Tag Archives: Rules

Who is Responsible for Maintaining Your Mobile Home Site?

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If you don’t know the answer to this question, it is time to review your Park’s Rules and Regulations!  In almost every mobile home park, the rules are very specific that it is the mobile home owner’s responsibility to maintain the site (lot) upon which your mobile home sits.  The mobile home owner rents the site, but is the one who takes care of the landscaping, porch, and carport.  Most parks restrict the storage of appliances or other items outside of the mobile home and also require that the landscaping on the site be properly planted and maintained.  Some parks restrict the types and number of potted plants, as an example.

Section 798.12 of the Mobilehome Residency Law states, “‘Tenancy’ is the right of a homeowner to use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park.”

Furthermore, section 798.15 (g) of the Mobilehome Residency Law states that the rental agreement should also contain the following:

A provision stating that management may charge a reasonable fee for services relating to the maintenance of the land and premises upon which a mobilehome is situated in the event the homeowner fails to maintain the land or premises in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its tenancy.

If you have a question about what your park rules require, be sure to take time to sit down and review the rules with your park manager.

Reference: The 2017 Mobile Home Residency Law, http://mobilehomes.senate.ca.gov/publications

Subleasing Q&A

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Q. I own and am currently living in my mobile home. I am going to be moving out of the area to a cooler climate and would like to rent my home for supplemental income but the management says that I am not allowed to sublease. If I own the home how can they not allow me to rent it out?

A.

That is a great question. Under the MRL your park is allowed to determine if subleasing will be allowed within the park, if it is not allowed this is typically written into your lease. Although you own the home they own the land the home sits on. Your management is within their rights under the MRL to not allow you to sublease your home.

 

Q. My mom owns a mobile home and recently fell, we were told she would need to be in a rehab facility for the next 6-9 months. We cannot afford both the care facility and her space rent and would like to rent out her home for the time she will be in the facility so she can return to her home if/when she is released. Is this something that we can do?

A.

First check her lease as well as the rules and regulations of the park. We also recommend speaking to the manager and informing them of the situation you are in and see if you can work something out with them. That being said the MRL directly addresses such situations in Section 798.23.5 (a).

(1)Management shall permit a homeowner to rent his or her home that serves as the homeowner’s primary residence or sublet his or her space, under the circumstances described in paragraph (2) and subject to the requirements of this section.

(2)A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician

Section 798.23.5 (b) covers the provisions of the sublease if the above condition is met and a subdivision is allowable. These provisions include but are not limited to.

  • The minimum term must be 6 months and the maximum is 12 months unless otherwise approved by management.
  • The person wishing to sublease the home will be subject to the process and restrictions in subdivision (a) of Section 798.74, which addresses prospective purchasers of a mobile home.
  • The sublessee is bound by the rules and regulations of the park.
  • The homeowner (in this case your mother) will remain liable for the park rent and other charges. {If your sublessee does not pay you, you are still responsible for paying the park. The responsibility of collecting the rent on the subleased unit falls on the owner of the home.}

Section 798.23.5 (c) clearly states that, “A homeowner may not charge a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any”. This means that a homeowner may not charge more than the space rent, mortgage (if any) and utilities. No profit can be made from a sublease that is allowed under this section if the mobile home park does not otherwise allow for subleasing of homes.