Mobile Home Landlord & Tenant Rights Act of California
In California, the Mobilehome Residency Law governs the rights between landlords and tenants in mobile home parks. The Mobilehome Residency Law provides landlords with rights of eviction only for cause and only if the tenant violates the park's regulations or fails to pay rent on time. Landlords must provide tenants with notice of the violation or nonpayment and an opportunity to cure their breach or rental delinquency.
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Security Deposits
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California Civil Code Section 798.39 governs the amount of security deposits mobile home park landlords may charge tenants. Landlords may charge up to two months of rent as security deposits in mobile home parks. Landlords must return remaining deposits within one year and may deduct past-due rent.
Rent Charges
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Many mobile home parks in California offer tenants rent-controlled lots. However, under state law, mobile home leases for a term exceeding one year are exempt from the state's rent-control ordinances. California Civil Code Section 798.17 provides tenants in mobile parks with a right to review a long-term lease and reject the terms of the tenancy within 30 days. If tenants exercise their refusal within the 30-day period, then landlords must provide them with the right to agree to a month-to-month or 12-month tenancy. Park owners may not increase rent above the fee charged in the long-term lease for one year after the date of rejection. This law provides rights to tenants from unfair retaliation by landlords who attempt to contract around the rent control ordinances by forcing tenants to sign long-term leases instead of short-term leases with rent-control provisions.
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Subleasing and RVs
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Under the Mobilehome Residency Law, parks can prohibit owners from subleasing their mobile homes in the park. Mobile park owners may also legally disallow RVs on park property if the park was developed after January 1, 1982. However, mobile park landlords may allow owners to place their RVs in the designated RV lot or section within the park, if available.
Evictions
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Landlords who are evicting tenants for nonpayment of rent must give them three days to pay or move out. If a tenant pays the overdue rent within the three-day allowance, then landlords may not evict them. When tenants do not pay rent, landlords must give them 60 days before proceeding with eviction. However, landlords have rights under the three-day rule using the state's "three strikes" law. Under the state's "three strikes" law, tenants may only use the three-day grace period three times annually. After the fourth offense, landlords can refuse rent payment and pursue eviction after 60 days. Landlords must include this provision in boldface font as a warning to tenants each time the landlord provides a three-day grace period.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction in California.
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References
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