Legal Question in Landlord & Tenant Law in California
We bought a mobile home for my younger and older sister in a 55 + mobile park. Younger can move in right away, the older not for a year or so. Younger wants to allow a friend to live there until older sister is available, but friend been diagnosed with cancer. We don't want hospice or family members coming in at all hours of the day or night due to any liability we may incurr if someone gets hurt or injured. Plus some of her family (kids) are on drugs and don't want them on the premise. We said we could write a temporary rental agreement to be terminated when she becomes incompacitated and/or needs hospice, nursing care. She is agreeing to this and says she has made other arrangements to move out anyway when that time comes and/or when older sister is ready to move in. What are our legal rights?
1 Answer from Attorneys
If the park is a rental mobile home park (meaning, you rent the land from the park owner, but own the home), then you may not have the legal right to sublet the home to anyone. If the park allows it, that's fine, but you have to be careful about characterizing your family members as tenants as it may cause the park to begin eviction for illegal subletting (the land, not the home).
As for your question, you can write any agreement you want, but it may not be enforceable. Rental agreements which specifically prohibit certain persons from visiting or living in the home may not be enforceable in California. I strongly encourage you to hire a real estate attorney in your area to help you draft a document which is both legally enforceable and accomlishes the goals you seek. If she is agreeing, then you're half way through the battle, now just find someone to properly document it and get it signed before she changes her mind. Do also check into the issue of subletting in the park - that may be a trap that comes back to haunt you later.
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