Legal Question in Real Estate Law in California

I am buying a manufactor home and the park fees are 1251 per month.

I signed papers with the park and have been approved. They verbally told me to bring in first months rent and security deposit of 1251. I did this morning and now they are saying they want two months of security deposit. 1251 MORE. It is no where in the paperwork the amount they are charging for security deposit. I feel something is not right. please help. can they charge that much without telling me in advance.


Asked on 11/30/11, 1:02 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

A landlord can require a tenant to deposit for security twice the amount of the monthly rental. If they orally told you that it would be only one time the monthly rental and then insisted on twice, They are in breach of their oral contract with you. If you have witnesses or some way other way t show what was said then you might be successful in proven you were right. They would either back down and forget it because they realize the person who spoke to you may have made a mistake, or they will refuse to change their mind, or they would let you move in and then give you a thirty day notice to leave. So you can push to some extent but they have the upper hand. It might be best to find some other place to live.

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Answered on 11/30/11, 9:00 pm
Anthony Roach Law Office of Anthony A. Roach

Your situation is governed specifically by California's Mobile Home Residency Law. "The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months� rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following the initial occupancy." (Civ. Code, sect. 798.39, subd. (a).)

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Answered on 12/11/11, 11:43 am


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