MRL Article 3.5 - Fees & Charges
798.30 NOTICE OF RENT INCREASE
The management shall give a homeowner written notice of any increase in his or her rent at least 90 days before the dateof the increase.
(Amended by Stats. 1993, Chap. 448 (AB 870, Umberg), eff. 1/1/1994)
798.31 AUTHORIZED FEES CHARGED
A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actuallyrendered.
A homeowner shall not be charged a fee for obtaining a lease on a mobilehome lot for (1) a term of 12 months, or (2) alesser period as the homeowner may request. A fee may be charged for a lease of more than one year if the fee is mutuallyagreed upon by both the homeowner and management.
(Amended by Stats. 1984, Chap. 624 (SB 1487, Ellis), eff. 1/1/1985)
798.32 FEES CHARGED FOR UNLISTED SERVICES WITHOUT NOTICE
(a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreementunless he or she has been given written notice thereof by the management, at least 60 days before imposition of thecharge.
(b) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billingto the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expirationdate shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge isbilled to the homeowner.
(Amended by Stats. 1992, Chap. 338 (SB 1365, Leslie), eff. 1/1/1993)
(a) No lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner fromkeeping at least one pet within the park, subject to reasonable rules and regulations of the park. This section may notbe construed to affect any other rights provided by law to a homeowner to keep a pet within the park.
(b) A homeowner shall not be charged a fee for keeping a pet in the park unless the management actually providesspecial facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shallreasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the park.
(c) For purposes of this section, “pet” means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, orother animal as agreed to between the management and the homeowner.
(Amended by Stats. 2000, Chap. 551 (AB 860, Thomson), eff. 1/1/2001)
798.34 GUESTS AND LIVE-IN CARE PROVIDERS
(a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision,shall not be required to register with the management.
(b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of his or her mobilehomewith one other person may do so, and a fee shall not be imposed by management for that person. For purposes of thissubdivision, a homeowner may only designate one person as his or her companion per calendar year, except in thecase of the companion’s death. Park management may refuse to allow a homeowner to share his or her mobilehomewith a companion under this subdivision if park residency is subject to age restrictions and the proposed companion isunable or unwilling to provide documentation that the proposed companion meets those age restrictions.
(c) A homeowner may share his or her mobilehome with any person over 18 years of age if that person is providing live-inhealth care, live-in supportive care, or supervision to the homeowner.Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowner’s needfor the care or supervision, if the need is not readily apparent or already known to management.
(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residencybased on age requirements for housing for older persons, pursuant to Section 798.76, may share his or hermobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the seniorhomeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge afee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health careprofessional of the need for the care or supervision, if the need is not readily apparent or already known tomanagement. As used in this section, “senior homeowner” means a homeowner who is 55 years of age or older.
(e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are describedin this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest,companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms andconditions of the rental agreement between management and the homeowner.
(f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family memberunder the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rulesand regulations by the homeowner and subject to subdivision (d) of Section 798.56.
(g) Nothing in this section shall be interpreted to create a duty on the part of park management to manage, supervise, orprovide care for a homeowner’s guest, companion, live-in caregiver, or family member under the care of a seniorhomeowner, during that person’s stay in the mobilehome park.
(Amended by Stats. 2017, Chap. 170 (SB 147, Dodd), eff. 1/1/2018)
798.35 MEMBERS OF IMMEDIATE FAMILY - NO FEES
A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in thissection, the “immediate family” shall be limited to the homeowner, his or her spouse, their parents, their children, andtheir grandchildren under 18 years of age.
(Amended by Stats. 1995, Chap. 24 (AB 283, Cortese), eff. 1/1/1996)
798.26 ENFORCEMENT OF PARK RULES
(a) A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except areasonable fee may be charged by management for the maintenance or cleanup, as described in subdvision (b), of theland and premises upon which the mobilehome is situated in the event the homeowner fails to do so in accordancewith the rules and regulations of the park after written notification to the homeowner and the failure of thehomeowner 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.
- If management determines, in good faith, that the removal of a homeowner’s or resident’s personal propertyfrom the land and premises upon which the mobilehome is situated is necessary to bring the premises intocompliance with the reasonable rules and regulations of the park or the provisions of the Mobilehome Parks Act(Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) or Title 25 of theCalifornia Code of Regulations, management may remove the property to a reasonably secure storage facility.Management shall provide written notice of at least 14 days of its intent to remove the personal property,including a description of the property to be removed. The notice shall include the rule, regulation, or codejustifying the removal and shall provide an estimate of the charges to be imposed by management. Theproperty to be removed shall not include the mobilehome or its appurtenances or accessory structures.
