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We received a combined 3 day notice to pay or have tenancy terminated and sixty day notice terminating tenancy. We paid the amount, within the 3 days. Before we received this notice, we had been given our next months rent statement, but they took it back. Now, after paying the 3 day notice, they still haven't given us the next months rent statement. What should we do?
I am not sure how they may have worded this combined notice. But as I understand what you are saying, you have effectively been given 60 days to get out.Quote:
Originally Posted by aughysgirl
Why do you need a next month rent statement? You know how much the rent is. Pay it on or before the date it is due.
I was under the impression that our tenancy was reinstated. It turns out that we still have to move in sixty days... we live in a mobile home, I am the owner, but we pay space rent. The notice was worded COMBINED THREE (3) DAY NOTICE TO PAY OR HAVE TENANCY TERMINATED AND SIXTY (60) DAY NOTICE TERMINATING TENANCY. I thought if we paid in 3 days, our tenancy wasn't terminated, and if we didn't pay in 3 days, we had 60 days to move our mobile home out. We paid in 3 days and still have to move our mobile home out in 60 days. The reason I thought we didn't have to move was because they have on the notice "The total amount you owe is $4726.83. However, Mayfair Trailer Park is willing to discount the total amounts and reinstate your tenancy upon receipt of a payment within 3 days for $3546.47."Quote:
Originally Posted by AK lawyer
That's why I thought our tenancy was reinstated, because we paid within 3 days.
We don't want to move our mobile home out, it would cause a hardship for us, and we can't afford it.
Any advice would really be appreciated.
A "combined notice" can be confusing.Quote:
Originally Posted by aughysgirl
Now that you've given more details of the notice, it does appear that you may be fully reinstated. I suggest that you write a letter to them confirming your understanding that, because you made the discounted payment requested within the 3 days, you don't have to move out in 60 days.
So, legally, do we have to move our mobile home in 60 days? We want to pay July's rent, but we don't know if we should (since he still hasn't given us the statement). I know we are still liable for it, because either way, we will be here for 60 days, whether our tenancy has been terminated or not.Quote:
Originally Posted by AK lawyer
As far as the letter goes, we thought of that, and are in the process of writing it. Should we send it directly to the owner or to his lawyer or both?
I truly do appreciate your advice
Thank you so much...
So, legally, do we have to move our mobile home in 60 days?
As I say, maybe not, but it's not perfectly clear.
We want to pay July's rent, but we don't know if we should (since he still hasn't given us the statement). I know we are still liable for it, because either way, we will be here for 60 days, whether our tenancy has been terminated or not.
You know you owe it but don't know if you should? Yes, you should pay what you owe.
As far as the letter goes, we thought of that, and are in the process of writing it. Should we send it directly to the owner or to his lawyer or both?
Unless you are responding to a communication from his lawyer, no. If at some point they want to consult with their lawyer that's up to them.
Frankly I've never heard of a combined notice. But a pay or quit notice means that you either pay in full or vacate by the due date. If you pay in full your tenancy is reinstated. Otherwise you have to get out within the deadline.
This combined notice appears to me that whether you pay up or not, he wants you out in 60 days. Paying up just means you don't have to move immediately. However, if you have a lease with a term, he can't terminate before the term is up, a least not without cause.
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