The Cross Law Firm's Landlord Law Blog

December 29, 2010

Distribution of the Mobilehome Residency Law (MRL)

Community Management Panel
Image by LunaWeb via Flickr

Under current law, owners of mobilehome communities are required to distribute to all homeowners a copy of the Mobilehome Residency Law (“MRL”) on or before February 1 of each year when there has been a significant change to the MRL.

Now beginning January 1, 2011, community owners have a choice.  They can either distribute a copy of the MRL to all homeowners, as they did before, OR they can notify all homeowners in writing by February 1 of each year that there has been a significant change in the MRL and notifying the homeowner that he/she can request a copy of the updated MRL from the community management at no charge. Upon a request by a homeowner, Community owners and management are required to provide a copy of the MRL to the homeowner within 7 days of the request.  The request by the homeowner may be verbal or written.

This new change in the law could save community owners time and money. The current MRL is about 20 pages long and copying and distributing the MRL to all homeowners by February 1 can be expensive and time consuming.  With this new law change, community owners only have to provide copies of the updated MRL to a homeowner that requests a copy.

Please remember that this new “written notice of the change in the MRL” and opportunity to request a copy must go out to each homeowner on or before February 1 of each year where there has been a significant change in the MRL from the prior year.  Since there is no definition as to what constitutes a “significant change in the MRL,” it is advised that community owners send this notice out every February 1, regardless, allowing homeowners to request and obtain a copy of the new MRL each year.

As a word of caution, if you decide to send out a written notice to the homeowners of the MRL change instead of the actual MRL, please make sure your management office has an adequate supply of the updated MRL copies on hand to give out to requesting homeowners within 7 days of the request.

For an explanation regarding what this new written notice about the MRL change and request should include, please contact our offices for a free sample notice.  A link to the 2011 Mobilehome Residency Law can be found on the resources page of The Cross Law Firm’s website. For other questions regarding this law change, the MRL or a mobilehome legal question, please contact Tamara Cross at The Cross Law Firm, APC for assistance: (800) 859-2064 or locally in San Diego at (619) 296-0567.


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December 24, 2010

Landlords, Know the Towing Regulations

Towing

Image via Wikipedia

The towing requirements for landlords and mobilehome community owners can be confusing. In this blog series I will summarize the most important aspects of the towing law as it relates to landlords, with some special items related to mobilehome community owners.

Mobilehome Residency Law -Civil Code Section 798.28.5 (applying only to mobilehome communities):

The MRL allows community owners to remove a vehicle other than a mobilehome from the community if there are signs displayed at each entrance to the community.

The signs must meet the following requirements:

1.    They must be in plain view located at all the entrances and exits to the community;
2.    The signs must be at least 17 by 22 inches and one inch lettering in height;
3.    All signs must state that public parking is prohibited and that vehicles will be removed at owner’s expense;
4.    All signs must state the telephone number of the local traffic law enforcement agency;
5.    All signs must state the name and telephone number of each towing company that the owner has a written authorization agreement with
6.    All signs must state that a citation may be issued for the violation.

Please check and make sure you have these signs at each entrance and exit, they are in plain view and the signs have all of the information stated above.

* For specific inquiries regarding towing regulations, visit my California Landlord Services page.

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November 17, 2010

The Security Deposit

John Muir on the California commemorative quar...

Image via Wikipedia

This is part 10 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

The security deposit retention is very different between a owner-occupied tenancy and a community-owned rental. In an owner-occupied tenancy, the management must give back the full deposit when requested by a homeowner who has timely paid the rent for 12 consecutive months.

In a community-owned rental, the security deposit typically need not be returned until the tenant vacates the premises; however, there are several additional protections given to tenants of community-owned rentals. For example, within a reasonable time after notification by either party of the termination of the tenancy, the community owner is required to provide the resident with a written notice that the resident has the right to do an inspection of the premises with the landlord to notify the resident prior to move-out of the deficiencies in the premises caused by the resident. The landlord must provide the resident with an itemized list of potential deductions from the security deposit and give resident an opportunity to cure these deficiencies prior to move-out.

The security deposit must be returned within three weeks of the tenant vacating the premises or damages may incur against the landlord. The landlord must:

  1. Deliver to the resident by mail an itemized statement, including expense receipts, of the amount and basis for retaining the security deposit
  2. Return any unused portion of the security to the resident.

* For specific inquiries regarding a security deposit or other legal matter that you may have, you’re welcome to visit my California Mobilehome-RV Park Owner’s legal services page.

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October 21, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 9)

Interior of a modern single wide manufactured home
Image via Wikipedia

This is part 9 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Entry

Under the MRL, the community owner has no right to enter the homeowner’s manufactured home without prior written consent from the homeowner, unless it is an emergency. In a community-owned rental, the community owner has the right to enter the manufactured home after giving the tenant at least a 24-hour written notice, and may enter for one of the following reasons:

  1. Make necessary or agreed-upon repairs
  2. Supply necessary or agreed-upon services
  3. Show the home to a potential purchaser or tenant
  4. For an emergency.

* For specific inquiries regarding a filing a 24-hour written notice or other legal matters that you may have, you’re welcome to visit my California Mobilehome-RV Park Owner’s legal services page.

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October 15, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 8)

Modern Transportable House
Image via Wikipedia

This is part 8 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Violation of Rules/Lease

Notices for a violation of rules and/or lease covenants are also different between owner-occupied tenancies and community-owned rentals. In an owner-occupied manufactured home, management must give the resident homeowner at least one 7-day notice of a rule violation and then a 60-day notice to terminate tenancy for the rule violation.

In a community-owned rental, if the tenant has violated a covenant in the lease, the community owner need only to provide the tenant with a 3-day notice to perform Covenants or Quit (if the violation can be cured) or a 3-day Notice to Quit (if the violation cannot be cured). An unlawful detainer action can be filed immediately after the 3 days are up if the violation is not cured and the tenant remains in possession.

* For specific inquiries regarding a filing a notice or other legal matters that you may have, you’re welcome to visit my California Mobilehome-RV Park Owner’s legal services page.

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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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August 25, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 5)

Modern Desert Mobile Home/ Manufactured House
Image via Wikipedia

This is part 5 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Terminating the Tenancy

Terminating a tenancy for an owner-occupied manufactured home tenancy in comparison to terminating a community-owned rental is an area that community owners commonly make mistakes. Due to the high cost of moving manufactured homes, as well as other factors, the Legislature created additional protections for evicting homeowners under the MRL. A tenancy with the homeowner/resident under the MRL may be terminated only for the following select reasons:

  1. Failure to comply with a local ordinance or state law regulations related to manufactured homes within a reasonable time after notice
  2. Conduct which constitutes a substantial annoyance
  3. Conviction of homeowner/resident for prostitution or felony controlled substance offense committed on premises that resulted in conviction
  4. Failure to comply with a reasonable rule or regulation of a community
  5. Non-payment of rent or utilities

In addition, the MRL also requires that a 60-day notice to terminate possession of the premises be served (sometimes in conjunction with other types of notices) to allow the homeowner 60 days to vacate the premises and move or sell his or her manufactured home.

* 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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