

As a practical matter, since they are rejecting your rent payments, I would withhold them and move on the designated date. You should have a record you attempted to pay and they refused, not rely upon what a neighbor says. Send by certified mail if you want to have a record.

If they return your check or refuse to deposit, you will have at least a record you attempted to pay.

Keep your accounting and calculate the rent and utilities as of your date of vacating. Include your deposit amount in your calculations.

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Old Nov 10th, 2011, 09:58 AM   #5
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Default Re: Help needed ASAP with 60 day notice !! (Orange County, California)

They likely refused rental payment because they have started legal process. If they have begun eviction process and accept rent there court action is void.
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