Legal Question in Real Estate Law in California

I just took over management of a 70 space MHP. I am a licensed RE Broker. The park suffered from absentee owner and poor onsite personal, glorified tenants. The onsite did not post or enforce notices for late rent or no rent at all. I have seven residents in the arrears for $20K dating back to 2009. HCD suspended our license to operate in February 2010 for necessary infrastructure improvements. So the tenants have been living rent free and utility free since then. I need clarification on how far back I am legally able to demand rent in arrears be paid back. Knowing that most of the tenants in arrears have no means of coming up with these amounts I will be posting sixty day notices to vacate. Some of these residents haven’t paid any amount of monies for as long as 4 years. Your advice is greatly appreciated.


Asked on 8/17/12, 8:57 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Evictions for unpaid rent are different with respect to mobile home parks. Issues involving tenancy in a mobilehome park are governed by California's Mobile Home Residency Law.

I would suggest that you start by reading and becoming thoroughly familiar with the Mobile Home Residency Law. A 2012 pdf version is available here: http://www.hcd.ca.gov/codes/mp/2012MRL.pdf

Civil Code section 798.56 governs the only permissible reasons to evict, which include rent. Read those sections very carefully, as there are special rules that govern the three day pay or quit notice. Depending on the situation, you can only ask for rent for the past year in a three day notice.

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Answered on 9/08/12, 10:14 am


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