MRL Article 2 - Rental Agreement
798.15 IN-WRITING AND REQUIRED CONTENTS
The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to beincluded, all of the following:
(a) The term of the tenancy and the rent therefor.
(b) The rules and regulations of the park.
(c) A copy of the text of this chapter shall be provided as an exhibit and shall be incorporated into the rental agreementby reference. Management shall do one of the following prior to February 1 of each year, if a significant change wasmade in this chapter by legislation enacted in the prior year:
Provide all homeowners with a copy of this chapter.
Provide written notice to all homeowners that there has been a change to this chapter and that they may obtain one copy of this chapter from management at no charge. Management must provide a copy within a reasonable time, not to exceed seven days, upon request.
(d) A provision specifying that (1) it is the responsibility of the management to provide and maintain physical improvements in the common facilities in good working order and condition and (2) with respect to a sudden orunforeseeable breakdown or deterioration of these improvements, the management shall have a reasonable periodof time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into goodworking order and condition after management knows or should have known of the breakdown or deterioration. Forpurposes of this subdivision, a reasonable period of time to repair a sudden or unforeseeable breakdown ordeterioration shall be as soon as possible in situations affecting a health or safety condition, and shall not exceed 30days in any other case except where exigent circumstances justify a delay.
(e) A description of the physical improvements to be provided the homeowner during his or her tenancy.
(f) A provision listing those services which will be provided at the time the rental agreement is executed and will continueto be offered for the term of tenancy and the fees, if any, to be charged for those services.
(g) A provision stating that management may charge a reasonable fee for services relating to the maintenance of the landand premises upon which a mobilehome is situated in the event the homeowner fails to maintain the land or premisesin accordance with the rules and regulations of the park after written notification to the homeowner and the failure ofthe homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and anestimate of the charges to be imposed by management if the services are performed by management or its agent.
(h) All other provisions governing the tenancy.
(i) A copy of the following notice. Management shall also, prior to February 1 of each year, provide a copy of the following notice to all homeowners:
IMPORTANT NOTICE TO ALL MANUFACTURED HOME/MOBILEHOME OWNERS:CALIFORNIA LAW REQUIRES THAT YOU BE MADE AWARE OF THE FOLLOWING:
The Mobilehome Residency Law (MRL), found in Section 798 et seq. of the Civil Code, establishes the rights andresponsibilities of homeowners and park management. The MRL is deemed a part of the terms of any park rentalagreement or lease. This notice is intended to provide you with a general awareness of selected parts of the MRL andother important laws. It does not serve as a legal explanation or interpretation. For authoritative information, youmust read and understand the laws. These laws change from time to time. In any year in which the law has changed,you may obtain one copy of the full text of the law from management at no charge. This notice is required by CivilCode Section 798.15(i) and the information provided may not be current.
Homeowners and park management have certain rights and responsibilities under the MRL. These include, butare not limited to:
- Management must give a homeowner written notice of any increase in his or her rent at least 90 days before thedate of the increase. (Civil Code Section 798.30)
- No rental or sales agreement may contain a provision by which a purchaser or a homeowner waives any of his orher rights under the MRL. (Civil Code Sections 798.19, 798.77)
- Management may not terminate or refuse to renew a homeowner’s tenancy except for one or more of theauthorized reasons set forth in the MRL. (Civil Code Sections 798.55, 798.56) Homeowners must pay rent, utilitycharges, and reasonable incidental service charges in a timely manner. Failure to comply could be grounds foreviction from the park. (Civil Code Section 798.56)
- Homeowners, residents, and their guests must comply with the rental agreement or lease, including thereasonable rules and regulations of the park and all applicable local ordinances and state laws and regulationsrelating to mobilehomes. Failure to comply could be grounds for eviction from the park. (Civil Code Section798.56)
- Homeowners have a right to peacefully assemble and freely communicate with respect to mobilehome living andfor social or educational purposes. Homeowners have a right to meet in the park, at reasonable hours and in areasonable manner, for any lawful purpose. Homeowners may not be charged a cleaning deposit in order to usethe park clubhouse for meetings of resident organizations or for other lawful purposes, such as to hear frompolitical candidates, so long as a homeowner of the park is hosting the meeting and all park residents areallowed to attend. Homeowners may not be required to obtain liability insurance in order to use commonfacilities unless alcohol is served. (Civil Code Sections 798.50, 798.51)
- If a home complies with certain standards, the homeowner is entitled to sell it in place in the park. If you sell your home, you are required to provide a manufactured home and mobilehome transfer disclosure statement to the buyer prior to sale. (Civil Code Section 1102.6d) When a home is sold, the owner is required to transfer the title to the buyer. The sale of the home is not complete until you receive the title from the seller. It is the responsibility of the buyer to also file paperwork with the Department of Housing and Community Development to register the home in his or her name. (Civil Code Sections 798.70-798.74)
- Management has the right to enter the space upon which a mobilehome is situated for maintenance of utilities, trees, and driveways; for inspection and maintenance of the space in accordance with the rules and regulationsof the park when the homeowner or resident fails to maintain the space; and for protection and maintenance ofthe mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with theresident’s quiet enjoyment of his or her home. (Civil Code Section 798.26)
- A homeowner may not make any improvements or alterations to his or her space or home without following the rules and regulations of the park and all applicable local ordinances and state laws and regulations, whichmay include obtaining a permit to construct, and, if required by park rules or the rental agreement, without priorwritten approval of management. Failure to comply could be grounds for eviction from the park. (Civil CodeSection 798.56)
- In California, mobilehome owners must pay annual property tax to the county tax collector or an annual fee inlieu of taxes to the Department of Housing and Community Development (HCD). If you are unsure which to pay,contact HCD. Failure to pay taxes or in lieu fees can have serious consequences, including losing your home at atax sale.
