Transfer Of Mobilehome Or Mobilehome Park - Mobilehome Residency Law - CA Civil Law

Section § 798.70

If you inherit or acquire ownership of a mobile home in a park after the owner's death, you can advertise it for sale, exchange, or, if allowed, rent. You can put one sign in specific spots like the window or in front of the home, and it must show your contact details. The sign can't be too big. Open houses might be allowed by the park, but they can set rules about them. This law started being effective on July 1, 2016.

(a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying one sign in the window of the mobilehome, or by one sign posted on the side of the mobilehome facing the street, or by one sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display one sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” if allowed by the park. The park may allow open houses and may establish reasonable rules or regulations governing how an open house may be conducted, including rules regarding the number of houses allowed to be open at one time, hours, and parking. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame, A-frame, L-frame, or generally accepted yard-arm type design with the sign face perpendicular to, but not extending into, the street. Management may require the use of a step-in L-frame sign. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent.

(b) This section shall become operative on July 1, 2016.

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(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 288, Sec. 2. (SB 419) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

Section § 798.71

This law prevents mobile home park management from showing or listing a mobile home for sale without the owner's written permission. Management can ask the homeowner to inform them in writing if the home is for sale, but failing to do so doesn't stop the sale. Owners or their agents, including heirs or representatives, can list or sell a home without using park management or a specific broker. Management cannot force sellers to use a designated agent when selling a home in the park. The same applies to homeowners replacing a home; they aren't required to use a specific service. This law doesn't change existing rules for licensing salespeople or dealers, and it started on July 1, 2016.

(a)

(1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing.

(2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer.

(b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. For purposes of this section, “listing” includes advertising the address of the home to the general public.

(c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park.

(d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home.

(e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers.

(f) This section shall become operative on July 1, 2016.

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(Repealed (in Sec. 3) and added by Stats. 2015, Ch. 288, Sec. 4. (SB 419) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

Section § 798.72

This law section says that when someone inherits a mobilehome in a park because the owner died, the park management can't charge them a fee for transferring or selling the mobilehome, unless they specifically ask management to help with the sale. Similarly, when someone new wants to buy a mobilehome and move into the park, management can't charge them a fee for becoming a resident unless they provide a particular service, like a credit check. Management can't charge for interviews as part of this process.

(a) The management shall not charge a homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person a transfer or selling fee as a condition of a sale of his mobilehome within a park unless the management performs a service in the sale. The management shall not perform any such service in connection with the sale unless so requested, in writing, by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person.

(b) The management shall not charge a prospective homeowner or his or her agent, upon purchase of a mobilehome, a fee as a condition of approval for residency in a park unless the management performs a specific service in the sale. The management shall not impose a fee, other than for a credit check in accordance with subdivision (b) of Section 798.74, for an interview of a prospective homeowner.

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(Amended by Stats. 1989, Ch. 745, Sec. 3.)

Section § 798.73

If you sell your mobile home while you're still under your rental contract, the park management can't make you remove it unless certain conditions are met. They can ask for its removal if the mobile home is not considered a mobile home under Section 798.3, it's quite old and doesn't meet health and safety codes, or it's in poor condition. The management has to prove any claims of disrepair and can't force repairs on any park property unless you or your renters caused damage. Plus, they must give you a detailed notice explaining why they want the mobile home gone.

The management shall not require the removal of a mobilehome from the park in the event of the sale of the mobilehome to a third party during the term of the homeowner’s rental agreement or in the 60 days following the initial notice required by paragraph (1) of subdivision (b) of Section 798.55. However, in the event of a sale to a third party, in order to upgrade the quality of the park, the management may require that a mobilehome be removed from the park where:

(a) It is not a “mobilehome” within the meaning of Section 798.3.

(b) It is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more, and the mobilehome does not comply with the health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code.

(c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide, and the mobilehome does not comply with the construction and safety standards under Sections 18550, 18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code.

(d) It is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. The management shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures. The management shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. The management of the park may not require repairs or improvements to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or an agent of the homeowner.

(e) The management shall not require a mobilehome to be removed from the park, pursuant to this section, unless the management has provided to the homeowner notice particularly specifying the condition that permits the removal of the mobilehome.

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(Amended by Stats. 2008, Ch. 179, Sec. 28. Effective January 1, 2009.)