The homeowner or resident shall be responsible for reimbursing to management the actual, reasonable costs, ifany, of removing and storing the property. These costs incurred by management in correcting the rules violationassociated with the removal and storage of the property, are deemed reasonable incidental service charges andmay be collected pursuant to subdivision (e) of Section 798.56 if a notice of nonpayment of the removal andstorage fees, as described in paragraph (3), is personally served on the homeowner.
Within seven days from the date the property is removed to a storage area, management shall provide thehomeowner or resident a written notice that includes an inventory of the property removed, the location wherethe property may be claimed, and notice that the cost of removal and storage shall be paid by the resident orhomeowner. If, within 60 days, the homeowner or resident does not claim the property, the property shall bedeemed to be abandoned, and management may dispose of the property in any manner. The homeowner’s orresident’s liability for storage charges shall not exceed 60 days. If the homeowner or resident claims theproperty, but has not reimbursed management for storage costs, management may bill those costs in a monthlystatement which shall constitute notice of nonpayment, and the costs shall become the obligation of thehomeowner or resident. If a resident or homeowner communicates in writing his or her intent to abandon theproperty before 60 days has expired, management may dispose of the property immediately and no furtherstorage charges shall accrue.
If management elects to dispose of the property by way of sale or auction, and the funds received from the saleor auction exceed the amount owed to management, management shall refund the difference to thehomeowner or resident within 15 days from the date of management’s receipt of the funds from the sale orauction. The refund shall be delivered to the homeowner or resident by first-class mail postage prepaid to his orher address in the park, or by personal delivery, and shall include an accounting specifying the costs of removaland storage of the property incurred by management in correcting the rules violation and the amount ofproceeds realized from any sale or auction. If a sale or auction of the property yields less than the costs incurredby management, the homeowner or resident shall be responsible for the difference, and this amount shall bedeemed a reasonable incidental service charge and may be collected pursuant to subdivision (e) of Section798.56 if a notice of nonpayment of the removal and storage fees, as described in paragraph (3), is personally served on the homeowner. If management elects to proceed under this section, it may not also terminate thetenancy pursuant to subdivision (d) of Section 798.56 based upon the specific violations relied upon to proceedunder this section. In any proceeding under this section, management shall bear the burden of proof thatenforcement was undertaken in a nondiscriminatory, nonselective fashion.
(Amended by Stats. 2005, Chap. 24 (SB 125, Dutton), eff. 1/1/2006)
798.37 ENTRY, HOOKUP, LANDSCAPING AND MAINTENANCE CHARGES
A homeowner may not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy exceptfor an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of thespecific site upon which the mobilehome is located and not incurred as a portion of the development of the mobilehomepark as a whole. However, reasonable landscaping and maintenance requirements may be included in the park rules andregulations. The management may not require a homeowner or prospective homeowner to purchase, rent, or lease goodsor services for landscaping, remodeling, or maintenance from any person, company, or corporation.
(Amended by Stats. 2004, Chap. 302 (AB 2351, Corbett), eff. 1/1/2005)
798.37.5 TREES AND DRIVEWAYS
(a) With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for thetrimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or adetermination by park management that the tree poses a specific hazard or health and safety violation. In the case ofa dispute over that assertion, the park management or a homeowner may request an inspection by the Department ofHousing and Community Development or a local agency responsible for the enforcement of the Mobilehome ParksAct (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) in order to determinewhether a violation of that act exists.
(b) With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible forthe trimming, pruning, or removal of any tree, and the costs thereof.
(c) Park management shall be solely responsible for the maintenance, repair, replacement, paving, sealing, and theexpenses related to the maintenance of all driveways installed by park management including, but not limited to,repair of root damage to driveways and foundation systems and removal. Homeowners shall be responsible for themaintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeownerinstalled driveway. A homeowner may be charged for the cost of any damage to the driveway caused by an act of thehomeowner or a breach of the homeowner’s responsibilities under the rules and regulations so long as those rulesand regulations are not inconsistent with the provisions of this section.
(d) No homeowner may plant a tree within the mobilehome park without first obtaining written permission from themanagement.
