Legal Question in Landlord & Tenant Law in California

Re: subletting in mobile home parks

Ask for a list of the rules in the park.

You will probably have to rent it to a senior citizen.

Re: subletting in mobile home parks

I am sorry to hear of your father's ill health. The general rule in a land-lease mobile home park is that unless the park owner holds homes s/he owns out for rent, then the residents do not have a right to rent the homes. The rationale, as you correctly point out in your subject line, is that when you rent the land from the park owner, if you rent the home to someone, they are technically sub-letting the land from the park owner, and that requires the park-owner's consent. California legislature has enacted law that provides that if the park owner rents homes in his/her park, then s/he is deemed to have consented to sub-letting of spaces regardless of what the rules of the park say.

If the park owner does not rent homes him/herself, then the general rule is no, the home cannot be rented. However, as with most rules there are exceptions for hardships. Cal. Civil Code Section 798.23.5(a)(1) & (2) provides that a homeowner may rent his primary residence mobile home to a third party, regardless of park rules, if they meet the conditions of the code section, one of which is medical emergency or treatment which requires the homeowner to be absent from his or her home. It requires a doctor's letter, and the minimum term of the lease for the home must be six months. Finally, you personally may only be able to rent it so long as the park is not a senior or age 55+ park - in that case, you will have to find a tenant who qualifies for the age-requirements of the park. Check with the park manager. They can also provide you a copy of the civil code section I referenced. Good luck.

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