The management shall give a homeowner written notice of any increase in his or her rent at least 30 days before the date of the increase, and the reason for the increase, including the basis for any calculation used in determining the amount of the increase.
Article 4Fees and Charges
Section § 800.40
If the management wants to increase a homeowner's rent, they must provide a written notice at least 30 days before the rent hike. This notice must also explain why the rent is being increased and how they calculated the new amount.
rent increase written notice 30 days notice homeowner management reason for increase calculation basis notice period rent hike explanation rental agreement rent calculation landlord notification tenant rights housing costs rent adjustment
Section § 800.41
If you own a home, you only have to pay for rent, utilities, and any reasonable extra services you actually use. You can't be charged for getting a rental agreement on a floating home spot for one year or less, unless you agree to a fee for more than a year with management.
A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered.
A homeowner shall not be charged a fee for obtaining a rental agreement on a floating home berth for (1) a term of 12 months, or (2) a lesser period as mutually agreed upon by both the homeowner and the management. A fee may be charged for a rental agreement of more than one year if the fee is mutually agreed upon by both the homeowner and management.
homeowner fees floating home berth rental agreement rent fees utility charges incidental charges reasonable services floating home rental lease term mutually agreed fees management agreement
Section § 800.42
If you're a homeowner, you won't have to pay for any services that aren't mentioned in your rental agreement unless management gives you a written notice at least 60 days before they start charging you for them.
A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge.
homeowner fees services rendered rental agreement written notice 60 days notice management charge imposition of charges rental service fees homeowner charges advance notification unexpected fees rental contract terms notice period for fees
Section § 800.43
If you live in a floating home marina, you won't have to pay extra to keep a pet unless the marina offers special services or facilities for pets. If they do provide such amenities, any fee charged should fairly reflect the cost of these services and consider how many pets are there.
A homeowner shall not be charged a fee for keeping a pet in the floating home marina unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the floating home marina.
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Section § 800.44
If you own a floating home, you can't be charged for a guest who stays with you for less than 20 days in a row or under 30 days within a year. You also don't have to register such a guest. If you live alone and want to share your floating home with another person, you can do so without management charging a fee. This person is considered your guest, and they must follow the marina's rules. However, whatever agreement you have with this guest won't change your lease terms with the marina.
(a)CA Civil Law Code § 800.44(a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. Such a guest shall not be required to register with the management.
(b)CA Civil Law Code § 800.44(b) A homeowner who is living alone and who wishes to share his or her floating home with one person may do so, and a fee shall not be imposed by management for that person. The person shall be considered a guest of the homeowner and any agreement between the homeowner and the person shall not change the terms and conditions
of the rental agreement between management and the homeowner. The guest shall comply with the provisions of the rules and regulations of the floating home marina.
homeowner fees guest registration floating home marina consecutive days calendar year shared living marina rules management fee rental agreement neighbor sharing homeowner rights guest compliance living arrangement terms and conditions floating home
Section § 800.45
This law states that a homeowner can't be charged extra fees just because they have a big family. "Immediate family" here means the homeowner, their spouse, their parents, and their kids.
A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” includes the homeowner and his or her spouse, their parents, and their children.
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Section § 800.46
If you own a floating home in a marina, you don't have to pay any fees when the marina enforces its rules.
A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the floating home marina.
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Section § 800.47
This section states that a homeowner cannot be charged extra fees for things like entry, installation, hookup, or landscaping when moving into a floating home marina unless it's a fee required by local laws for their specific spot. Landscaping rules can be set by the marina, but residents can't be forced to buy services or goods from specific vendors chosen by management.
Unless the homeowner specifically requests the service in writing from the management, a homeowner shall not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific berth where the floating home is located and not incurred as a portion of the development of the floating home marina as a whole. However, reasonable landscaping and maintenance requirements may be included in the floating home marina rules and regulations. The management shall not require a homeowner or
prospective homeowner to purchase, rent, or lease goods or services for landscaping from any person, company, or corporation.
floating home marina entry fee installation fee hookup fee landscaping fee homeowner charges tenancy conditions local governmental ordinance landscape rules marina regulations goods and services landscaping requirements fee restrictions entry costs berth occupancy
Section § 800.48
If a management company supplies utility services using both a master meter and individual submeters for homeowners, it must provide a clear breakdown of utility charges on each bill. They must also display the current utility rates in a noticeable location for homeowners to see.