Section § 798.74

In California, if you're selling a mobile home in a park, the park management can approve or reject the new buyer. You must inform them before closing the sale. Management must tell the seller and buyer what they need to qualify and specific credit requirements. They can only reject a buyer for being unable to follow park rules, financial issues, or deception. Buyers can provide more financial info if initially rejected. They have 15 business days to decide after receiving all needed info. Fees for credit reports must go towards the first month's rent or be refunded if rejected. Management must refund the credit check fee if they reject the buyer, and they can be liable for damages if they don't follow these rules.

(a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park.

(b)

(1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale.

(2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1):

(A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval.

(B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park.

(c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply:

(1) Management reasonably determines that, based upon the purchaser’s prior tenancies, they will not comply with the rules and regulations of the park.

(2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park.

(3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process.

(d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following:

(1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b).

(2) Copies of any personal income tax returns.

(e)

(1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with management’s request, if any, for a personal interview.

(2)

(A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, “additional financial information” includes, but is not limited to, the following:

(i) Savings accounts.

(ii) Certificates of deposit.

(iii) Stock portfolios.

(iv) Trust interests of which the purchaser is a beneficiary.

(v) Real property.

(vi) Similar financial assets that can be liquidated or sold.

(B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchaser’s gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park.

(C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchaser’s ability to pay the rent, estimated utilities, and other charges of the park under this subdivision.

(f) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section.

(g) Management may be held liable by the selling homeowner for any and all damages proximately caused by management’s failure to comply with this section.

(h) For purposes of this section:

(1) “Charges” means all charges authorized and imposed by management under Section 798.31.

(2) “Consumer credit reporting agency” has the same meaning as defined in subdivision (d) of Section 1785.3.

(3) “Credit score” has the same meaning as defined in subdivision (b) of Section 1785.15.1.

mobilehome sale park management approval prospective purchaser tenancy application financial documentation credit report fee rejection reasons additional financial information rent and utilities payment ability personal interview administrative costs seller damages compliance liabilities credit score requirement consumer credit reporting agency

(Amended by Stats. 2019, Ch. 504, Sec. 3. (SB 274) Effective January 1, 2020.)

Section § 798.75

If you're buying a mobile home that will stay in the park, the sale agreement must include either a signed rental agreement or a note that you'll agree on rental terms with the park management. If you don't sign the rental agreement, you won't have tenancy rights. If someone stays in the mobile home without tenancy rights, they are considered an unlawful occupant if they don't leave after the park asks them to within five days, and legal action can follow. However, if you're the registered owner, can pay the rent, follow park rules, and the management hasn't offered you a rental agreement, you're not considered an unlawful occupant.

(a) An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, shall contain a copy of either a fully executed rental agreement or a statement signed by the park’s management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement.

(b) In the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy.

(c) In the event that an occupant of a mobilehome has no rights of tenancy and is not otherwise entitled to occupy the mobilehome pursuant to this chapter, the occupant is considered an unlawful occupant if, after a demand is made for the surrender of the mobilehome park site, for a period of five days, the occupant refuses to surrender the site to the mobilehome park management. In the event the unlawful occupant fails to comply with the demand, the unlawful occupant shall be subject to the proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure.

(d) The occupant of the mobilehome shall not be considered an unlawful occupant and shall not be subject to the provisions of subdivision (c) if all of the following conditions are present:

(1) The occupant is the registered owner of the mobilehome.

(2) The management has determined that the occupant has the financial ability to pay the rent and charges of the park; will comply with the rules and regulations of the park, based on the occupant’s prior tenancies; and will comply with this article.

(3) The management failed or refused to offer the occupant a rental agreement.

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(Amended by Stats. 1990, Ch. 645, Sec. 2.)

Section § 798.76

The management of housing communities can set age requirements for new residents if those rules follow federal laws about housing for older people.

The management may require that a prospective purchaser comply with any rule or regulation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations.

age requirements housing for older persons prospective purchaser Fair Housing Act compliance federal regulations management rules public law 104-76 senior housing community residency limitations age-restricted communities

(Amended by Stats. 1996, Ch. 61, Sec. 1. Effective June 10, 1996.)

Section § 798.77

This law states that any rental or sale contract cannot include a clause where the buyer or homeowner gives up their rights under this set of laws. If such a clause is included, it is considered against the law and cannot be enforced.

No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter. Any such waiver shall be deemed contrary to public policy and shall be void and unenforceable.

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(Amended by Stats. 1983, Ch. 519, Sec. 10.)

Section § 798.78

If a person inherits a mobile home in a park because of the original owner's death, they can sell it if they cover all related costs for rent, utilities, and maintenance that have built up since the owner's passing. If these costs aren't paid, the park management can request the home's removal. Before selling, the heir can either repair the existing mobile home or replace it with one that meets health and safety codes. If the heir wants to live in the park, they need to meet certain buyer requirements.

