Legal Question in Landlord & Tenant Law in California

Why is the park owner trying to evict you - you did not give any details? Your tenancy in the park is most likely governed by the Mobile Home Residency Law (some very small mobile home parks are not technically mobile home parks, and therefore not governed by the MRL). Under the MRL, there are very limited reasons why a park owner can seek to evict you. It does not sound like failing to pay the rent is why he is trying to evict you. For other reasons you can be evicted, read California Civil Code �798.56 and the companion sections. Consistently failing to abide by the park rules, conviction for a drug offense, etc... you need to first know if the park owner's reason for evicting you is legitimate. If it is, then you have to look at this issue of paying space rent while trying to sell your home.

Technically, when you get evicted from a mobile home park, you AND your home are being evicted from the space on which your home is now located. You do have the option, if evicted, to take the home with you, but in reality it is virtually impossible in California to now move a used mobile home into another park or onto private property, especially if you are in an area considered to be a high fire hazard. So, what often happens is that you are evicted from the home. If you continue to pay space rent, the park owner may "let" you sell your home in place. If you don't continue to pay the space rent, the park owner can get a money judgment against you for the unpaid rent, then lien the home and end up with title to the home for the money he is owed. The park owner does not have to let you leave the home in place and let you sell it - he can insist that you remove it, and if you don't, then lien and take the home from you.

Your best bet - find out first why he is evicting you, and if that is a legitimate reason under the MRL. If it is, then the next step is to try and sell the home before you lose it, or look into moving it to another park or private property.

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