Mobilehome Residency LawTermination of Tenancy

Section § 798.55

Explanation

This law is about the protections given to mobilehome owners in mobilehome parks, mainly to prevent eviction due to the high costs and challenges associated with moving mobilehomes. The park management cannot end a tenancy without a proper reason and must give at least 60 days' written notice. This notice should be also sent to interested parties like lienholders. If the homeowner sells the mobilehome, they need to pay any overdue rent and utilities. If rent isn't paid within three days after notice, notice must also be sent by registered mail. If the park takes legal action and wins, they can recover certain costs related to title searches. Even if a notice to remove a mobilehome is given, the homeowner must still follow park rules while their mobilehome is there. Fulfilling these rules doesn't cancel the notice to remove the home.

(a)CA Civil Law Code § 798.55(a) The Legislature finds and declares that, because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, and the cost of landscaping or lot preparation, it is necessary that the owners of mobilehomes occupied within mobilehome parks be provided with the unique protection from actual or constructive eviction afforded by the provisions of this chapter.
(b)Copy CA Civil Law Code § 798.55(b)
(1)Copy CA Civil Law Code § 798.55(b)(1) The management may not terminate or refuse to renew a tenancy, except for a reason specified in this article and upon the giving of written notice to the homeowner, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to sell or remove, at the homeowner’s election, the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, as defined in Section 18005.8 of the Health and Safety Code, each junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner. The copy may be sent by regular mail or by certified or registered mail with return receipt requested, at the option of the management.
(2)CA Civil Law Code § 798.55(b)(2) The homeowner shall pay past due rent and utilities upon the sale of a mobilehome pursuant to paragraph (1).
(c)CA Civil Law Code § 798.55(c) If the homeowner has not paid the rent due within three days after notice to the homeowner, and if the first notice was not sent by certified or registered mail with return receipt requested, a copy of the notice shall again be sent to the legal owner, each junior lienholder, and the registered owner, if other than the homeowner, by certified or registered mail with return receipt requested within 10 days after notice to the homeowner. Copies of the notice shall be addressed to the legal owner, each junior lienholder, and the registered owner at their addresses, as set forth in the registration card specified in Section 18091.5 of the Health and Safety Code.
(d)CA Civil Law Code § 798.55(d)  If management obtains a court judgment against a homeowner or resident, the cost incurred by management in obtaining a title search for the purpose of complying with the notice requirements of this section shall be recoverable as a cost of suit.
(e)CA Civil Law Code § 798.55(e) The resident of a mobilehome that remains in the mobilehome park after service of the notice to sell or remove the mobilehome shall continue to be subject to this chapter and the rules and regulations of the park, including rules regarding maintenance of the space.
(f)CA Civil Law Code § 798.55(f) No lawful act by the management to enforce this chapter or the rules and regulations of the park may be deemed or construed to waive or otherwise affect the notice to remove the mobilehome.
mobilehome eviction protection tenancy termination written notice ...

Section § 798.56

Explanation

This law outlines the specific reasons a mobile home park management can terminate a tenancy. These reasons include not adhering to local or state mobile home-related laws, causing a nuisance, criminal activity on the premises, breaking park rules, not paying rent or other charges, park condemnation, or if the park's land use changes. Tenants must receive proper written notice and are allowed opportunities to correct certain issues. For instance, payment of rent can avoid eviction if done quickly. Changes in park use require substantial advance notice. Additionally, the park must be legally permitted to operate for eviction actions to be valid. This law will be active starting February 1, 2025.

