Legal Question in Landlord & Tenant Law in California
I am half owner of a mobile home, I reside in the home. I recently got behind in rent and the owners took me to court and won on an unlawful detainer. The sheriff should be out to put us out. The other owner was nevered served a 60 day to move or sell or any other papers where she lives. the landlord says it was up to me to notify her about this. I said no it was not. Along with the fact when they serve you with a 60 day to move or sell I saw where they were suppose to also send a certified notice with return receipt if they do not get a response in 10 days. They did not. Can the other owner who doesn't live in the home stop this eviction?
2 Answers from Attorneys
I am not sure as I do not deal with the different issues mobile homes have from houses. I would think that what they got was an order requiring you to move the mobile home off the pad and out of the mobile home park. As to a house, you are removed from that house and they only have to rmove the people who reside there. Logically, they would have to serve and get a judgment against all the owners of the mobile home because they are seeking that the whole home be removed. It would be worth a try to have the other owner contact them, without telling how she can be found, and point out that she owns the home also and they can not move it without her permission. She should cc the Sheriff's department [you should hand deliever a copy or just immediately go and ask to see the officer in charge to point out that the owners of the park may not have the right to remove you and it would be best to wait until the legal issues are clear.
By allowing a ajudgment tobe taaken against you and allowing the time for appeal to pass, you likely waived any right to complain about the lack of a certified notice, especially since you were aware of the court date.
There must be some assoiction of mobile home owners that provides some general legal information.
Contrary to what Attorney Shers indicates in his reply, there are very specific rules that relate to unlawful detainers and manufactured or mobile homes. California Civil Code �798 is referred to as the Mobile Home Residency Law, and you should receive a copy of that from the park owner every year at the beginning of the year. �798.56 deals with evictions for failing to pay the rent. The 3 and the 60 day notices must be served on the registered owners and any legal owners or junior lienholders. If the person you own the home with is on the actual title to the home and/or on the lease with the park, then the park manager screwed up and while they have evicted you, they have probably not lawfully evicted the home. If the person who owns the other 50% of the home is either not of record on the title with HCD, or is not on the lease, then they were not required to be noticed.
Feel free to contact me off the list, as there are a lot of variables that need to be looked at to see if the eviction can be halted or at least delayed.
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