The Cross Law Firm's Landlord Law Blog

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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August 2, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 4)

This is part 4 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Ensuring the Manufactured Home is Habitable

A community-owned manufactured home tenancy creates the responsibility for the community owner not only to maintain the space, but also to ensure the inside and outside of the manufactured home is habitable for human occupation.  Ensuring that a manufactured home is habitable typically entails a few basic requirements including:

1. Make sure all fixtures work properly

2. There is hot and cold running water

3. There is no insect infestation

4. There is proper lighting and ventilation

5. There are proper electric outlets

6. There is proper waterproofing/weather protection

7. There are proper plumbing and gas facilities

8. There are proper heating facilities

9. The floors, stairways and railways are in good repair

10. The doors have deadbolts

11. There is a telephone jack

12. The windows have locks

13. All fire and other applicable codes and ordinances are complied with

There are statutory penalties imposed on landlords who fail to ensure that the community-owned rental premises is habitable for the residents.

In contrast, in an owner-occupied manufactured home tenancy regulated under the MRL, the community owner is typically responsible for the habitability of the community’s common areas only and not the 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.

July 7, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 2)

This is part 2 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Renting can be profitable, but the community owner must understand that a different set of laws govern these community-owned rentals. Community owners are generally familiar with their responsibilities under the Mobilehome Residency Law (MRL), which applies to the typical owner-occupied manufactured home tenancy in a manufactured home community. However, community owners must also be aware of the responsibilities and liabilities that exist when renting a community-owned manufactured home, which is regulated by general landlord-tenant law and not the MRL.

In addition, the community documents presented to residents of community-owned rentals must also reflect the different laws and not reference the MRL.

* 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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