Transcript Mobile Home Eviction Defense

Legal Aid Association of California’s
Introduction to Mobilehome
Park Eviction Issues
Western Center on Law & Poverty
March 22, 2007
Mobilehome Residency Law (MRL)–
CC §798-799.9
 MRL provides more protections than regular
UD process
 Does the MRL apply?
 3 Key Questions
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What is it?
Where is it?
Who lives in it?
What is it?
 Mobilehome = a structure designed for
human habitation and for being moved on a
street or highway under a Vehicle Code
permit. CC §798.3.
 But MRL generally excludes RVs (including
trailers)

RV is designed for human habitation for
recreational, emergency, or other occupancy.
H&S §18010.
Where is it?
 MRL applies


mobilehome parks.
mobilehome co-ops or resident-owned parks.
CC §799.1.
 Mobilehome park = 2 or more spaces for rent
to mobilehomes. CC §798.4
 A single mobilehome rented on property is
not protected by the MRL
Who lives in it?
 MRL applies to

Anyone who has a tenancy in a MH park
under a rental agreement.

Tenancy = right to locate, maintain, and occupy”
MH park. CC §798.12
 resident owner
 non-resident owner
 Non-owning resident who signs agreement w/mgt to
“locate, maintain, and occupy” MH in park

Non-owning resident in MH co-op. CC §799.1
Who lives in it? (con’t)
 MRL does not apply to


Tenant of MH where MH owner enters into
rental agreement with park. Then tenant
enters into agreement with MH owner.
Tenant of park-owned MH.
Regular UD process applies
Lease or Rental Agreements
CC §798.15
 must be in writing
 must include term of tenancy and rent
 12 month term unless mutually agreed to be different
 must include Rules and Regulations
 must attached MRL
 must include list of services
 cannot waive rights granted in MRL. CC §798.19.
 homeowner must be given copy of agreement within
15 days of its execution
Fees
 MRL limits fees, utilities, and incidental reasonable charges for
services actually rendered. CC §798.31
 Homeowner must accept and receive the service
 Fees must be in rental agreement or a 60-day notice must be
provided giving T notice of fee. CC §798.32(a)
 Fees must be listed separately in periodic billings.
 Fee limits
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No fee for first pet
No fee for first roommate
No fee for immediate family
No fee for guest who do not stay more than 20 consecutive
days or a total of 30 days in a year
Rules and Regulations
 Notice, meet and confer before amendment is made.
CC §798.25

Amendment must be reasonable. Rancho Santa Paula
MH Park v. Evans, 26 CA4th 1139 (1994)
 Implementation
 With consent: immediately enforceable
 Without consent: enforceable after 6 months written
notice
 Without consent: enforceable after 60 days written
notice if amendment is mandated by law
Permissible Grounds for Eviction
CC §798.56
 Failure to comply with laws after notice from gov’t agency.
 Substantial annoyance to other tenants.
 Conviction of prostitution or felony controlled-substance offense in the
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park.
Failure to comply w/reasonable park rule. Must be in rental agreement
or later amendments. 7-day notice to cure required. After 3 notices in
one year for same breach, no notice to cure is required.
Nonpayment of rent, utility charges or reasonable incidental service
charges. 3-day notice required. Notice must be given to the legal
owner, any junior lienholder or the registered owner. They have right to
cure breach within 30 days but only twice in a 12 month period. If
homeowner has received 3 notices in the preceding 12 months, only
60-day noncurable notice is necessary. 3-day notice to pay rent and
60-day notice to terminate tenancy may be served at the same time.
Condemnation of park
Change of use of the park. 15-day notice re hearing before local board
required. After all required permits secured, 6-month notice to
terminate required. If no permits necessary, 12 months notice required.
60-Day Notice of Termination
CC §§7798.55-798.57
 Notice must have specific facts to permit
determination of the date, place, witnesses,
and circumstances concerning reason.
 Must be sent to legal and register owners of
the MH and junior lien-holders within 10 days
after notice to the homeowner.
 Homeowner has right to sell or remove MH
within the 60 day period; but must pay all
monies owed.
Rights of Lien-holder and Registered
Owners
 When 60-day notice sent to legal (bank) and registered owners
(e.g.: parents) and junior lien-holder, they have 3 options to
preserve their rights to sell the MH (CC 798.56a)
 Offer to sell to the MH park the debt secured by the MH
 Inform MH park that it will foreclose on its security interest
 Request MH park go forward w/ the termination of tenancy
and offer to reimburse for reasonable fees and costs.
 They can also choose to do nothing but then do not have the
right to sell the MH if the MH park gets a lien.
Unlawful Detainer
 Once the notice of termination expires, the
MH eviction process uses the regular
unlawful detainer procedure.
Get off my
property!!
Motion for Relief from Forfeiture –
CCP §1179
 Don’t forget this option.
 Law allows pro per tenants to request relief
from forfeiture orally, immediately following an
unlawful detainer trial.
Liens
 If the MH owner does not move the MH voluntarily, the MH park
mgt must go through complicated process

Writ of execution - If MH owner loses UD, like any eviction,
sheriff or marshal posts a vacate date with a copy of a writ of
possession. If no occupant is present, the levying officer
posts the notice of levy. The MH may be sold 10 days after
notice of sale. CCP §700.010.

Abandonment procedure. CC §798.61

Warehouseman’s lien for storage, utilities and reasonable
maintenance charges. CC §798.56a
RVs
 Recreational Vehicle Park Occupancy Law
(CC §§799.20-799.79)
 Definition of RVs (CC §§799.43, 799.45)
 occupant = in RV park 30 days or less. CC
§799.28
 tenant =in RV park for more than 30
consecutive days. CC §799.32
 resident = in RV park for 9 months or more.
CC §799.31
RV - Eviction process
 Occupant - 72 hours’ notice (CC §799.55).
Police or sheriff can remove occupant after
72 hour notice.
 Tenant - 30 days’ notice (CC §799.66).
Regular eviction process.
 Resident
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if in MH parking spot, MRL applies. CC
§798.3.
if not in MH parking spot, 60-days notice and
good cause. CC §799.70.
Western Center on Law & Poverty
 Deanna Kitamura


[email protected]
213-487-7211 ext. 2622
 Lynn Martinez

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[email protected]
707-552-5306