(a) An heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death shall have the right to sell the mobilehome to a third party in accordance with the provisions of this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of the mobilehome and its premises which have arisen since the death of the homeowner have been satisfied as they have accrued pursuant to the rental agreement in effect at the time of the death of the homeowner up until the date the mobilehome is resold.

(b) In the event that the heir, joint tenant, or personal representative of the estate does not satisfy the requirements of subdivision (a) with respect to the satisfaction of the homeowner’s responsibilities and liabilities to the management which accrue pursuant to the rental agreement in effect at the time of the death of the homeowner, the management shall have the right to require the removal of the mobilehome from the park.

(c) Prior to the sale of a mobilehome by an heir, joint tenant, or personal representative of the estate, that individual may replace the existing mobilehome with another mobilehome, either new or used, or repair the existing mobilehome so that the mobilehome to be sold complies with health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder. In the event the mobilehome is to be replaced, the replacement mobilehome shall also meet current standards of the park as contained in the park’s most recent written requirements issued to prospective homeowners.

(d) In the event the heir, joint tenant, or personal representative of the estate desires to establish a tenancy in the park, that individual shall comply with those provisions of this article which identify the requirements for a prospective purchaser of a mobilehome that remains in the park.

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(Amended by Stats. 1989, Ch. 745, Sec. 4.)

Section § 798.79

If a bank or lender forecloses on a mobile home in a park, it can sell that home to someone else, but only if all rent, utility, and maintenance fees owed by the homeowner are paid up until the home is sold again. If the park management has provided a notice that the homeowner's lease is ending because of unpaid rent or other fees, additional rules apply as outlined in another section (798.56a).

(a) Any legal owner or junior lienholder who forecloses on his or her security interest in a mobilehome located in a mobilehome park shall have the right to sell the mobilehome within the park to a third party in accordance with this article, but only if all of the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of a mobilehome and its premises are satisfied by the foreclosing creditor as they accrue through the date the mobilehome is resold.

(b) In the event the legal owner or junior lienholder has received from the management a copy of the notice of termination of tenancy for nonpayment of rent or other charges, the foreclosing creditor’s right to sell the mobilehome within the park to a third party shall also be governed by Section 798.56a.

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(Amended by Stats. 1991, Ch. 190, Sec. 2.)

Section § 798.80

If a mobilehome park owner plans to sell the park, they must notify resident organizations at least 30 days before making a sale offer, but no more than a year in advance. This only applies if residents have already informed the owner about wanting to buy the park and have provided current contact details. Certain transfers, like those to family or within corporations, don't need this notice. Violating this rule doesn't affect property title, but the seller might face a lawsuit. Real estate brokers can still earn their commission on sales.

(a) Not less than 30 days nor more than one year prior to an owner of a mobilehome park entering into a written listing agreement with a licensed real estate broker, as defined in Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, for the sale of the park, or offering to sell the park to any party, the owner shall provide written notice of his or her intention to sell the mobilehome park by first-class mail or by personal delivery to the president, secretary, and treasurer of any resident organization formed by homeowners in the mobilehome park as a nonprofit corporation, pursuant to Section 23701v of the Revenue and Taxation Code, stock cooperative corporation, or other entity for purposes of converting the mobilehome park to condominium or stock cooperative ownership interests and for purchasing the mobilehome park from the management of the mobilehome park. An offer to sell a park shall not be construed as an offer under this subdivision unless it is initiated by the park owner or agent.

(b) An owner of a mobilehome park shall not be required to comply with subdivision (a) unless the following conditions are met:

(1) The resident organization has first furnished the park owner or park manager a written notice of the name and address of the president, secretary, and treasurer of the resident organization to whom the notice of sale shall be given.

(2) The resident organization has first notified the park owner or manager in writing that the park residents are interested in purchasing the park. The initial notice by the resident organization shall be made prior to a written listing or offer to sell the park by the park owner, and the resident organization shall give subsequent notice once each year thereafter that the park residents are interested in purchasing the park.

(3) The resident organization has furnished the park owner or park manager a written notice, within five days, of any change in the name or address of the officers of the resident organization to whom the notice of sale shall be given.

(c) Nothing in this section affects the validity of title to real property transferred in violation of this section, although a violation shall subject the seller to civil action pursuant to Article 8 (commencing with Section 798.84) by homeowner residents of the park or the resident organization.

