The Cross Law Firm's Landlord Law Blog

September 17, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 7)

This is part 7 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Notices for Failure to Pay Rent

In an owner-occupied manufactured home governed by the MRL, the community owner must give the homeowner a 3-day notice to pay rent or quit as well as a 60-day notice to terminate possession of the premises to terminate the tenancy for non-payment of rent. The MRL requires that all termination notices to homeowner give the homeowner at least 60 days to either remove their manufactured home or sell the manufactured home in place.

In a community-owned rental if the tenant fails to timely pay the rent, the landlord need only give the tenant a 3-day notice to pay rent or quit. If the tenant fails to pay the full amount owed within the 3 days, the landlord can immediately file an unlawful detainer and request possession of the property. No 60-day notice is required in a failure to pay rent situation.

* For specific inquiries regarding a mobilehome law matter that you may have, you’re welcome to visit my California Manufactured Housing Community Owners legal services page.

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September 8, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 6)

This is part 6 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Community-owned rentals are not provided the additional protections of the MRL. In a community-owned rental, as long as the proper notice requirements are met and there is not an ordinance or rent control in place which restricts termination, community-owned rental tenancies may be terminated for any non-discriminatory reason. In most instances no reason for termination need be given.

If the tenancy is a period tenancy (i.e., month-to-month) community owners need to give at least the period term to terminate the tenancy. For example, in a month-to-month tenancy for under a year, a 30-day notice needs to be given. In a month- to-month tenancy of over a year, a 60-day notice to terminate tenancy is required. No notice to terminate tenancy is needed at the expiration of a fixed lease term (i.e., 10/1/08 – 10/1/09) unless otherwise indicated in the lease and the landlord may file an unlawful detainer action immediately if the tenant remains in possession after the lease expires.

* For specific inquiries regarding a mobilehome law matter that you may have, you’re welcome to visit my California Manufactured Housing Community Owners legal services page.

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