(e) This section shall not apply to alter the terms of any rental agreement in effect prior to January 1, 2001, between thepark management and the homeowner regarding the responsibility for the maintenance of trees and driveways withinthe mobilehome park, except that upon any renewal or extension, the rental agreement shall be subject to thissection. This section is not intended to abrogate the content of any existing rental agreement or other writtenagreements regarding trees or driveways that are in effect prior to January 1, 2001.
(f) This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001.
(g) Any mobilehome park rule or regulation shall be in compliance with this section.
(Amended by Stats. 2014, Chap. 298 (AB 2753, Committee on Housing), eff. 1/1/2015)
798.38 NO LIEN/SECURITY INTEREST EXCEPT BY MUTUAL AGREEMENT
The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued toenforce a judgment of any court, in a mobilehome located in the park unless it is mutually agreed upon by both thehomeowner and management. Any billing and payment upon the obligation shall be kept separate from current rent.
(Amended by Stats. 2009, Chap. 558 (SB 111, Correa), eff. 1/1/2010)
798.39 SECURITY DEPOSITS
(a) The management may only demand a security deposit on or before initial occupancy and the security deposit may notbe in an amount or value in excess of an amount equal to two months’ rent that is charged at the inception of theoccupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of ahomeowner following the initial occupancy.
(b) As to all security deposits collected on or after January 1, 1989, after the homeowner has promptly paid to the management, within five days of the date the amount is due, all of the rent, utilities, and reasonable service chargesfor any 12-consecutive-month period subsequent to the collection of the security deposit by management, or uponresale of the mobilehome, whichever occurs earlier, management shall, upon the receipt of a written request fromthe homeowner, refund to the homeowner the amount of the security deposit within 30 days following the end of the12-consecutive-month-period of the prompt payment or the date of the resale of the mobilehome.
(c) As to all security deposits collected prior to January 1, 1989, upon the extension or renewal of the rental agreement orlease between the homeowner and the management, and upon the receipt of a written request from thehomeowner, if the homeowner has promptly paid to the management, within five days of the date the amount is due,all of the rent, utilities, and reasonable service charges for the 12-consecutive-month period preceding the receipt ofthe written request, the management shall refund to the homeowner the amount of the security deposit within 60days.
(d) As to all security deposits collected prior to January 1, 1989, and not disbursed pursuant to subdivision (c), in theevent that the mobilehome park is sold or transferred to any other party or entity, the selling park owner shall depositin escrow an amount equal to all security deposits that the park owner holds. The seller’s escrow instructions shalldirect that, upon close of escrow, the security deposits therein that were held by the selling park owner (including theperiod in escrow) for 12 months or more, shall be disbursed to the persons who paid the deposits to the selling parkowner and promptly paid, within five days of the date the amount is due, all rent, utilities, and reasonable servicecharges for the 12-month period preceding the close of escrow.
(e) Any and all security deposits in escrow that were held by the selling park owner that are not required to be disbursedpursuant to subdivision (b), (c), or (d) shall be disbursed to the successors in interest to the selling or transferring parkowner, who shall have the same obligations of the park’s management and ownership specified in this section withrespect to security deposits. The disbursal may be made in escrow by a debit against the selling park owner and acredit to the successors in interest to the selling park owner.
(f) The management shall not be required to place any security deposit collected in an interest-bearing account or toprovide a homeowner with any interest on the security deposit collected.
(g) Nothing in this section shall affect the validity of title to real property transferred in violation of this section.
(Amended by Stats. 2001, Chap 151 (AB 210, Corbett), eff. 1/1/2002)
798.39.5FINES AND FORFIETURES NOT CHARGEABLE
- The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects thecost to the management of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a courtof law or any enforcement agency against the management for a violation of this chapter or Part 2.1(commencing with Section 18200) of Division 13 of the Health and Safety Code, including any attorney’s fees andcosts incurred by the management in connection therewith.
- This section shall not apply to violations for which the registered owner of the mobilehome is initially responsiblepursuant to subdivision (b) of Section 18420 of the Health and Safety Code.
(b) A court shall consider the remoteness in time of the assessment or award against the management of any fine,forfeiture, penalty, money damages, or fee in determining whether the homeowner has met the burden of proof thatthe fee or increase in rent is in violation of this section.
(c) Any provision in a rental agreement entered into, renewed, or modified on or after January 1, 1995, that permits a feeor increase in rent that reflects the cost to the management of any money damages awarded against the managementfor a violation of this chapter shall be void.
(Amended by Stats. 2012, Chap. 477 (AB 1938, Williams), eff. 1/1/2013)