Legal Question in Landlord & Tenant Law in California

My sister owns her Mobile home and it has 3 bedrooms and she and her son live there, I just moved in from Nevada a couple months ago. Now they want to raise her rent 50.00, I am a relative and there are now 3 people living in a 3 bedroom mobile home and I was put on the lease. Can they raise the rent?


Asked on 5/27/10, 7:34 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Unfortunately, you did not indicate if this is in a mobile home park, or on privately owned land she is leasing. There may be a very big difference. As for the increase in rent, did they specifically indicate that it was due to the additional tenant moving in? When they put you on the lease, is that when they told you that they were increasing the rent? If not, then they have the right (absent rent control) to raise the rent once a year. They have probably been doing it since she bought the home. If the increase is specifically because you moved in and the home is in a mobile home park, then you need to look at the Mobile Home Residency Law - (California Civil Code �798, et seq.), and rules regarding fees and guests.

Specifically, you want to look at Sections 798.34 and 798.35. Section 798.34 prohibits the park from charging more rent for a guest. You no longer fit the definition of a guest if you are now on the lease. I also do not see where any of the other exceptions apply to your situation. Section 798.35 prohibits charging additional rent for members of the home owner's "immediate" family. You again, as her brother, technically don't meet the definition in the code of her "immediate" family. Because the law only prohibits increased rent under these limited circumstances, it is pretty safe to say that they CAN charge an increase where you don't fit these exceptions. Without being retained, however, I have not reviewed the cases that interpret these sections, nor have I dug deeper into the MRL (which may have applicable pieces of law buried elsewhere). You would need to retain someone, and provide many more facts before a conclusion could be reached upon which you can rely and fight the increase.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/27/10, 11:21 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California