- For more information on registration, titling, and taxes, contact: the Department of Housing and CommunityDevelopment www.hcd.ca.gov (800) 952-8356; your County Tax Collector; or call your local county government.
(Amended by Stats. 2016, Chap. 396 (AB 587, Chau), eff. 1/1/2017)
798.16 INCLUSION OF OTHER PROVISIONS
(a) The rental agreement may include other provisions permitted by law, but need not include specific languagecontained in state or local laws not a part of this chapter.
(b) Management shall return an executed copy of the rental agreement to the homeowner within 15 business days aftermanagement has received the rental agreement signed by the homeowner.
(Amended by Stats. 2004, Chap. 302 (AB 2351, Corbett), eff. 1/1/2005)
798.17 RENTAL AGREEMENTS EXEMPT FROM RENT CONTROL; RIGHT TO INSPECT
- Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, orinitiative measure adopted by any local governmental entity which establishes a maximum amount that alandlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of subdivision (b)shall prevail over conflicting provisions of an ordinance, rule, regulation, or initiative measure limiting orrestricting rents in mobilehome parks, only during the term of the rental agreement or one or moreuninterrupted, continuous extensions thereof. If the rental agreement is not extended and no new rentalagreement in excess of 12 months’ duration is entered into, then the last rental rate charged for the space underthe previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rentregulation, if any.
- In the first sentence of the first paragraph of a rental agreement entered into on or after January 1, 1993,pursuant to this section, there shall be set forth a provision in at least 12-point boldface type if the rentalagreement is printed, or in capital letters if the rental agreement is typed, giving notice to the homeowner thatthe rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by anylocal governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent
(b) Rental agreements subject to this section shall meet all of the following criteria:
The rental agreement shall be in excess of 12 months’ duration.
The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner.
The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement.
The homeowner who signs a rental agreement pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement to management.
The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement pursuant to Section 798.16. This paragraph shall onlyapply if management does not provide the homeowner with a copy of the signed rental agreement at the timethe homeowner returns the signed rental agreement.
(c) If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant to Section 798.18, a rentalagreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In theevent the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-monthrental agreement, the rental agreement shall contain the same rental charges, terms, and conditions as the rentalagreement offered pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in theoffered rental agreement to extend or renew the rental agreement.
(d) Nothing in subdivision (c) shall be construed to prohibit the management from offering gifts of value, other than rentalrate reductions, to homeowners who execute a rental agreement pursuant to this section.
(e) With respect to any space in a mobilehome park that is exempt under subdivision (a) from any ordinance, rule,regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that alandlord may charge a homeowner for rent, and notwithstanding any ordinance, rule, regulation, or initiativemeasure, a mobilehome park shall not be assessed any fee or other exaction for a park space that is exempt undersubdivision (a) imposed pursuant to any ordinance, rule, regulation, or initiative measure. No other fee or otherexaction shall be imposed for a park space that is exempt under subdivision (a) for the purpose of defraying the costof administration thereof.
(f) At the time the rental agreement is first offered to the homeowner, the management shall provide written notice tothe homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to voidthe rental agreement by notifying management in writing within 72 hours of receipt of an executed copy of the rentalagreement. The failure of the management to provide the written notice shall make the rental agreement voidable atthe homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice providedpursuant to this subdivision shall be acknowledged in writing by the homeowner.
(g) No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have aprovision which authorizes automatic extension or renewal of, or automatically extends or renews, the rentalagreement for a period beyond the initial stated term at the sole option of either the management or thehomeowner.
(h) This section does not apply to or supersede other provisions of this part or other state law.
(Amended by Stats. 2012, Chap. 477 (AB 1938, Williams), eff. 1/1/2013)
798.18 LENGTH OF AGREEMENT; COMPARABLE MONTHLY TERMS
(a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, or (2) a lesser period as thehomeowner may request, or (3) a longer period as mutually agreed upon by both the homeowner and management.
(b) No agreement shall contain any terms or conditions with respect to charges for rent, utilities, or incidental reasonableservice charges that would be different during the first 12 months of the rental agreement from the correspondingterms or conditions that would be offered to the homeowners on a month-to-month basis.
