Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupant’s recreational vehicle removed from the lot which is the subject of the registration agreement between the park and the occupant pursuant to Section 799.57, the management shall serve a 72-hour written notice as prescribed in Section 799.56. A defaulting occupant may correct his or her payment deficiency within the 72-hour period during normal business hours.
Article 3Defaulting Occupants
Section § 799.55
This law explains that before a park management can remove a recreational vehicle from a lot due to missed payments, they must first give the occupant a 72-hour written notice. During this time, the occupant has the chance to pay what they owe to avoid having their vehicle removed. There is an exception noted in another section, but generally, paying up within this period can resolve the issue.
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Section § 799.56
If someone living in a recreational vehicle (RV) in a park hasn't paid their dues or is otherwise not complying, the park management must give them a 72-hour written notice. This notice can be handed directly to the person or left with someone responsible on the RV, and a copy must be placed on the RV and mailed. If the person can't move their RV due to a physical inability or because the RV isn't motorized, they have seven days to leave instead. The notice must also be given to local law enforcement, either the city police or county sheriff, depending on the park's location.
(a)CA Civil Law Code § 799.56(a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant personally or to a person of suitable age and discretion who is occupying the recreational vehicle located on the lot. In the latter event, a copy of the notice shall also be affixed in a conspicuous place on the recreational vehicle and shall be sent through the mail addressed to the occupant at the place where the property is located and, if available, any other address which the occupant has provided to management in the registration
agreement. Delivery of the 72-hour notice to a defaulting occupant who is incapable of removing the occupant’s recreational vehicle from the park because of a physical incapacity shall not be sufficient to satisfy the requirements of this section.
(b)CA Civil Law Code § 799.56(b) In the event that the defaulting occupant is incapable of removing the occupant’s recreational vehicle from the park because of a physical incapacity or because the recreational vehicle is not motorized and cannot be moved by the occupant’s vehicle, the default shall be cured within 72 hours, but the date to quit shall be no less than seven days after service of the notice.
(c)CA Civil Law Code § 799.56(c) The management shall also serve a copy of the notice to the city police if the park is located in a city, or, if the park is located in an unincorporated area, to the county sheriff.
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Section § 799.57
This law says that if someone who is using a recreational vehicle in a park fails to leave after they’ve been given a written notice, the park management can have that vehicle towed to a nearby storage spot 72 hours after they got the notice.
The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the management has authority pursuant to Section 799.58 to have the recreational vehicle removed from the lot to the nearest secured storage facility.
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Section § 799.58
This law says that if someone doesn't move their vehicle out of a recreational park after being given notice, the police or sheriff can remove them after 72 hours. If the person doesn't comply, the management can then tow the vehicle to a nearby storage facility. The notice that was given to the occupant is only valid for seven days.
Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the expiration of 72 hours following service of the notice on the defaulting occupant, the police or sheriff, shall remove or cause to be removed any person in the recreational vehicle. The management may then remove or cause the removal of a defaulting occupant’s recreational vehicle parked on the premises of the park to the nearest secured storage facility. The notice shall be void seven days after the date of
service of the notice.
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Section § 799.59
This law requires that when management takes a recreational vehicle from someone who hasn't paid or is in default, both the management and the people they hire to do the job must handle the vehicle carefully and responsibly while moving it to storage.
When the management removes or causes the removal of a defaulting occupant’s recreational vehicle, the management and the individual or entity that removes the recreational vehicle shall exercise reasonable and ordinary care in removing the recreational vehicle to the storage area.
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