The Cross Law Firm's Landlord Law Blog

August 2, 2011

Death of a Resident in Your Mobilehome Community: What You Need to Know (Part 3)

Who Should You (as the Mobilehome Community Owner) Deal With Regarding the Decedent’s Estate?

While there are an innumerable number of ways to die, when someone dies, it is either with a will (“testate”) or without a will (“intestate”). In the first instance, the dearly departed has executed a writing which identifies someone whom they want to manage their affairs upon death and what they want to happen with their property. In the latter, they have left that up to the laws of the state they are in.

From your perspective as the mobilehome community owner, the obligation to establish the death of the resident is that of the person(s) seeking to take some action regarding the mobilehome or its contents. This person(s) should be able to present you with a certified copy of a death certificate which will verify the identity and death of the resident. Depending on the county, this certificate will contain an official stamp, typically in purple ink, reflecting that it is an official record of that county.

To determine if a mobilehome is owned in joint tenancy, you can look at the Housing and Community Development (HCD) issued title of the mobilehome and it should indicate that the owners are “joint tenants.” If title is held in joint tenancy, then the verification of the resident’s death (and in some situations an accompanying “Affidavit of Death of Joint Tenant”), as well as confirming the identity of the joint tenant should be enough to establish that the individual has authority to take control over the mobilehome.

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June 29, 2011

Death of a Resident in Your Mobilehome Community: What You Need to Know (Part 1)

Charlie Sheen in March 2009

Image via Wikipedia

It is often said that life is full of uncertainties, which rings particularly true in today’s world. Will the stock market rise or fall? Will real estate continue its downward trend? Will gas prices continue to skyrocket? When will Charlie Sheen suffer another “meltdown”?

On the other hand, you can find certainty in death and taxes. This article will give you an overview of which steps you, as owner or manager of a mobilehome community, should take upon the death of a homeowner in your community.

In a traditional landlord/tenant relationship, a month-to-month lease terminates upon the death of the tenant. In the mobilehome community, however, a resident’s death does not terminate the responsibility to pay the rent and utilities if the mobilehome remains on the space.

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