Legal Question in Landlord & Tenant Law in California

Mobile Home Tenant Law

If I purchase a mobile home in a mobile home park in California, and I am accepted by park's back ground check, etc., does the park have the legal right to dictate who I have as a roomate? I have a friend who has a sex offender status who would like to share my home. He is on the Natl Registry, but not considered high-risk.


Asked on 7/01/09, 7:48 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Mobile Home Tenant Law

You will find that most mobile home parks have adopted the standards which State law sets forth regarding who is a "guest" and therefore not subject to registration, and a "roommmate" who is subject to registration and approval by the park management. If his intention is to stay more than 30 days in a given year, he is going to be required to register.

You should also know that the park does not have to allow you to sublet a room in your home to a roommate - check Civil Code �798.23.5 for information about subletting roommates and the requirement that they be qualified to live in the home just like you.

That being said, they generally do not, and I would argue under the mobile home residency law, cannot turn him down on the basis of the registry. The sole criteria under Civil Code �798.74 for a park to determine eligibility for anyone to live in the park are (1) ability to pay the rent, and (2) ability to comply with the park rules. Anything they ask about beyond that - except in age-restricted parks - is illegal and not a valid criteria for determining someone's eligibility. Your neighbor's won't particularly like you when they find out about his registry, but the park probably cannot keep him out based solely on that.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/02/09, 12:18 pm


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