How You Can Evict a Renter From a Mobile Home Park

How You Can Evict a Renter From a Mobile Home Park

California Mobilehome Residency Law

 

Under the California Mobilehome Residency Law- otherwise known as  MRL,  the process is spelled out very clearly to be able to evict a renter.  Justifiable reasons which are allowed include non-payment of rent, violations of law, change in use of land and/or for any violations of the rental agreement or lease.  

The notice of eviction from a mobile home park is subject to certain laws surrounding renters’ rights. The MRL (Civil Code 798.56(e)) gives the renter five days after the due date to pay the monthly rent.  After the five days, a 3 day notice to quit or pay rent shall be posted stating that the renter is subject to termination of tenancy in 60 days of the notice. A mobile home renter who pays the rent within the 3-day grace period voids the 60-day termination. The law also states that the renter can only be late with the rent three times in a 12-month period. If the rent is late more than that, the owner of the park can refuse to accept the late rent.  Eviction can then proceed after 60 days. This is known as the three strikes provision in Civil Code Sec. 798.56(e)(1). This provision must be included in every 3-day notice posted by management.

Another reason for a legal termination of the lease or rental agreement would be for a violation of park rules. Breaking the rules of the mobile home park may include things such as committing domestic violence, sexual assault, drug dealing, weapons violations or any illegal activity with the park.   Breaking the law and posing a danger to the community would be reasons to initiate a termination or legal eviction.

The 3 day notice must state just cause for the eviction.  It must also include the amount of rent due, if the notice is for late payment.  In addition it should include the name, address and phone number of the person to whom rent is due.  If termination is not rent related, then the notice must state the violation. The 3 day notice should demand that the tenant correct the violation, if possible.  If it is not correctable (such as domestic violence) then the 3 day notice can order the tenant to leave the property within 3 days.

 

Evictions can be tricky.  It is extremely important to handle notices appropriately.  You may need to consult with lawyers for landlords.





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