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    Iam2nice's Avatar
    Iam2nice Posts: 1, Reputation: 1
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    #1

    Jan 11, 2010, 09:51 PM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 12, 2010, 08:20 AM

    Give her the notice to quit. You don't need to be specific. Simply indicate that it is for unpaid rent and late fees. If you need to go to court to evict her, and to get a judgment for what she owes you, the precise amount can be stated at that time. By the time you get her out of there the amount may be different anyway.

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