A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)CA Civil Law Code § 798.56(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)CA Civil Law Code § 798.56(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)Copy CA Civil Law Code § 798.56(c)
(1)Copy CA Civil Law Code § 798.56(c)(1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome.
(2)CA Civil Law Code § 798.56(c)(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)CA Civil Law Code § 798.56(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)Copy CA Civil Law Code § 798.56(e)
(1)Copy CA Civil Law Code § 798.56(e)(1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
“Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.”
(2)CA Civil Law Code § 798.56(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)CA Civil Law Code § 798.56(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)CA Civil Law Code § 798.56(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)CA Civil Law Code § 798.56(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)CA Civil Law Code § 798.56(6) When a copy of the 60 days’ notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)CA Civil Law Code § 798.56(6)(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)CA Civil Law Code § 798.56(6)(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)CA Civil Law Code § 798.56(6)(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)CA Civil Law Code § 798.56(f) Condemnation of the park.
(g)CA Civil Law Code § 798.56(g) Change of use of the park or any portion thereof, provided:
(1)CA Civil Law Code § 798.56(g)(1) The management gives the homeowners at least 60 days’ written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)Copy CA Civil Law Code § 798.56(g)(2)
(A)Copy CA Civil Law Code § 798.56(g)(2)(A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy.
(B)CA Civil Law Code § 798.56(g)(2)(A)(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)CA Civil Law Code § 798.56(g)(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowner’s tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)CA Civil Law Code § 798.56(g)(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
(5)CA Civil Law Code § 798.56(g)(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)CA Civil Law Code § 798.56(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)CA Civil Law Code § 798.56(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(j)CA Civil Law Code § 798.56(j) For purposes of this section, “financial institution” means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k)CA Civil Law Code § 798.56(k) This section shall become operative on February 1, 2025.
mobile home park tenancy termination noncompliance ...

Section § 798.56

Explanation

This law outlines what legal owners and junior lienholders must do if a mobile home tenant receives a notice to end their tenancy. They have options, like offering to sell their financial interest in the mobile home to the park management, starting foreclosure on the home, or asking the management to handle the eviction while covering legal costs. If the lienholders choose to sell the mobile home themselves, they must meet certain conditions, like maintaining the home and following park rules during the sale process. If nobody takes action within the allowed time, the park can remove or store the mobile home and has certain rights to cover costs. If the home is designated for disposal, park management must follow specific steps, including notifying tax officials and providing detailed evidence of disposal. All exchanges must be properly documented and sent via certified mail. Paying off any debt on the mobile home won’t stop the eviction if the initial reason for eviction still stands.

