Rental Agreement - Mobilehome Residency Law - CA Civil Law

Section § 798.15

This law outlines the requirements for what must be included in a written rental agreement for a mobile home park in California. It should specify the duration and rent, rules of the park, and a copy of relevant legal texts. Management must update homeowners annually if any significant changes in the law occur and provide a copy of these updates if requested. The agreement outlines management's responsibilities for maintaining common facilities and sets timelines for repairs. It also describes the services provided, the homeowner's responsibilities for upkeep, and the potential for fees if they fail to maintain their space. Additionally, it mandates annual notifications about rights and responsibilities under the Mobilehome Residency Law (MRL), covering topics such as rent increases, termination of tenancy, right to assemble, and rules about selling a home in the park. The law emphasizes certain rights like peaceful assembly and specifies the management’s right to entry for maintenance, along with conditions on improvements and taxation. It also informs homeowners about the MRL Protection Program for addressing legal complaints.

The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following:

(a) The term of the tenancy and the rent therefor.

(b) The rules and regulations of the park.

(c) A copy of the text of this chapter shall be provided as an exhibit and shall be incorporated into the rental agreement by reference. Management shall do one of the following prior to February 1 of each year, if a significant change was made in this chapter by legislation enacted in the prior year:

(1) Provide all homeowners with a copy of this chapter.

(2) Provide written notice to all homeowners that there has been a change to this chapter and that they may obtain one copy of this chapter from management at no charge. Management shall provide a copy within a reasonable time, not to exceed seven days, upon request.

(d) A provision specifying that (1) it is the responsibility of the management to provide and maintain physical improvements in the common facilities in good working order and condition and (2) with respect to a sudden or unforeseeable breakdown or deterioration of these improvements, the management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order and condition after management knows or should have known of the breakdown or deterioration. For purposes of this subdivision, a reasonable period of time to repair a sudden or unforeseeable breakdown or deterioration shall be as soon as possible in situations affecting a health or safety condition, and shall not exceed 30 days in any other case except where exigent circumstances justify a delay.

(e) A description of the physical improvements to be provided the homeowner during the homeowner’s tenancy.

(f) A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for those services.

(g) 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 agent.

(h) All other provisions governing the tenancy.

(i) A copy of the following notice. Management shall also, prior to February 1 of each year, provide a copy of the following notice to all homeowners:

IMPORTANT NOTICE TO ALL MANUFACTURED HOME/MOBILEHOME OWNERS: CALIFORNIA LAW REQUIRES THAT YOU BE MADE AWARE OF THE FOLLOWING:

The Mobilehome Residency Law (MRL), found in Section 798 et seq. of the Civil Code, establishes the rights and responsibilities of homeowners and park management. The MRL is deemed a part of the terms of any park rental agreement or lease. This notice is intended to provide you with a general awareness of selected parts of the MRL and other important laws. It does not serve as a legal explanation or interpretation. For authoritative information, you must read and understand the laws. These laws change from time to time. In any year in which the law has changed, you may obtain one copy of the full text of the law from management at no charge. This notice is required by Civil Code Section 798.15(i) and the information provided may not be current.

Homeowners and park management have certain rights and responsibilities under the MRL. These include, but are not limited to:

Management must give a homeowner written notice of any increase in the rent at least 90 days before the date of the increase. (Civil Code Section 798.30)

No rental or sales agreement may contain a provision by which a purchaser or a homeowner waives any of their rights under the MRL. (Civil Code Sections 798.19, 798.77)

Management may not terminate or refuse to renew a homeowner’s tenancy except for one or more of the authorized reasons set forth in the MRL. (Civil Code Sections 798.55, 798.56) Homeowners must pay rent, utility charges, and reasonable incidental service charges in a timely manner. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56)

Homeowners, residents, and their guests must comply with the rental agreement or lease, including the reasonable rules and regulations of the park and all applicable local ordinances and state laws and regulations relating to mobilehomes. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56)

Homeowners have a right to peacefully assemble and freely communicate with respect to mobilehome living and for social or educational purposes. Homeowners have a right to meet in the park, at reasonable hours and in a reasonable manner, for any lawful purpose. Homeowners may not be charged a cleaning deposit in order to use the park clubhouse for meetings of resident organizations or for other lawful purposes, such as to hear from political candidates, so long as a homeowner of the park is hosting the meeting and all park residents are allowed to attend. Homeowners may not be required to obtain liability insurance in order to use common facilities unless alcohol is served. (Civil Code Sections 798.50, 798.51)

If a home complies with certain standards, the homeowner is entitled to sell it in place in the park. If you sell your home, you are required to provide a manufactured home and mobilehome transfer disclosure statement to the buyer prior to sale. (Civil Code Section 1102.6d) When a home is sold, the owner is required to transfer the title to the buyer. The sale of the home is not complete until you receive the title from the seller. It is the responsibility of the buyer to also file paperwork with the Department of Housing and Community Development to register the home in the buyer’s name. (Civil Code Sections 798.70–798.74)

