Legal Question in Landlord & Tenant Law in California
Mobile homeowner's rights
We purchased a mobilehome in West Hills, CA. Our contract with the park states that we are not allowed to do anything with the trees on our lot and the concrete carport is the parks responsibility.
A Cypress tree alongside our carport has caused a major crack and lifted up the first section of our carport. We have contacted the management via letters, emails and phone calls for 2 months now and all we get is ''we're getting bids''. Do we have the right to withhold our rental fees until repairs are made? Or have the work done ourselves and deduct it from our rent? We are paying over 1,100 a month for this space. We purchased it with trees as a sight screen from our neightbors. Do they not have to replace those trees with an alternative solution?
Thank you for your attention to this question.
1 Answer from Attorneys
Re: Mobile homeowner's rights
Start with a certified letter to management, return receipt requested.
Detail your previous letters, e-mails, and phone calls.
Give them a specific period of time, perhaps one week. At that point, decide whether you want to repair and deduct (which is preferable), or withhold rent (which can be dangerous).
As to replacing the trees, you'll have to read your lease carefully. If such a provision is not clearly delineated, don't hold your breath waiting for management to give you a sight screen.
You may want to consider having an attorney write a letter to management for you. I have found a lawyer's letter is more productive than doing it alone, in many cases.
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