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Mobile Home Resident FAQ’s

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Q: Is the park required to provide a lease agreement in the language of the resident if the resident is non-English speaking?
A. Not in most cases.  Civil Code Sec. 1632 provides that a person engaged in a trade or business, who negotiates a contract or lease — including a rental agreement covering a dwelling, apartment or mobilehome — in Spanish, Chinese, Tagalog, Vietnamese, or Korean, shall provide the other party, if he or she requests it, with a written copy of the contract or agreement in that language prior to execution of the document.  However, this provision does not apply to contracts or agreements negotiated with the use of an interpreter, or to month-to-month rental agreements.  Additionally, most mobilehome parks do not “negotiate” their leases with homeowners or prospective homeowners, but rather offer the lease on a “take it or leave it” basis.

Q: Do the protections of the Mobilehome Residency Law (MRL) apply to all residents in mobilehome parks, or do they only apply to homeowners?
A. Many of the most important provisions of the MRL expressly apply to homeowners only, such as the terms and receipt of written leases (Civil Code §§798.15 and 798.18-798.19.5), amendment procedures for rules and regulations (Civil Code §798.25), fees and charges (Civil Code §§798.30-798.39.5), evictions (Civil Code §§798.55-798.56), and rental qualifications and procedures.  On the other hand, issues dealing with a “community” of persons often include “residents”, such as management entry into mobilehomes or park spaces (Civil Code §798.26), vehicle removal (Civil Code §798.26.5), communications and right to assemble (Civil Code §§798.50-798.52), and abatement of park nuisances, and injunctions for violating park rules (Civil Code §§798.87-798.88).

Q: I am a manager in a mobilehome park where an elderly resident is putting herself in danger.  When I call her family, they are unresponsive.  What do I do to make sure she and the other residents are safe from harm?
A. Contact your county’s Adult Protective Services program.  APS is a state-mandated program (Welfare & Institutions Code Sec. 15610.10) that provides evaluation and assistance for seniors (age 65 and older) and dependent adults (age 18-64 and physically or mentally impaired) who are reported to be unable to meet their own needs.  APS agencies investigate reports of alleged victims endangered by physical, sexual or financial abuse, isolation, neglect, or self-neglect.

Resource: California Department of Housing and Community Development (HCD) — http://mobilehomes.senate.ca.gov/publications

Mobile Home Resident FAQ’s

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Q: Does State Law Regulate Rent Increases in Mobile Home Parks?

  1. No, state law does not regulate the amount of a rent increase in a mobile home park. However, MRL states that a park must give residents a 90-day advanced written notice of an increase.

Q: Can the park charge “maintenance” or “pass-through” fees in addition to the rent?

  1. Yes IF the residents lease or rental agreement provides for assessments or fees for maintenance, among other services. If not mentioned in the lease the new fee would have to be for “services rendered” aka Trash Pickup, in which case a 60-day advance written notice is required.

Q: Can the park charge residents for back-rent that was miscalculated because of the manager’s mistake?

  1. READ YOUR LEASE CAREFULLY! The answer to this question depends on what your lease says. If you have a long-term lease that stipulates the monthly rent for the term of the lease and there is no provision in the lease for a contingency, such as an increase due to management error, then NO back-rent cannot be charged. IF however your lease agreement has a contingency clause that states that back rent may be charged then YES they can collect the additional rent with a 90-day written notice.

Q: Can the resident refuse to pay the rent or deduct a certain amount from the rent if water in the park is cut off?

  1. NO. Instead the resident should file an emergency complaint with the Department of Housing (HCD) or a local enforcement agency.

Q: Can the park evict a resident for the payment of late rent even though their rental history shows they eventually pay the full rent?

  1. Yes. The resident has 5 days from the due date to pay the rent in full. After the 5 days the park must give the resident a 3-day notice to pay or risk eviction in 60-days. If the resident pays within the 3 days then the 60-day eviction is waived. The resident may only pay late (within the 3-days once notified after the first 5 days) three times in a 12-month period. After the third time the park can issue a 60-day eviction notice.

Q: Is management allowed to restrict parking and have residents’ cars towed?

  1. Residents or guests may be towed with out notice if: they are parked in fire lanes, in front of park entrances, or fire hydrants, if they are parked in another residents assigned space or if the vehicle presents a significant danger to the health and safety of residents. In all other cases a 7-day notice is required to tow the vehicle.

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