(a)CA Civil Law Code § 798.56(a) Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following:
(1)CA Civil Law Code § 798.56(a)(1) Its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice.
(2)CA Civil Law Code § 798.56(a)(2) Its intention to foreclose on its security interest in the mobilehome.
(3)CA Civil Law Code § 798.56(a)(3) Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorney’s fees and court costs incurred by the management in that action. If this request and offer are made, the legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorney’s fees and court costs, as agreed upon by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowner’s tenancy, on or before the earlier of (A) the 60th calendar day following receipt of written notice from the management of the aggregate amount of those reasonable attorney’s fees and costs or (B) the date the mobilehome is resold.
(b)CA Civil Law Code § 798.56(b) A legal owner, if any, or junior lienholder, if any, may sell the mobilehome within the park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met:
(1)CA Civil Law Code § 798.56(b)(1) The legal owner, if any, or junior lienholder, if any, notifies management in writing of the intention to exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the date the mobilehome is resold.
(2)CA Civil Law Code § 798.56(b)(2) Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and necessary corrective actions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calendar days of that notice, or before the date that the mobilehome is sold, whichever is earlier.
(3)CA Civil Law Code § 798.56(b)(3) The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party.
(c)CA Civil Law Code § 798.56(c) For purposes of subdivision (b), the “homeowner’s responsibilities and liabilities” means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regulations.
(d)CA Civil Law Code § 798.56(d) If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bankruptcy.
(e)Copy CA Civil Law Code § 798.56(e)
(1)Copy CA Civil Law Code § 798.56(e)(1) Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwithstanding any other provision of law, the management shall have a warehouse lien in accordance with Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Upon completion of any sale to enforce the warehouse lien in accordance with Section 7210 of the Commercial Code, the management shall provide the purchaser at the sale with evidence of the sale, as shall be specified by the Department of Housing and Community Development, that shall, upon proper request by the purchaser of the mobilehome, register title to the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome.
(2)Copy CA Civil Law Code § 798.56(e)(2)
(A)Copy CA Civil Law Code § 798.56(e)(2)(A) Notwithstanding any other law, if the management of a mobilehome park acquires a mobilehome after enforcing the warehouse lien and files a notice of disposal pursuant to subparagraph (B) with the Department of Housing and Community Development to designate the mobilehome for disposal, management or any other person enforcing this warehouse lien shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, provided that management notifies the county tax collector in the county in which the mobilehome is located of management’s intent to apply to have the mobilehome designated for disposal after a warehouse lien sale. The written notice shall be sent to the county tax collector no less than 30 days after the date of the sale to enforce the lien against the mobilehome by first class mail, postage prepaid.
(B)Copy CA Civil Law Code § 798.56(e)(2)(A)(B)
(i)Copy CA Civil Law Code § 798.56(e)(2)(A)(B)(i) In order to dispose of a mobilehome after a warehouse lien sale, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department, no less than 30 days after the date of sale to enforce the lien against the mobilehome.
(ii)CA Civil Law Code § 798.56(e)(2)(A)(B)(i)(ii) After filing a notice of disposal pursuant to clause (i), the management may dispose of the mobilehome after obtaining the information required by applicable laws.
(C)Copy CA Civil Law Code § 798.56(e)(2)(A)(C)
(i)Copy CA Civil Law Code § 798.56(e)(2)(A)(C)(i) Within 30 days of the date of the disposal of the mobilehome, the management shall submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(I)CA Civil Law Code § 798.56(e)(2)(A)(C)(i)(I) Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(II) A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(III) The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(ii)CA Civil Law Code § 798.56(e)(2)(A)(C)(i)(ii) The information required pursuant to clause (i) shall be submitted under penalty of perjury.
(D)CA Civil Law Code § 798.56(e)(2)(A)(D) For purposes of this paragraph, “dispose” or “disposal” shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(f)CA Civil Law Code § 798.56(f) All written notices required by this section, except the notice in paragraph (2) of subdivision (e), shall be sent to the other party by certified or registered mail with return receipt requested.
(g)CA Civil Law Code § 798.56(g) Satisfaction, pursuant to this section, of the homeowner’s accrued or accruing responsibilities and liabilities shall not cure the default of the homeowner.
mobile home eviction legal owner options junior lienholder ...

Section § 798.57

Explanation
When ending a lease, management must give a detailed reason for the termination. This includes specific details like when and where the issue happened, who witnessed it, and the circumstances involved. Simply citing a law or its wording isn't enough for a proper notice.
The management shall set forth in a notice of termination, the reason relied upon for the termination with specific facts to permit determination of the date, place, witnesses, and circumstances concerning that reason. Neither reference to the section number or a subdivision thereof, nor a recital of the language of this article will constitute compliance with this section.
notice of termination lease termination specific facts ...

Section § 798.58

Explanation

This law states that you can only end a mobile home tenancy for specific reasons outlined in another section, not just to give the spot to someone else who wants to buy or rent a mobile home from the park owner or their agent.

Tenancy may only be terminated for reasons contained in Section 798.56, and a tenancy may not be terminated for the purpose of making a homeowner’s site available for a person who purchased or proposes to purchase, or rents or proposes to rent, a mobilehome from the owner of the park or the owner’s agent.
tenancy termination mobile home park homeowner site ...

Section § 798.59

Explanation

If you're a homeowner planning to move out, you need to inform the management at least 60 days in advance with a written notice.

A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy.
homeowner notice vacating tenancy written notice ...

Section § 798.60

Explanation
This law section states that nothing in this article changes or impacts any rights or processes described in another specific part of the legal code, unless this article specifically says otherwise.
The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure except as otherwise provided herein.
rights preservation proceedings unaffected Chapter 4 ...

