Can I add past months to a eviction notice?
I am the owner of a mobile home in California. The home is paid for although each month I pay the space rent, along with electricity, gas, trash, security, and cable to the Mobile Home complex.
Four years ago, I had a friend start staying here because I was gone every weekend. He watched the house, the dogs and so forth. His girlfriend moved into the room with him after a few months. I did agree that it was okay. Now two years ago, he passed away, although she still occupies the room. Approximately 6 to 8 months before he passed away the two of them were paying me $400.00 for the room. Once he passed away she could only pay me $160.00 per month, which I agreed at the time that was okay. I knew she was grieving and so forth.
Approximately 8 months later her Mom passed away, and again I felt sorry for her and continued to let her just pay the $160.00 per month. After a few months, we discussed her getting a job and she would start paying the $400.00 for the room. She has been taking her sweet time with finding a job. For the last 8 to 10 months she supposedly was looking for a job and continued to pay me the $160.00. My business has been really slow since about June and I have had to borrow money from 4 different relatives to make up the difference from her not paying the whole amount. I would ask her all the time, what was going on and so forth. I told her she definitely needed to start paying $400.00.
June and July I received the $160.00 for each month.
August I actually got $320.00.
Sept $270.00.
October and November $160.00 for each month.
In December she gave me the $160.00 and I told her I had someone else that could pay the $400.00 so she could occupy a portion of the living room (her $160.00 worth). I moved the entire living furniture around so she knew I was serious. She all of a sudden came up with another $200.00 then finally the last $40.00 for a total of $400.00 for December. https://www.askmehelpdesk.com/images/smilies/smile.gif
I told her approximately December 10th that she needed to be out at the end of the month. So the end of December came along and I told her if she was going to stay that she needed to pay the rent. She agreed. I received again $160.00 for January. I gave her a notice that said she paid partial rent and the remainder $240.00 and a $60.00 late fee is due by midnight in 3 days. She did sign the notice and said she wasn’t agreeing with the $60.00 late fee. She then came up with an additional $100.00. The notice said that if she gave me the additional $300.00 that I would not serve her with an eviction notice for the month of January. The end of the 3 days was up yesterday.
I am now late paying the mobile home complex and I am incurring the $60.00 late fee. So finally my questions: Do I now give her a notice to pay rent or quit (eviction notice)? I am unsure if I can add the $60.00 late fee or not? Can I add the last 8 month or so onto the amount she owes? https://www.askmehelpdesk.com/images...s/confused.gif
Any advice on this would be appreciated.
Thanks.