MHP Law: Eviction for non payment

Can the park evict a resident for payment of late rent even though their rental history shows they eventually pay the full rent?

Yes. The MRL (Civil Code 798.56(e)) gives homeowners five days after the due date to pay the monthly rent and a 3-day notice thereafter to pay the rent (in 3 days) or be subject to termination of tenancy in 60 days. If a homeowner pays the rent within the 3-day grace period, the 60-day termination of tenancy is voided. However, the homeowner can only pay the rent late three times in a 12-month period. If a homeowner is late a fourth time within any 12-month timeframe, the park can refuse to accept the late rent and proceed with eviction after 60 days. Civil Code Sec. 798.56(e)(1) has a specific boldface warning notice about this “three strikes” provision, which 2021 MRL FAQs 73 must be included in each 3-day notice given by the management to the homeowner.

Recap:

● The resident has five days from the due date to pay rent. 

● If the rent is late, the park can give the resident a 3-day notice to pay or risk eviction in 60 days. 

● The resident can be late only three times in a 12-month period.