(d) Nothing in this section affects the ability of a licensed real estate broker, as defined in Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, to collect a commission pursuant to an executed contract between the broker and the mobilehome park owner.

(e) Subdivision (a) does not apply to any of the following:

(1) Any sale or other transfer by a park owner who is a natural person to any relation specified in Section 6401 or 6402 of the Probate Code.

(2) Any transfer by gift, devise, or operation of law.

(3) Any transfer by a corporation to an affiliate. As used in this paragraph, “affiliate” means any shareholder of the transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation, or any other corporation or entity controlled, directly or indirectly, by any shareholder of the transferring corporation.

(4) Any transfer by a partnership to any of its partners.

(5) Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or deed of trust encumbering a mobilehome park or any deed given in lieu of such a foreclosure.

(6) Any sale or transfer between or among joint tenants or tenants in common owning a mobilehome park.

(7) The purchase of a mobilehome park by a governmental entity under its powers of eminent domain.

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(Amended by Stats. 1994, Ch. 219, Sec. 1. Effective January 1, 1995.)

Section § 798.81

If you own a mobile home in a park, the park's management can't stop you or certain other people—like your heirs or agents—from selling it. They also can't make you use the park’s management as your agent to sell your mobile home or approve a new buyer to live in the park.

The management (1) shall not prohibit the listing or sale of a used mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management, (2) nor require the selling homeowner to authorize the management to act as the agent in the sale of a mobilehome as a condition of approval of the buyer or prospective homeowner for residency in the park.

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(Amended by Stats. 1989, Ch. 745, Sec. 5.)

Section § 798.82

This law requires that when someone applies to live in a mobilehome or manufactured home on a new pad, the park management must inform them in writing if the area may have a fee for school facilities. This applies to pads built after September 1, 1986, where no home was placed before.

The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or mobilehome on a space, on which the construction of the pad or foundation system commenced after September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the manufactured home or mobilehome may be subject to a school facilities fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of, the Government Code.

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(Added by Stats. 1994, Ch. 983, Sec. 1. Effective January 1, 1995.)

Section § 798.83

If you sell or transfer your mobile home and it's staying in the park, the park management can't demand you fix or improve anything they own, unless you or someone working for you caused damage.

In the case of a sale or transfer of a mobilehome that will remain in the park, the management of the park shall not require repairs or improvements to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or an agent of the homeowner.

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(Added by Stats. 1997, Ch. 367, Sec. 2. Effective January 1, 1998.)

Section § 798.73.5

When a mobile home is sold or transferred within a park, the park management can only ask for repairs or improvements under certain conditions. These repairs must be related to the mobile home or its non-management-owned attachments, and they must be required by local laws or park regulations concerning mobile homes. The repairs should address exterior issues only. Within 10 business days of a homeowner's request, management must give a written summary of required repairs, citing specific rules or laws. These rules ensure that only necessary repairs are asked for during a sale, and they're the same as those required at any time during a residency.

(a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions:

(1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.

(2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes.

(3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.

(b) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based.

(c) The provisions of this section enacted at the 1999–2000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency.

mobile home sale park management repairs requirement accessory structure appurtenances local ordinance state statute exterior improvements written summary enforcement of rules existing law homeowner request park regulations transfer within park residency requirements

(Added by Stats. 2000, Ch. 554, Sec. 1. Effective January 1, 2001.)

Section § 798.74.4

When you buy or sell a manufactured home or mobile home in a park, you need to follow special rules about sharing important information, known as disclosure requirements. One key part of this is using a specific form called the Manufactured Home and Mobilehome Transfer Disclosure Statement.

The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclosure requirements and provisions set forth in Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of the Civil Code. The requirements include, but are not limited to, the use of the Manufactured Home and Mobilehome Transfer Disclosure Statement set forth in Section 1102.6d of the Civil Code.

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(Added by Stats. 2003, Ch. 249, Sec. 2. Effective January 1, 2004.)

Section § 798.74.5

If you're thinking about moving into a mobile home park and want to buy a home there, the park management must give you important information within two business days. This info includes details about your role as a homeowner and park resident, how much rent you'll pay, and any additional fees. You should also know about potential restrictions like rent control, which may not apply if you don't live there year-round, and that entering a long-term lease might exclude your space from local rent control. To finalize the purchase and live there, you need a signed lease with the park. If a fee to check your credit is charged, it will be credited towards your first rent if approved, or refunded if rejected. Make sure to ask for and read the lease, park rules, and Mobilehome Residency Law to understand fully before moving in.