Management has the right to enter the space upon which a mobilehome is situated for maintenance of utilities, trees, and driveways; for inspection and maintenance of the space in accordance with the rules and regulations of the park when the homeowner or resident fails to maintain the space; and for protection and maintenance of the mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with the resident’s quiet enjoyment of the resident’s home. (Civil Code Section 798.26)

A homeowner may not make any improvements or alterations to the homeowner’s space or home without following the rules and regulations of the park and all applicable local ordinances and state laws and regulations, which may include obtaining a permit to construct, and, if required by park rules or the rental agreement, without prior written approval of management. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56)

In California, mobilehome owners must pay annual property tax to the county tax collector or an annual fee in lieu of taxes to the Department of Housing and Community Development (HCD). If you are unsure which to pay, contact HCD. Failure to pay taxes or in lieu fees can have serious consequences, including losing your home at a tax sale.

10.

For more information on registration, titling, and taxes, contact: the Department of Housing and Community Development at www.hcd.ca.gov (800) 952-8356; your County Tax Collector; or call your local county government.

11.

The Mobilehome Residency Law Protection Program (MRLPP), found in Section 18800 et seq. of the Health and Safety Code, protects and safeguards mobilehome homeowners and residents by affording them an additional avenue to enforce violations of the MRL. The Department of Housing and Community Development (HCD) administers the program by providing assistance in taking complaints and helping to resolve and coordinate the resolution of those complaints from homeowners and residents relating to the MRL. The HCD contracts with nonprofit legal service providers and refers complaints of alleged MRL violations to these legal service providers. The HCD may not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party. The MRLPP is funded by an annual registration fee of $10.00 for each permitted mobilehome lot, collected from management, which management may pass on and collect from the homeowner at the time of rent payment. The annual MRLPP registration fee must appear as a separate line item on the rent bill and be accompanied by a clear written description of the purposes of the charge, along with contact information for the HCD. For questions regarding the fee or the MRLPP, contact: the HCD at MHAssistance@hcd.ca.gov or by calling (800) 952-8356.

mobile home park rental terms rules and regulations homeowner responsibilities management obligations physical improvements service fees homeowner rights to assemble rent increase notice tenancy termination selling mobile homes MRL updates entry for maintenance improvement limitations property tax obligations MRL Protection Program

(Amended by Stats. 2024, Ch. 397, Sec. 1. (AB 2399) Effective January 1, 2025.)

Section § 798.16

When you sign a rental agreement for a mobile home park, it can include extra rules allowed by law. However, it doesn't need to mention all the specific language from other state or local laws unless they're included in this particular part of the law. Once you sign the agreement, the park management must give you a signed copy back within 15 business days.

(a) The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part of this chapter.

(b) Management shall return an executed copy of the rental agreement to the homeowner within 15 business days after management has received the rental agreement signed by the homeowner.

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(Amended by Stats. 2004, Ch. 302, Sec. 1. Effective January 1, 2005.)

Section § 798.18

If you're a homeowner renting space, you're entitled to a rental agreement for at least 12 months, unless you request a shorter term or a longer term is agreed upon with the manager. During the first 12 months, the rent and related charges cannot be different from a month-to-month lease. Also, a rental agreement cannot be automatically extended beyond 12 months without both parties agreeing to it.

(a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, or (2) a lesser period as the homeowner may request, or (3) a longer period as mutually agreed upon by both the homeowner and management.

(b) No rental agreement shall contain any terms or conditions with respect to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12 months of the rental agreement from the corresponding terms or conditions that would be offered to the homeowners on a month-to-month basis.

(c) No rental agreement for a term of 12 months or less shall include any provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement beyond the initial term for a term longer than 12 months at the sole option of either the management or the homeowner.

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(Amended by Stats. 1992, Ch. 289, Sec. 2. Effective January 1, 1993.)

Section § 798.19

This law states that any rental agreement for a mobile home in California cannot include a clause that makes the homeowner give up their legal rights outlined in Articles 1 to 8 of this chapter. If such a clause is included, it's considered against public policy and is invalid.

No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8, inclusive, of this chapter. Any such waiver shall be deemed contrary to public policy and void.

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(Amended by Stats. 1982, Ch. 1397, Sec. 7.)

Section § 798.20

This law says that you can't be denied membership in a private club or organization that's required for living in a park based on discrimination reasons like race, gender, or disability, as listed in certain parts of the Government Code. However, there's an exception for housing meant for older people, where different rules apply, especially regarding family status. Other sections of the law are referenced to clarify these rules.

(a) Membership in any private club or organization that is a condition for tenancy in a park shall not be denied on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code.

(b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 4760 of this code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a).