Where the management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his or her meter. The management shall post in a conspicuous place, the prevailing residential utilities rate schedule as published by the serving utility.
master meter submeter service utility charges billing period meter readings residential utilities rate schedule published rates serving utility conspicuous place cost of charges homeowner meters utility service management billing transparency rate schedule posting
Section § 800.49
This law limits security deposits for floating homes and says the management can only ask for a deposit worth up to two months' rent before someone moves in. They can't ask for more after that. If a homeowner pays their rent, utilities, and fees on time for 12 months, or if they sell the floating home, they can ask for their deposit back and should get it within 30 days. If a new owner takes over the marina, they have to follow these rules too. Management doesn't have to put the deposit in an account that earns interest, and these rules apply to deposits collected after January 1, 1991.
(a)CA Civil Law Code § 800.49(a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months’ rent that is charged at the inception of the tenancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following initial occupancy.
(b)CA Civil Law Code § 800.49(b) After the homeowner has promptly paid to the management within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for any
12-consecutive-month period subsequent to the collection of the security deposit by the management, or upon resale of the floating home, whichever occurs earlier, the management shall, upon the receipt of a written request from the homeowner, refund to the homeowner the amount of the security deposit within 30 days following the end of the 12-consecutive-mon th period of prompt payment or the date of the resale of the floating home.
(c)CA Civil Law Code § 800.49(c) In the event that the interest in the floating home marina is transferred to any other party or entity, the successor in interest shall have the same obligations of management contained in this section with respect to the security deposit.
(d)CA Civil Law Code § 800.49(d) The management shall not be required to place any security deposit collected in an interest-bearing account or to provide a homeowner with any interest on the security deposit collected.
(e)CA Civil Law Code § 800.49(e) This section applies to all security deposits collected on or after January 1, 1991.
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Section § 800.50
Management at a floating home marina cannot take a legal claim over a floating home, like a lien or security interest, unless it's to enforce a court judgment or both the homeowner and management have agreed to it. Payments related to this agreement must be separate from the normal rent.
The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in a floating home located in the floating home marina unless it is mutually agreed upon by both the homeowner and management. Any billing and payment upon the obligation shall be kept separate from current rent.
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Section § 800.40.5
This law limits how much rent can be increased for people renting berths for their floating homes in certain California counties. For most cases, the rent can't go up more than 3% plus the change in the cost of living or 5%, whichever is less, within a year. New tenants can be charged a different starting rate, but existing rules about rent limits must be followed. If someone buys a floating home and keeps it in the same spot, their rent should stay the same as the previous tenant's rent initially. Certain affordable housing situations are exceptions to these rules. Any rent increases must be notified properly, and any waiver of rights under this law is void. These rules apply until January 1, 2030, only affecting Alameda, Contra Costa, and Marin Counties.
(a)Copy CA Civil Law Code § 800.40.5(a)
(1)Copy CA Civil Law Code § 800.40.5(a)(1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating home berth in a floating home marina more than 3 percent plus the percentage change in the cost of living, or 5 percent, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase.
(2)CA Civil Law Code § 800.40.5(a)(2) If the same homeowner maintains a tenancy over any 12-month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.
(b)Copy CA Civil Law Code § 800.40.5(b)
(1)Copy CA Civil Law Code § 800.40.5(b)(1) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the floating home berth, management may establish the initial rental rate not subject to subdivision (a). However, if the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, that ordinance, rule, regulation, or initiative measure shall apply. Subdivision (a) shall be applicable to subsequent increases after the initial rental rate has been established, except as otherwise provided in this section.