(a) Within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a mobilehome park, if the management has been advised that the mobilehome occupying that space is for sale, the management shall give the prospective homeowner a separate document in at least 12-point type entitled “INFORMATION FOR PROSPECTIVE HOMEOWNERS,” which includes the following statements:

“As a prospective homeowner you are being provided with certain information you should know prior to applying for tenancy in a mobilehome park. This is not meant to be a complete list of information.

Owning a home in a mobilehome park incorporates the dual role of “homeowner” (the owner of the home) and park resident or tenant (also called a “homeowner” in the Mobilehome Residency Law). As a homeowner under the Mobilehome Residency Law, you will be responsible for paying the amount necessary to rent the space for your home, in addition to other fees and charges described below. You must also follow certain rules and regulations to reside in the park.

If you are approved for tenancy, and your tenancy commences within the next 30 days, your beginning monthly rent will be $____ (must be completed by the management) for space number ____ (must be completed by the management). Additional information regarding future rent or fee increases may also be provided.

In addition to the monthly rent, you will be obligated to pay to the park the following additional fees and charges listed below. Other fees or charges may apply depending upon your specific requests. Metered utility charges are based on use.

(Management shall describe the fee or charge and a good faith
estimate of each fee or charge.)

Some spaces are governed by an ordinance, rule, regulation, or initiative measure that limits or restricts rents in mobilehome parks. These laws are commonly known as “rent control.” Prospective purchasers who do not occupy the mobilehome as their principal residence may be subject to rent levels which are not governed by these laws. (Civil Code Section 798.21) Long-term leases specify rent increases during the term of the lease. By signing a rental agreement or lease for a term of more than one year, you may be removing your rental space from a local rent control ordinance during the term, or any extension, of the lease if a local rent control ordinance is in effect for the area in which the space is located.

A fully executed lease or rental agreement, or a statement signed by the park’s management and by you stating that you and the management have agreed to the terms and conditions of a rental agreement, is required to complete the sale or escrow process of the home. You have no rights to tenancy without a properly executed lease or agreement or that statement. (Civil Code Section 798.75)

If the management collects a fee or charge from you in order to obtain a financial report or credit rating, the full amount of the fee or charge will be either credited toward your first month’s rent or, if you are rejected for any reason, refunded to you. However, if you are approved by management, but, for whatever reason, you elect not to purchase the mobilehome, the management may retain the fee to defray its administrative costs. (Civil Code Section 798.74)

We encourage you to request from management a copy of the lease or rental agreement, the park’s rules and regulations, and a copy of the Mobilehome Residency Law. Upon request, park management will provide you a copy of each document. We urge you to read these documents before making the decision that you want to become a mobilehome park resident.

Dated:

_____

Signature of Park Manager:

Acknowledge Receipt by Prospective Homeowner: ”

(b) Management shall provide a prospective homeowner, upon his or her request, with a copy of the rules and regulations of the park and with a copy of this chapter.

mobilehome park residency prospective homeowner information rent control additional fees tenancy approval lease agreement rental application process credit fee refund park rules and regulations Mobilehome Residency Law long-term lease effects principal residence occupancy rent level governance park management responsibilities financial report fee

(Amended by Stats. 2012, Ch. 337, Sec. 1. (AB 317) Effective January 1, 2013.)

Section § 798.75.5

This law requires mobile home park management to give potential homeowners a written form with important information about the park at least three days before signing a rental agreement. The information on this form must be updated every year or whenever there's a major change in the park's condition. The exact details of the disclosure form are outlined in another document.

(a) The management shall provide a prospective homeowner with a completed written disclosure form concerning the park described in subdivision (b) at least three days prior to execution of a rental agreement or statement signed by the park management and the prospective homeowner that the parties have agreed to the terms and conditions of the rental agreement. The management shall update the information on the disclosure form annually, or, in the event of a material change in the condition of the mobilehome park, at the time of the material change in that condition.

(b) The written disclosure form shall read as follows:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Mobilehome Park Rental
Agreement Disclosure Form appears in the hard-copy publication of
the chaptered bill. See Sec. 1, Chapter 517, Statutes of 1999.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

mobile home park rental agreement disclosure form prospective homeowner park management material change condition update written form management duties agreement terms annual update

(Added by Stats. 1999, Ch. 517, Sec. 1. Effective January 1, 2000. Note: See published chaptered bill for complete section text. The Mobilehome Park Rental Agreement Disclosure Form appeared on pages 2 to 3 of Ch. 517 and now appears on pages 3383 to 3384 in Vol. 2 of the 1999 Statutes publication.)

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