The Cross Law Firm's Landlord Law Blog

September 21, 2011

Death of a Resident in Your Mobilehome Community: What NOT to Do

Depending on the location of your community or where the resident died, the process whereby someone becomes appointed as the representative of the decedent’s estate can take several months. During that time, you as the community owner or manager, need to proceed cautiously:

1. DO NOT be persuaded into allowing family members access to the mobilehome if you have a key

2. DO NOT enter the mobilehome at their request to obtain clothing or documents

3. DO NOT sign contracts with heirs who have not presented proper documentation that they in fact have the legal authority to act on behalf of the deceased resident.

Contact our Mobilehome Owner Attorney at The Cross Law Firm, APC for more information.

Advertisements

June 30, 2011

Death of a Resident in Your Mobilehome Community: What You Need to Know (Part 2)

The Mobilehome Residency Law (MRL) provides limited rights to the decedent’s heirs, joint tenants or personal representative. Specifically, the MRL allows a homeowner’s heir, joint tenant or personal representative of the decedent’s estate, who gains ownership of a mobilehome in a mobilehome community as a result of the homeowner’s death, to sell the mobilehome in place in the community to an approved purchaser. This right, however, is conditioned on the heir, joint tenant or personal representative satisfying all of the deceased homeowner’s obligations under the lease. These obligations include satisfying the rent, utilities and maintenance obligations since the death of the homeowner and that continue to accrue until the date the mobilehome is sold. (Civil Code Section 798.78(a).)

One problem with this provision of the MRL that is of concern to you as a community owner, is that it assumes the person has a particular status (heir, joint tenant or personal representative). So, the question(s) for you as the community manager or owner are:

    1. How do you know who is legally entitled to access and potentially sell the deceased homeowner’s mobilehome?
    2. How do you ensure that a person claiming to have authority to act for the deceased homeowner is the legal representative of the decedent’s estate?

Create a free website or blog at WordPress.com.

%d bloggers like this: