Legal Question in Real Estate Law in California
I own a home in a mobile home park in Ca. The rental agreement states that in order for me to sublet my home I have to have the owners approval. After renting the home for one year my tenant has moved out. The space rent was paid on time every month and the home was left in immaculate condition. Now the owners of the park won't allow me to rent it to anyone. Is this legal?
2 Answers from Attorneys
Without reviewing any documents or hearing the park owner's side of the story, I'd say you'd probably win a lawsuit over their absolute refusal to allow you to rent your mobile home. Most such prohibitions against renting are construed to contain the qualifiication "which shall not unreasonably be withheld" and an absolute prohibition is unreasonable. In a commercial lease situation you'd have no case, but I believe in a residential lease courts won't uphold an absolute prohibition against all subletting.
Mobile homes and mobile home leases are governed extensively in California by the Mobile Home Residency Law. (Civil Codes, sections 798 through 799.99.)
Subleasing is governed by Civil Code section 798.23.5. I suggest familiarizing yourself with that section. You can read it here: http://law.onecle.com/california/civil/798.23.5.html
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