Section § 798.61

Explanation

This law outlines the procedures for handling an abandoned mobile home in a mobile home park. A mobile home is considered "abandoned" if it's unoccupied, hasn't had rent paid for 60 days, and appears abandoned to a reasonable person. Management must notify the homeowner and relevant parties, then wait 30 days before taking legal action to declare it abandoned. They can also decide to dispose of the mobile home. If the court agrees it's abandoned, management can either sell or dispose of it, notifying the court about its actions. The management is exempted from obtaining a tax clearance certificate for disposal but must comply with reporting requirements and provide details to the Department of Housing and Community Development.

(a)Copy CA Civil Law Code § 798.61(a)
(1)Copy CA Civil Law Code § 798.61(a)(1) As used in this section, “abandoned mobilehome” means a mobilehome about which all of the following are true:
(A)CA Civil Law Code § 798.61(a)(1)(A) It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.
(B)CA Civil Law Code § 798.61(a)(1)(B) It is unoccupied.
(C)CA Civil Law Code § 798.61(a)(1)(C) A reasonable person would believe it to be abandoned.
(D)CA Civil Law Code § 798.61(a)(1)(D) It is not permanently affixed to the land.
(2)CA Civil Law Code § 798.61(a)(2) As used in this section:
(A)CA Civil Law Code § 798.61(a)(2)(A) “Mobilehome” shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code.
(B)CA Civil Law Code § 798.61(a)(2)(B) “Abandoned mobilehome” shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1).
(C)CA Civil Law Code § 798.61(a)(2)(C) “Dispose” or “disposal” shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(b)CA Civil Law Code § 798.61(b) After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.
(c)Copy CA Civil Law Code § 798.61(c)
(1)Copy CA Civil Law Code § 798.61(c)(1) Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.
(2)CA Civil Law Code § 798.61(c)(2) To dispose of an abandoned mobilehome pursuant to subdivision (f), the management shall also do all of the following:
(A)CA Civil Law Code § 798.61(c)(2)(A) Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code.
(B)CA Civil Law Code § 798.61(c)(2)(B) Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal.
(C)CA Civil Law Code § 798.61(c)(2)(C) Notify the county tax collector in the county in which the mobilehome park is located of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail.
(D)CA Civil Law Code § 798.61(c)(2)(D) Declare in the petition that management intends to file a notice of disposal with the Department of Housing and Community Development and complete the disposal process consistent with the requirements of subdivision (f).
(d)Copy CA Civil Law Code § 798.61(d)
(1)Copy CA Civil Law Code § 798.61(d)(1) Hearing on the petition shall be given precedence over other matters on the court’s calendar.
(2)CA Civil Law Code § 798.61(d)(2) If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorney’s fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
(3)CA Civil Law Code § 798.61(d)(3) A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail.
(e)CA Civil Law Code § 798.61(e) To sell an abandoned mobilehome, the management shall do all of the following:
(1)Copy CA Civil Law Code § 798.61(e)(1)
(A)Copy CA Civil Law Code § 798.61(e)(1)(A) Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)CA Civil Law Code § 798.61(e)(1)(A)(B) During this period the management shall post and mail a notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located.
(C)CA Civil Law Code § 798.61(e)(1)(A)(C) At any time prior to the sale of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(2)CA Civil Law Code § 798.61(e)(2) Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in paragraph (1), the management may conduct a public sale of the abandoned mobilehome, its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid.
(3)CA Civil Law Code § 798.61(e)(3) Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1).
(4)CA Civil Law Code § 798.61(e)(4) The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof within 20 days of purchase. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(f)CA Civil Law Code § 798.61(f) To dispose of an abandoned mobilehome, the management shall do all of the following:
(1)Copy CA Civil Law Code § 798.61(f)(1)
(A)Copy CA Civil Law Code § 798.61(f)(1)(A) Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)CA Civil Law Code § 798.61(f)(1)(A)(B) Within 10 days following a judgment of abandonment, the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located.
(C)Copy CA Civil Law Code § 798.61(f)(1)(A)(C)
(i)Copy CA Civil Law Code § 798.61(f)(1)(A)(C)(i) Within 30 days following a judgment of abandonment, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department.
(ii)CA Civil Law Code § 798.61(f)(1)(A)(C)(i)(ii) Notwithstanding any other law, when filing a notice of disposal pursuant to clause (i), the management shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificated as set forth in Section 5832 of the Revenue and Taxation Code, provided that the management notifies the county tax collector in the county in which the mobilehome is located of the management’s intent to apply to have the mobilehome designated for disposal pursuant to this subdivision. The written notice shall be sent to the county tax collector no less than 10 days after the date of the abandonment judgment by first class mail, postage prepaid.
(D)CA Civil Law Code § 798.61(f)(1)(A)(D) At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure and a cancellation of the notice of disposal with the Department of Housing and Community Development.
(2)CA Civil Law Code § 798.61(f)(2) Following the judgment of abandonment and approval of the notice of disposal by the Department of Housing and Community Development, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome after obtaining the information required in subparagraph (A) of paragraph (3).
(3)Copy CA Civil Law Code § 798.61(f)(3)
(A)Copy CA Civil Law Code § 798.61(f)(3)(A) Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall do both of the following:
(i)CA Civil Law Code § 798.61(f)(3)(A)(i) Submit to the court and the county tax collector in the county in which the mobilehome park is located a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(ii)Copy CA Civil Law Code § 798.61(f)(3)(A)(ii)
(I)Copy CA Civil Law Code § 798.61(f)(3)(A)(ii)(I) Submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(ia) Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(ib) A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(ic) The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(II) The information required pursuant to subclause (I) shall be submitted under penalty of perjury.
(B)CA Civil Law Code § 798.61(f)(3)(A)(B) Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court and the county tax collector in the county in which the mobilehome park is located an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(g)CA Civil Law Code § 798.61(g) Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to dispose of an abandoned mobilehome and its contents pursuant to subdivision (f). However, any sale pursuant to this section shall be subject to the registration requirements of Section 18100.5 of the Health and Safety Code and the tax clearance certificate requirements of Section 18092.7 of the Health and Safety Code.
(h)CA Civil Law Code § 798.61(h) Notwithstanding any other law, forms and procedures made available for the implementation of Chapter 376 of the Statutes of 2015 shall not be subject to Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.
abandoned mobilehome mobilehome park notice of abandonment ...

