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Legal Aid Association of California’s Introduction to Mobilehome Park Eviction Issues

Legal Aid Association of California’s Introduction to Mobilehome Park Eviction Issues. Western Center on Law & Poverty March 22, 2007. Mobilehome Residency Law (MRL)– CC §798-799.9. MRL provides more protections than regular UD process Does the MRL apply? 3 Key Questions What is it?

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Legal Aid Association of California’s Introduction to Mobilehome Park Eviction Issues

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  1. Legal Aid Association of California’s Introduction to MobilehomePark Eviction Issues Western Center on Law & Poverty March 22, 2007

  2. Mobilehome Residency Law (MRL)– CC §798-799.9 • MRL provides more protections than regular UD process • Does the MRL apply? • 3 Key Questions • What is it? • Where is it? • Who lives in it?

  3. What is it? • Mobilehome = a structure designed for human habitation and for being moved on a street or highway under a Vehicle Code permit. CC §798.3. • But MRL generally excludes RVs (including trailers) • RV is designed for human habitation for recreational, emergency, or other occupancy. H&S §18010.

  4. Where is it? • MRL applies • mobilehome parks. • mobilehome co-ops or resident-owned parks. CC §799.1. • Mobilehome park = 2 or more spaces for rent to mobilehomes. CC §798.4 • A single mobilehome rented on property is not protected by the MRL

  5. Who lives in it? • MRL applies to • Anyone who has a tenancy in a MH park under a rental agreement. • Tenancy = right to locate, maintain, and occupy” MH park. CC §798.12 • resident owner • non-resident owner • Non-owning resident who signs agreement w/mgt to “locate, maintain, and occupy” MH in park • Non-owning resident in MH co-op. CC §799.1

  6. Who lives in it? (con’t) • MRL does not apply to • Tenant of MH where MH owner enters into rental agreement with park. Then tenant enters into agreement with MH owner. • Tenant of park-owned MH. Regular UD process applies

  7. Lease or Rental Agreements CC §798.15 • must be in writing • must include term of tenancy and rent • 12 month term unless mutually agreed to be different • must include Rules and Regulations • must attached MRL • must include list of services • cannot waive rights granted in MRL. CC §798.19. • homeowner must be given copy of agreement within 15 days of its execution

  8. Fees • MRL limits fees, utilities, and incidental reasonable charges for services actually rendered. CC §798.31 • Homeowner must accept and receive the service • Fees must be in rental agreement or a 60-day notice must be provided giving T notice of fee. CC §798.32(a) • Fees must be listed separately in periodic billings. • Fee limits • No fee for first pet • No fee for first roommate • No fee for immediate family • No fee for guest who do not stay more than 20 consecutive days or a total of 30 days in a year

  9. Rules and Regulations • Notice, meet and confer before amendment is made. CC §798.25 • Amendment must be reasonable. Rancho Santa Paula MH Park v. Evans, 26 CA4th 1139 (1994) • Implementation • With consent: immediately enforceable • Without consent: enforceable after 6 months written notice • Without consent: enforceable after 60 days written notice if amendment is mandated by law

  10. Permissible Grounds for EvictionCC §798.56 • Failure to comply with laws after notice from gov’t agency. • Substantial annoyance to other tenants. • Conviction of prostitution or felony controlled-substance offense in the park. • Failure to comply w/reasonable park rule. Must be in rental agreement or later amendments. 7-day notice to cure required. After 3 notices in one year for same breach, no notice to cure is required. • Nonpayment of rent, utility charges or reasonable incidental service charges. 3-day notice required. Notice must be given to the legal owner, any junior lienholder or the registered owner. They have right to cure breach within 30 days but only twice in a 12 month period. If homeowner has received 3 notices in the preceding 12 months, only 60-day noncurable notice is necessary. 3-day notice to pay rent and 60-day notice to terminate tenancy may be served at the same time. • Condemnation of park • Change of use of the park. 15-day notice re hearing before local board required. After all required permits secured, 6-month notice to terminate required. If no permits necessary, 12 months notice required.

  11. 60-Day Notice of TerminationCC §§7798.55-798.57 • Notice must have specific facts to permit determination of the date, place, witnesses, and circumstances concerning reason. • Must be sent to legal and register owners of the MH and junior lien-holders within 10 days after notice to the homeowner. • Homeowner has right to sell or remove MH within the 60 day period; but must pay all monies owed.

  12. Rights of Lien-holder and Registered Owners • When 60-day notice sent to legal (bank) and registered owners (e.g.: parents) and junior lien-holder, they have 3 options to preserve their rights to sell the MH (CC 798.56a) • Offer to sell to the MH park the debt secured by the MH • Inform MH park that it will foreclose on its security interest • Request MH park go forward w/ the termination of tenancy and offer to reimburse for reasonable fees and costs. • They can also choose to do nothing but then do not have the right to sell the MH if the MH park gets a lien.

  13. Unlawful Detainer • Once the notice of termination expires, the MH eviction process uses the regular unlawful detainer procedure. Get off my property!!

  14. Motion for Relief from Forfeiture – CCP §1179 • Don’t forget this option. • Law allows pro per tenants to request relief from forfeiture orally, immediately following an unlawful detainer trial.

  15. Liens • If the MH owner does not move the MH voluntarily, the MH park mgt must go through complicated process • Writ of execution - If MH owner loses UD, like any eviction, sheriff or marshal posts a vacate date with a copy of a writ of possession. If no occupant is present, the levying officer posts the notice of levy. The MH may be sold 10 days after notice of sale. CCP §700.010. • Abandonment procedure. CC §798.61 • Warehouseman’s lien for storage, utilities and reasonable maintenance charges. CC §798.56a

  16. RVs • Recreational Vehicle Park Occupancy Law (CC §§799.20-799.79) • Definition of RVs (CC §§799.43, 799.45) • occupant = in RV park 30 days or less. CC §799.28 • tenant =in RV park for more than 30 consecutive days. CC §799.32 • resident = in RV park for 9 months or more. CC §799.31

  17. RV - Eviction process • Occupant - 72 hours’ notice (CC §799.55). Police or sheriff can remove occupant after 72 hour notice. • Tenant - 30 days’ notice (CC §799.66). Regular eviction process. • Resident • if in MH parking spot, MRL applies. CC §798.3. • if not in MH parking spot, 60-days notice and good cause. CC §799.70.

  18. Western Center on Law & Poverty • Deanna Kitamura • dkitamura@wclp.org • 213-487-7211 ext. 2622 • Lynn Martinez • slmartinez@wclp.org • 707-552-5306

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