Legal Question in Real Estate Law in California

House guests

I live in a mobile home park in southern California. I recently had a family in need move in with me. They pay no rent at all. The park is now telling me that it is state law that guests are only alowed to stay for like 20 days or something. This seems crazy to me. I know it is their land, but it is my house. They are saying that they have to be out by the 27th of this month. I am just wondering if they can do this. If there is any way that I can fight it, or just prolong them getting evicted. I dont know what to do, I am sure that there is nothing. I am just trying to do the right thing here and help people out in need.


Asked on 5/08/09, 10:51 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: House guests

The park owner is correct. California Civil Code � 798.34 provides that anyone who is not a registered, legal occupant of the home is a guest. They are allowed to stay, without additional charge, for 20 consecutive days, or no more than 30 total days in the period of a year. Once they exceed that timeframe, the park owner can force you to register them (in other words, the park can run their credit, contact prior landlords, etc...). If you fail to register them as occupants of the park, then the park owner can evict them, or charge you for their presence. While I appreciate your desire to help someone out, you have to understand that mobile home parks are extremely unique - they are essentially a joint-venture or cooperative between the park owner (who owns the land) and you as the homeowner. A very specific set of laws has developed to address this unique homeownership arrangement, and in some instances (such as what you describe) it results in what are sometimes considered to be less-than optimal results. I would probably not let the park evict them because then you are technically breaking the park rules, and subject to eviction yourself. Best to help them find a new place to live, or register them with the park as legal occupants before you get yourself evicted and lose your home also.

*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.

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Answered on 5/11/09, 11:54 am


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