The Cross Law Firm's Landlord Law Blog

November 2, 2011

Mobilehome Owner Dies Without a Will: What to do as the Mobilehome Park Owner

If the homeowner dies without a will, then as the community owner, the situation is not any different than that described above. You might be presented with a “Small Estates Affidavit”. In the absence of that, a representative of the estate still needs to be appointed. The process is essentially the same as that described above in that a petition is filed with the court by the person who seeks appointment as the legal representative. And if that person is approved by the court, he or she will be issued “Letters of Administration” as discussed previously.

In the situation where you have actual knowledge that the resident has died, but no one has come forward on that person’s behalf, then complicated issues of the proper service of notices necessary under the MRL arise. The proper steps or action to take in such situation will depend on the particular factual circumstances involved. As a result, it is recommended that you specifically consult with your legal counsel about the proper course of conduct in this situation, so you as the owner, can protect yourself from potential liability.

The death of a resident can present many potential “traps” for the mobilehome community owner or manager and it is recommended that you consult with legal counsel to determine the proper steps to take so you can avoid unnecessary liability.

After all, particularly when it comes to legal expense, “an ounce of prevention is worth a pound of cure”.

For more information, contact Mobilehome Park Lawyer Tamara Cross today.


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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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July 21, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 3)

This is part 3 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

This blog series is intended to briefly address some differences between the typical owner-occupied manufactured home tenancies governed under the MRL and the community-owned rental tenancies governed by general landlord-tenant law. Please note that this is just a summary of some of the most common differences. Owners should consult their attorneys to ensure that they have all of the proper procedures and documents in place for both situations.

* 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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