New Homeowners and Prospective Buyers

  • Must new homebuyers who move into the mobile home park be given a choice between a short-term lease (such as a short-term month-to-month lease with rent control) and a long-term lease?
    • Some mobile home park managers point to the definition of a homeowner and say that a prospective buyer is not yet a homeowner and therefore does not have to be given a choice between a short-term or long-term lease.
      • California Civil Code 798.9 defines a homeowner as “a person who has a tenancy in a mobilehome park under a rental agreement.”  And Civil Code 798.18 grants the choice of short or long-term rental agreements to homeowners.  Civil Code 798.17 explains that a long-term lease (exceeding 12 months) is exempt from local rent control, while a short-term lease (month-to-month) gets the benefit of local rent control.
    • If the rental agreement is a long-term agreement that is not subject rent control, California Civil Code 798.17(a)(2) requires the first paragraph of the agreement to be a notice in bold type which informs the home owner that the agreement is exempt from rent control.
    • See also California Civil Code 798.74.4(a) which describes the document entitled “Information for Prospective Homeowners” that must be given to prospective buyers.
  • Can the mobile home park manager raise the space rent for new homebuyers when they move into the park?
    • The County rent control ordinance says that the space rent for new mobile home owners shall not be increased by more than 10% (see the County’s Title 25 Section 25.06.011).  However, state law overrides local ordinances.  Again, some mobile home park managers will not offer new mobile home buyers a choice between a short-term lease (and rent control) or long-term lease.
  • Can the mobile home park manager reject the application of a potential homebuyer?
    • Pursuant to California Civil Code 798.74(a), application approval “cannot be withheld if the purchaser has the financial ability to pay the rent…”
  • I want to sell my mobile home and the mobile home park owner wants me to remove my mobile home.  Can he / she do that?
    • If the mobile home is in substandard condition, the park owner can require it to be removed.  However, the state HCD inspector must inspect the mobile home and determine if can be repaired and brought up to code.  (California Civil Code 798.73(b) & (c)).
    • If the mobile home is an RV then the park owner can require it to be removed.