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(Amended by Stats. 2012, Ch. 181, Sec. 26. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)

Section § 798.21

This law says that if a mobile home is not the main residence of the homeowner and isn't rented out, then rent control rules from local governments don't apply. It doesn't force homeowners to share financial info or give park managers access to private records. A mobile home is considered a primary residence unless records show the homeowner gets a tax exemption for another property or lives out of state. If park management plans to change rent based on this info, they must notify the homeowner with documentation. Homeowners have 90 days to respond and possibly stop rent changes if they prove the info is wrong. Exceptions include if the park doesn't allow subleasing, the home is actively for sale, or a legal owner has taken over the mobile home due to foreclosure or surrender of ownership.

(a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not the principal residence of the homeowner and the homeowner has not rented the mobilehome to another party, it shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that the landlord may charge a tenant for rent.

(b) Nothing in this section is intended to require any homeowner to disclose information concerning his or her personal finances. Nothing in this section shall be construed to authorize management to gain access to any records which would otherwise be confidential or privileged.

(c) For purposes of this section, a mobilehome shall be deemed to be the principal residence of the homeowner, unless a review of state or county records demonstrates that the homeowner is receiving a homeowner’s exemption for another property or mobilehome in this state, or unless a review of public records reasonably demonstrates that the principal residence of the homeowner is out of state.

(d) Before modifying the rent or other terms of tenancy as a result of a review of records, as described in subdivision (c), the management shall notify the homeowner, in writing, of the proposed changes and provide the homeowner with a copy of the documents upon which management relied.

(e) The homeowner shall have 90 days from the date the notice described in subdivision (d) is mailed to review and respond to the notice. Management may not modify the rent or other terms of tenancy prior to the expiration of the 90-day period or prior to responding, in writing, to information provided by the homeowner. Management may not modify the rent or other terms of tenancy if the homeowner provides documentation reasonably establishing that the information provided by management is incorrect or that the homeowner is not the same person identified in the documents. However, nothing in this subdivision shall be construed to authorize the homeowner to change the homeowner’s exemption status of the other property or mobilehome owned by the homeowner.

(f) This section does not apply under any of the following conditions:

(1) The homeowner is unable to rent or lease the mobilehome because the owner or management of the mobilehome park in which the mobilehome is located does not permit, or the rental agreement limits or prohibits, the assignment of the mobilehome or the subletting of the park space.

(2) The mobilehome is being actively held available for sale by the homeowner, or pursuant to a listing agreement with a real estate broker licensed pursuant to Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, or a mobilehome dealer, as defined in Section 18002.6 of the Health and Safety Code. A homeowner, real estate broker, or mobilehome dealer attempting to sell a mobilehome shall actively market and advertise the mobilehome for sale in good faith to bona fide purchasers for value in order to remain exempt pursuant to this subdivision.

(3) The legal owner has taken possession or ownership, or both, of the mobilehome from a registered owner through either a surrender of ownership interest by the registered owner or a foreclosure proceeding.

mobilehome park primary residence rent control exemption homeowner's exemption subletting restrictions rent modification notice confidential records sale listing agreement foreclosure possession rental limitations tax exemption change of tenancy terms advertising for sale good faith marketing legal ownership transfer

(Amended by Stats. 2003, Ch. 132, Sec. 1. Effective January 1, 2004.)

Section § 798.22

This rule is about new mobilehome parks built after January 1, 1982. It says that recreational vehicles, like RVs, can only be parked in special areas separate from where mobile homes are placed. Also, a new park doesn't have to follow this rule until three-quarters of its spaces are rented out for the first time.

(a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles as defined by Section 799.29 unless the mobilehome park has a specifically designated area within the park for recreational vehicles, which is separate and apart from the area designated for mobilehomes. Recreational vehicles may be located only in the specifically designated area.

(b) Any new mobilehome park that is developed after January 1, 1982, is not subject to the provisions of this section until 75 percent of the spaces have been rented for the first time.

mobilehome park recreational vehicles separate designated area new development January 1 1982 75 percent occupancy initial rental

(Amended by Stats. 1993, Ch. 666, Sec. 3. Effective January 1, 1994.)

Section § 798.19.5

If you signed or renewed a lease agreement for a mobile home spot in a park on or after January 1, 2006, that agreement can't include a rule saying the park management gets the first chance to buy your mobile home before you sell it to someone else. However, you can make a separate deal that gives the park management this option if you both agree to it as a separate arrangement.

A rental agreement entered into or renewed on and after January 1, 2006, shall not include a clause, rule, regulation, or any other provision that grants to management the right of first refusal to purchase a homeowner’s mobilehome that is in the park and offered for sale to a third party pursuant to Article 7 (commencing with Section 798.70). This section does not preclude a separate agreement for separate consideration granting the park owner or management a right of first refusal to purchase the homeowner’s mobilehome that is in the park and offered for sale.

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(Added by Stats. 2005, Ch. 35, Sec. 1. Effective January 1, 2006.)