The Cross Law Firm's Landlord Law Blog

December 3, 2010

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.

Enhanced by Zemanta* 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.

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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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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