Rent eviction can be very difficult, and must be handled correctly. The California Mobilehome Residency Law (also referred to as the MRL) precisely spells out how and under what conditions a tenant may be evicted for failure to pay rent. The MRL (Civil Code 798.56(e)) states that the renter has five (5) days after the due date to pay the monthly rent. If the rent is not paid within those 5 days, a 3 day notice to quit or pay rent must be posted.
Important to note is that the law also stipulates that there can only be 3 late rent payments made within a 12-month period. If this is the case, the park owner has the right to refuse the late rent, and can then proceed with the 60 day notice to evict. Eviction can then proceed after 60 days.
This is known as the three strikes provision in Civil Code Sec. 798.56(e)(1), and must be included in each 3-day notice given to a tenant.
It is a wise decision to not try to handle these matters on your own, as tenants can use certain provisions of the law to their advantage.
And defeat your eviction efforts. Knowing what legal language to use upon issuing a 3-3-60 day notice is extremely important. If you don’t do it correctly, you may not be able to evict for non payment of rent. Evictions must be done within the confines laid out in the law, which is why it is so important to handle eviction notices appropriately. Lawyers for Landlords can provide you with the advice and forms you will need to legally evict tenants for non payment of rent.
Currently there are over 100 California cities and counties which have passed some type of rent control or rent stabilization ordinances. These local laws and ordinances cover the amount of any rent increases which can be imposed. There are some instances in which an exemption can be granted. The law is precise and can be quite difficult to understand. Certain leases may be exempt from a rent control measure.
Leases that are exempt from rent control must be written in a certain way; be sure that as a mobile home park owner you are offering leases which comply with local and state regulations. An improperly written lease can cause serious legal issues. This is just one more reason why you need to contact Lawyers for Landlords. Do not try to handle rent control issues on your own, you run the risk of not being in compliance with local and state regulations. It’s not worth the risk.
In California, rules for mobile home parks are established by the Mobilehome Residency Law (MRL). Several government agencies overlap in regards to mobile home law. Civil Code laws address things such as leases, rent increases, park rules and fees. The laws are complex, and cover things such as how and when to provide proper notice to park residents, disputes, health and safety issues, and more. In addition, there are regulations regarding the construction, maintenance, design and use of mobile home parks.
If you are having a problem with a local government entity, such as the city or the county, do not attempt to handle things on your own. This is something that you need to consult Lawyers for Landlords about. Do not run the risk of running afoul of local laws and ordinances, or becoming sideways politically with City Hall.
Fines and judgments can be hefty. What may have started out as a simple violation which could have been fairly easily corrected, can sometimes lead to a lawsuit, and you’re on the wrong side of a judgement. In addition, if you are ruled against, you may be held responsible for the other party’s legal fees. This could be financially devastating. Don’t let your small problem with local government escalate into a serious situation. Contact Lawyers for Landlords for help.
Rob Coldren enjoys a special reputation in the area of property rights, land use, and regulatory “taking” issues. His primary expertise is in legal issues pertaining to Manufactured Housing Communities and R.V. parks nationally. For over a quarter of a century, a practice group within the law firm he founded became widely recognized as the premier legal representative for the mobile home park industry, manufactured housing communities and recreational vehicle park clients throughout California, with unparalleled relationships within the industry and communities in which he operates. Rob has been a key litigator in many of the industry’s most important cases, including the case of Guggenheim v. City of Goleta which went to the Ninth Circuit Court of Appeals. Rob is an equity and strategic partner in numerous properties, including the 304-space Huntington Shore Cliffs Park and the 252-space Pacific Mobile Home Park, both in Huntington Beach, California. Rob recently retired from the full time practice of law at the firm he founded, Hart King & Coldren, in order to focus on Pacific Current Partners. Along with his distinguished record and reputation as an attorney, Rob also enjoys traveling, fishing, mountain biking, skiing, surfing & paddle-boarding. More important than anything else is spending time with his wife of 35 years and their two children.