(2)CA Civil Law Code § 800.40.5(b)(2) Notwithstanding paragraph (1), management shall not impose an increase in rent on a homeowner that purchases a floating home if the purchase qualifies as an in-place transfer, and the initial rental rate shall be set at the rental rate of the previous
tenancy. Subdivision (a) shall be applicable to subsequent increases after the initial rental rate has been established.
(c)CA Civil Law Code § 800.40.5(c) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each homeowner in accordance with Section 800.40.
(d)CA Civil Law Code § 800.40.5(d) Subdivision (a) shall not apply to a tenancy for any of the following:
(1)CA Civil Law Code § 800.40.5(d)(1) A floating home berth restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health
and Safety Code or comparable federal statutes.
(2)CA Civil Law Code § 800.40.5(d)(2) A floating home berth subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a).
(e)Copy CA Civil Law Code § 800.40.5(e)
(1)Copy CA Civil Law Code § 800.40.5(e)(1) (A) This section shall apply to all rent increases occurring on or after January 1, 2022.
(B)CA Civil Law Code § 800.40.5(e)(1)(B) This section shall become operative January 1, 2023.
(2)CA Civil Law Code § 800.40.5(e)(2) In the event that management has increased the rent by more than the amount permissible under subdivision (a) between January 1, 2022, and January 1, 2023, both of the following shall apply:
(A)CA Civil Law Code § 800.40.5(e)(2)(A) The applicable rent on January 1, 2023, shall be the
rent as of January 1, 2022, plus the maximum permissible increase under subdivision (a).
(B)CA Civil Law Code § 800.40.5(e)(2)(B) Management shall not be liable to a homeowner for any corresponding rent overpayment.
(f)CA Civil Law Code § 800.40.5(f) Any waiver of the rights under this section shall be void as contrary to public policy.
(g)CA Civil Law Code § 800.40.5(g) For the purposes of this section:
(1)CA Civil Law Code § 800.40.5(g)(1) “Consumer Price Index for All Urban Consumers for All Items” means the CPI-U for the San Francisco-Oakland-Hayward metropolitan area, or any successor metropolitan area index.
(2)Copy CA Civil Law Code § 800.40.5(g)(2)
(A)Copy CA Civil Law Code § 800.40.5(g)(2)(A) “Percentage change in the cost of living” means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this
paragraph.
(B)Copy CA Civil Law Code § 800.40.5(g)(2)(A)(B)
(i)Copy CA Civil Law Code § 800.40.5(g)(2)(A)(B)(i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:
(I)CA Civil Law Code § 800.40.5(g)(2)(A)(B)(i)(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.
(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.
(ii)CA Civil Law Code § 800.40.5(g)(2)(A)(B)(i)(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:
(I)CA Civil Law Code § 800.40.5(g)(2)(A)(B)(i)(ii)(I) The percentage change
shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.
(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.
(iii)CA Civil Law Code § 800.40.5(g)(2)(A)(B)(i)(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.
(3)CA Civil Law Code § 800.40.5(g)(3) “In place transfer” means the sale of a floating home where the floating home is transferred by a homeowner to a subsequent homeowner and remains docked at the same berth.
(h)Copy CA Civil Law Code § 800.40.5(h)
(1)Copy CA Civil Law Code § 800.40.5(h)(1) Nothing in this section affects the authority of a local government to adopt or
maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent or the rental rate for a new tenancy, including any ordinance, rule, regulation, or initiative measure adopted before the effective date of this section. However, if a local ordinance, rule, regulation, or initiative measure allows for the rental rate for a new tenancy or a rental rate increase greater than that provided in subdivision (a), this section shall apply.
(2)CA Civil Law Code § 800.40.5(h)(2) This section is not intended to express any policy regarding the appropriate, allowable rental rate increase limitations imposed by ordinance, rule, regulation, or initiative measure regulating rent increases adopted before or after the effective date of this section.
(i)CA Civil Law Code § 800.40.5(i) This section shall only apply to floating home marinas in the Counties of Alameda, Contra Costa, and Marin.
(j)CA Civil Law Code § 800.40.5(j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
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