Expiring Lease or Rental Agreement

  • My lease will expire.  What are my options?
    • Pursuant to California Civil Code 798.17 and 798.18:
      • A homeowner with an expired or expiring lease or rental agreement shall be given a choice between a long-term lease or a short-term lease (such as a month-to-month lease with rent control).
      • The homeowner shall have 30 days to review the offered lease agreement.  The homeowner also has 72 hours to void the rental agreement if he/she signs it (798.17(b)(3), (b)(4) and (f)).
      • If the homeowner refuses to sign the long-term lease then he/she must be offered a short-term lease with the same rental charges, terms and conditions as the long-term lease (798.17(c)).
      • Any long-term rental agreement shall have a boldface notice on the front page indicating that it is exempt from the local rent control ordinance (798.17(a)(2)).
      • No lease or rental agreement is allowed to have an automatic renewal clause (California Civil Code 798.17(g) and 798.18(c)).
  • The mobile home park owner tells me that I must renew my long-term lease or my space rent will be increased significantly.  What can I do? 
    • Check the existing long-term lease for any clause such as this one: “Rental adjustment - the space rent shall be increased the first day of the final month of the lease to the fair market rent for the space.”  Please note: Some park managers may use this clause and increase the rent substantially if the homeowner refuses to sign a long-term lease. The homeowner may still choose to have a short-term lease and rent control but would also have to start with a higher rental rate.
  • If your park manager refuses to give you the option of a short-term lease, then you may want to contact one of the following:
    • Golden State Manufactured-Home Owners League (GSMOL):   https://www.gsmol.org
    • California Rural Legal Assistance - local office in San Luis Obispo – Phone: (805) 544-7994
    • San Luis Obispo Legal Assistance Foundation -  Phone: (805) 543-5140