Legal Question in Landlord & Tenant Law in California
I manage a membership RV park and we have renters on a 6 month lease. We have rules and regulations which the people sign and agree with.
Here is my question. If a person breaks any of these rules in our agreement it states that I can give them 10 days to vacate the premises. They brought up a law that states that if they reside in a place for 6 months or more they now have a residence and I have to give them 60 days.
I would like to know if my contract is legal or do I have to abide by state laws concerning RV parks?
2 Answers from Attorneys
There are some provisions of the law that parties can modify by agreement. This is not one of them. The law controls over your contract.
All contracts are regulated by state law, in part to prevent what society, via the legislature's attitude on what that is, might consider unfair or unequal treatment. Contract provisions that conflict with state law can not be enforced; sometimes state law does allow for alternative approaches, but if there is a clear statement you can not go against it. There are, however, certain grounds that allow for an early termination of the leasehold rights, such as failure to pay rent, commission of crimes, maintaining a unhealthy area, etc. So depending upon what the person did, you might be able to actually give the person a notice that the lease is void unless the violation is cured in less than 10 days.
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