Section § 798.62

Explanation

If a mobilehome park is destroyed by a disaster like a wildfire and the management decides to rebuild it in the same spot, they must offer the previous homeowners a new rental agreement. The new agreement should be similar to the old one but can include extra costs from rebuilding. These costs might include things like demolition and reconstruction. Management has to inform homeowners about these costs and send a formal offer 240 days before reopening, using certified mail and possibly email or phone. Homeowners have 60 days to accept and sign the new agreement; if not, they lose the right to return. Offers are processed in order of response, and homeowners can't transfer this right to another person.

(a)CA Civil Law Code § 798.62(a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:
(1)CA Civil Law Code § 798.62(a)(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowner’s rental agreement that was in existence at the time of the wildfire or other natural disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses.
(2)CA Civil Law Code § 798.62(a)(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.
(3)CA Civil Law Code § 798.62(a)(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.
(4)CA Civil Law Code § 798.62(a)(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowner’s former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.
(5)CA Civil Law Code § 798.62(a)(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowner’s right to a renewed tenancy under this section is deemed forfeited.
(6)CA Civil Law Code § 798.62(a)(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.
(7)CA Civil Law Code § 798.62(a)(7) The previous homeowner shall not transfer the right to a renewed tenancy.
(b)CA Civil Law Code § 798.62(b) For purposes of this section, “previous homeowner” means a homeowner with a valid tenancy in a mobilehome park at the time of a wildfire or other natural disaster.
mobilehome park wildfire destruction natural disaster ...