Mobile Home Tenant Rights in California

Mobile home tenant rights are dictated by specific laws.

A mobile home owner renting space from a park owner operates under rules different from a normal landlord-tenant agreement. The typical arrangement is regulated by California's Landlord and Tenant Act, but due to the unique nature of a mobile home owner's situation, there are special regulations in place. These regulations are contained in the Mobile Home Residency Law.

Limited Eviction Reasons

One important feature the Mobile Home Residency Act is the way the act limits the reasons a park owner can evict a mobile home owner. The main purpose behind the eviction limitation is due to how expensive it is both to tenant and landlord. The tenant must pay for the removal and a new lot, while the landlord has to landscape the lot and repair any defects.

There are only seven eviction reasons valid for mobile home owners, and they require a written notice of lease termination before eviction action can be taken. The reasons are: nonpayment of rent or any lot fees, violating mobile home regulations enacted by local ordinances or state law, disturbing other park tenants, conviction of prostitution or felony, if the park is condemned, if the land use changes, or if the tenant violates park rules and regulations. A tenant has varying periods of time to fix the problem or leave the mobile home park following a written notice, from three to 60 days depending on the offense.

Selling Mobile Home

The tenant is not prohibited from selling his mobile home, and the park owner cannot refuse to allow him to list it. The tenant does not have to offer it to the park owner first either--the right of first refusal clause is void in leases made or renewed after January 1, 2006. The tenant has the right to use any real estate agent he wishes, and the park owner cannot refuse reasonable requests by the new owner to sign a new rental agreement.

Park Rules and Regulations

The park owner must provide a copy of all rules and regulations along with the rental agreement when the new tenant signs the lease. A tenant has the right to advance notice on any new rules and regulations, and California law requires the landlord to provide 10-day advance notice for any changes. The tenant can complain to a local housing authority if the landlord makes rules for his own convenience, or favors specific tenants by not applying the rules equally.

Guests

There are a number of regulations on guests and occupants. A tenant has the right to have immediate family living in the mobile home without additional fees. Likewise, a home owner living by himself can bring in one additional occupant without incurring additional fees. The other category of guests that can stay an extended time without paying are live-in health providers. A person is considered a guest if she stays at the mobile home for less than 20 consecutive days, or less than 30 total days throughout the year, and no fees apply in this situation. A landlord may ask for an additional fee for guests who stay longer, or the guests may be required to register on the rental agreement as occupants.

Entry

Unlike traditional landlord and tenant relationships, a park owner does not have the right to enter into a mobile home or other structure on the home owner's lot. The landlord must get express permission from the mobile home owner to enter the domicile. The park owner is allowed to enter the lot grounds the mobile home is situated on for purposes of repair, maintenance and safety.

References

• Sham Conversions: 2009 Mobile Residency Law