(c) No rental agreement for a term of 12 months or less shall include any provision which authorizes automatic extensionor renewal of, or automatically extends or renews, the rental agreement beyond the initial term for a term longerthan 12 months at the sole option of either the management or the homeowner.
(Amended by Stats. 1992, Chap. 289 (SB 1454, Craven), eff. 1/1/1993)
798.19 NO WAIVER OF CHAPTER 2.5 RIGHTS
No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights underthe provisions of Articles 1 to 8, inclusive, of this chapter. Any such waiver shall be deemed contrary to public policy andvoid.
(Amended by Stats. 1982, Chap. 1397 (AB 2429, Cortese), eff. 1/1/1983)
798.19.5 PARK OWNER RIGHT OF FIRST REFUSAL TO PURCHASE HOME
A rental agreement entered into or renewed on and after January 1, 2006, shall not include a clause, rule, regulation, or anyother provision that grants to management the right of first refusal to purchase a homeowner’s mobilehome that is in thepark and offered for sale to a third party pursuant to Article 7 (commencing with Section 798.70). This section does notpreclude a separate agreement for separate consideration granting the park owner or management a right of first refusal topurchase the homeowner’s mobilehome that is in the park and offered for sale.
(Added by Stats. 2005, Chap. 35 (SB 237, Migden), eff. 1/1/2006)
798.20 NO PRIVATE CLUB DISCRIMINATION
(a) Membership in any private club or organization that is a condition for tenancy in a park shall not be denied on anybasis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of theGovernment Code.
(b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply tohousing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status,nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5, relating tohousing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of this code and subdivisions (n), (o), and (p)of Section 12955 of the Government Code shall apply to subdivision (a).
(Amended by Stats. 2006, Chap. 578 (AB 2800, Laird), eff. 1/1/2007)
798.21 NON-PRINCIPAL RESIDENCE - RENT CONTROL EXEMPT
(a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not the principal residence of thehomeowner and the homeowner has not rented the mobilehome to another party, it shall be exempt from anyordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes amaximum amount that the landlord may charge a tenant for rent.
(b) Nothing in this section is intended to require any homeowner to disclose information concerning his or her personalfinances. Nothing in this section shall be construed to authorize management to gain access to any records whichwould otherwise be confidential or privileged.
(c) For purposes of this section, a mobilehome shall be deemed to be the principal residence of the homeowner, unless areview of state or county records demonstrates that the homeowner is receiving a homeowner’s exemption foranother property or mobilehome in this state, or unless a review of public records reasonably demonstrates that theprincipal residence of the homeowner is out of state.
(d) Before modifying the rent or other terms of tenancy as a result of a review of records, as described in subdivision (c),the management shall notify the homeowner, in writing, of the proposed changes and provide the homeowner with acopy of the documents upon which management relied.
(e) The homeowner shall have 90 days from the date the notice described in subdivision (d) is mailed to review andrespond to the notice. Management may not modify the rent or other terms of tenancy prior to the expiration of the90-day period or prior to responding, in writing, to information provided by the homeowner. Management may notmodify the rent or other terms of tenancy if the homeowner provides documentation reasonably establishing that theinformation provided by management is incorrect or that the homeowner is not the same person identified in thedocuments. However, nothing in this subdivision shall be construed to authorize the homeowner to change thehomeowner’s exemption status of the other property or mobilehome owned by the homeowner.
(f) This section does not apply under any of the following conditions:
The homeowner is unable to rent or lease the mobilehome because the owner or management of the mobilehome park in which the mobilehome is located does not permit, or the rental agreement limits or prohibits, the assignment of the mobilehome or the subletting of the park space.
The mobilehome is being actively held available for sale by the homeowner, or pursuant to a listing agreement with a real estate broker licensed pursuant to Chapter 3 (commencing with Section 10130) of Part 1 of Division 4of the Business and Professions Code, or a mobilehome dealer, as defined in Section 18002.6 of the Health andSafety Code. A homeowner, real estate broker, or mobilehome dealer attempting to sell a mobilehome shallactively market and advertise the mobilehome for sale in good faith to bona fide purchasers for value in order toremain exempt pursuant to this subdivision.
The legal owner has taken possession or ownership, or both, of the mobilehome from registered owner througheither a surrender of ownership interest by the registered owner or a foreclosure proceeding.
(Amended by Stats. 2003, Chap. 132 (AB 1173, Haynes), eff. 1/1/2004)
798.22 RECREATIONAL VEHICLES IN PARKS – DESIGNATED AREAS
(a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for theaccommodation of recreational vehicles as defined by Section 799.29 unless the mobilehome park has a specificallydesignated area within the park for recreational vehicles, which is separate and apart from the area designated formobilehomes. Recreational vehicles may be located only in the specifically designated area.
(b) Any new mobilehome park that is developed after January 1, 1982, is not subject to the provisions of this section until75 percent of the spaces have been rented for the first time.
(Amended by Stats. 1993, Chap. 666 (AB 503, Rainey), eff. 1/1/1994)