A 3-Day Notice to Pay Rent or Quit and 60-Day Termination Notice:
A 3-Day Notice to Pay Rent or Quit and 60-Day Termination Notice, is served on the tenant when their rent is late. The fields in the document allow for park management to insert the monthly rental amount and the total amount delinquent. A field is also provided for the dates through which rent is delinquent (typically through the end of the month). Another important field in this document is business contact information (i.e., address, telephone number, etc.) to which the tenant may make payment to cure the notice. It is extremely important that these notices be filled out perfectly as courts may dismiss an unlawful detainer action based upon a defective notice.
3-Day Notice to Perform Covenants or Quit and 60-Day Termination Notice:
This notice is used to demand delinquent utilities and other charges. There are several fields provided in which you list from delinquent water, electric, and other utilities which may be owing and due. Similar to the 3-day rent notice, the 3-Day Notice to Perform Covenants must include business information for the park. Again, it is extremely important that the Covenants Notice be filled out correctly – any errors in an amount or date can invalidate the notice.
Notice of Warehouse Lien:
The Notice of Warehouse Lien Sale is the first step in the warehouse lien process. The notice must be sent via certified mail with a return receipt requested to the registered and legal owners and lien holders as shown on the HCD and DMV title. HK&C recommends also serving others you know to be “interested parties”.
The fields to be completed in this notice are: mobilehome address information, the particular serial number and other identifying information located on the HD title report, as well as the total lien amount demanded. Often times, the total lien amount owing and due is either the judgment amount obtained after an unlawful detainer trial, or the grand total delinquencies owing and due for a home where the tenant has vacated (less late charge to be conservative).
The timing and circumstances warranting this notice can be complex.
Continuing Violations Letter:
This demand letter sets forth the consequences that might or could occur if a resident refuses to abide by the park’s rules and regulations. The letter should be addressed to the resident at the home site. Of note, when addressing guest issues, the demand letter should be addressed to the resident on the rental agreement, not the guest. In addition, park management needs to use “Exhibit A” to specifically list the rules violated, facts showing how those rules were violated, and how the resident can cure those rule violations. For example, it is not enough to simply list “stop parking in unapproved areas.” Instead, (1) list the parking rule as set forth in the rules and regulations in full; (2) list specific facts showing who observed the resident parking their vehicle in an unapproved parking space and when; and (3) list the demand to stop parking in unapproved areas.
This is not an eviction notice, but experience has shown that judges want to see a history of these informal efforts to gain compliance with rules before allowing an eviction. Please document everything for your file.
Proof of Service Form:
There are 3 ways to serve the notice:
- Personal service: You or someone else gives the notice directly to the tenant in person.
- Substituted service: If the tenant is not home, you can leave the notice with a member of the household, at least 18 years old, where the tenant lives AND then mail a second copy to the tenant at the property.
- Posting and mailing service: If there is no one home to leave the papers with, you can tape or post the notice to the front door or somewhere where it can be seen easily AND send a copy by mail to the tenant at the property.
Additional Notes:
Of course, you cannot evict a tenant for an illegal reason like discrimination against the tenant because of the tenant’s race, ethnicity, national origin, gender, age, sexual orientation, religion, or disability. A landlord cannot evict a tenant to retaliate or to “get even” for the tenant making a complaint