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

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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.

QPTDKTHUTHW3

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

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

As you can see, this is just a short summary of the many differences between owner-occupied tenancies governed by the 2011 Mobilehome Residency Law (MRL) and community-owned rentals governed by general landlord-tenant law. Community owners need to be aware of these laws in order to avoid the common pitfalls and mistakes typically made in enforcing these tenancies.

Therefore, as previously mentioned, it is recommended that you consult your attorney prior to proceeding with any action against a resident of a community-owned manufactured home rental if you are not readily familiar with the general landlord-tenant laws.

* For specific inquiries regarding renting out community-owned manufactured homes and complying with the landlord tenant law, you’re welcome to visit my San Diego Real Estate legal services page.

The Security Deposit

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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.

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

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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.

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

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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.