Mobile Home Tenant Rights in California
Mobile home tenants face different challenges than other tenants. Since mobile home tenants can own their mobile home but lease the land where they live from mobile home park owners, local tenancy laws can be more challenging to apply.
According to the California Department of Housing and Community Development (HCD), there are 5,246 active mobile home parks and over 450,000 lots throughout the state. The average mobile home park contains 80 lots.
While some of these parks are well run, others are home to landlord negligence that violates mobile home tenant rights. A mobile home attorney in California can help tenants like you understand your rights.
If they find your tenant rights have been violated, your lawyer can help you file a mobile home lawsuit. Mobile home tenants’ rights are outlined in the state’s Mobile Home Residency Law.
California Mobile Home Residency Law
The Mobile Home Residency Law was first codified into California law in 1978, with amendments added as the years progressed. New changes are now in effect for 2022, further regulating and restricting mobile home park living. This California mobile home park law applies to all residents who are mobile home tenants, whether or not they own the mobile home in which they reside.
Mobile home owners and subleasers are considered tenants and protected under the Mobile Home Residency Law (MRL). This law outlines their general rights, which includes:
- The right to receive a written copy of the mobile home park’s rules, regulations, and rental agreement.
- The right to receive all services and amenities the mobile home park agreed to provide in their rental agreement.
- If any amenities or services are reduced or removed, the tenant’s rent must also be reduced.
- All common areas in the park must be available to all residents at reasonable times.
- Tenants are permitted to keep at least one pet in their home, and the park can’t charge them a fee for pet ownership unless special services are provided.
The MRL also outlines the responsibilities mobile home park owners, known as landlords, have:
- Owners must maintain all common areas and provide amenities or services described in their rental agreement.
- Park owners are allowed to make changes beyond services and amenities and not compensate tenants.
- Pools must be operational if it’s an amenity listed in the rental agreement.
- Provide access to water, electricity, and other basic utilities.
Mobile home park owners must have a valid Permit to Operate to collect rent from tenants. If their permit gets suspended for more than 30 days, they are not permitted to collect rent. Mobile home tenants are advised to continue paying rent if this occurs; otherwise, they may be evicted.
If a landlord’s permit is suspended or they fail to uphold their other responsibilities, the tenant can file a complaint against them with the California HCD office.
Mobile home tenants and landlords both have the right to terminate the tenancy at any time. The party filing for termination must exchange a 60-day notice with the other party. Landlords can only terminate if one of the following seven reasons is met:
- Failure to comply with reasonable rules or regulations listed in their rental agreement.
- Not paying utility charges or rent after a minimum of five days from their due date and three days after written notice.
- Failure to comply with any state or local regulations after getting a notice of noncompliance.
- Their conduct is consistently considered a “substantial annoyance” to others living in the park.
- They are convicted of prostitution.
- The mobile home park is condemned.
- The use of the park is changing.
New Changes to Tenant Rights
The new legislation takes effect in 2022 and changes the Mobile Home Residency Law (MRL). California AB 1061 limits the charges and fees to mobile home owners and tenants by landlords that use individual submeters to bill for water. It regulates how charges and fees can be administered and defines the responsibility of landlords further.
Changes are made to subletting regulations through AB 861. This bill requires mobile home park management to comply with existing park rules and regulations regarding the prohibition of subleasing by mobile home owners. The only exception is renting or subleasing to an onsite employee of the mobile home park.
When to File a Complaint
If you feel your rights as a mobile home park resident are being violated, filing a complaint against your park owner is necessary. Violations can include harassment from the landlord, illegal evictions, charging unfair fees, and failing to maintain the property, leading to premises liability.
As a tenant, you have legal options when involved in disputes with your landlord. You may file a complaint with the California HCD or take further legal action by filing a lawsuit.
Representing Mobile Home Residents
If you’re dealing with a mobile home landlord violating California law or your tenant rights, consider hiring legal representation from Berberian Ain. Our California tenants’ rights lawyers have a deep understanding of mobile home park laws and your rights as a mobile home tenant.
We can help you resolve disputes, file a complaint with HCD, or file a lawsuit against a negligent mobile home landlord.
Our attorneys can guide you every step of the way and develop a strong legal strategy to ensure fair compensation. This is often done through settlement for mobile home lawsuits. The results we get for our clients speak for themselves. We’ll fight hard on your behalf for the compensation you deserve. Contact us today for a free evaluation of your case.