Legal Question in Real Estate Law in California

Mobile Home Owner's right of tenacy vs. possible eviction
In Southern California, can the management of a mobile home park force a tenant of the park (the owner of a mobile home) to leave her home because of a 3 minute VERBAL arguement ? No physical contact was involved nor was there in threat of injury or harm to physical property or persons. Ownership of the home was passed to this individual upon the death of one of the original owners. The new owner has always been a resident of the mobile home, i.e., she moved in with her parents when they purchased the mobile home. She is afraid to inform the park management of the change in ownership (but not occupancy - since she always lived there)because they have threatened her with the demand of a new, higher ''security'' fee.

Asked on 10/29/03, 6:37 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Mobile Home Owner's right of tenacy vs. possible eviction

The answer probably depends upon the nature of the agreement between the park management and the tenant, and possibly also upon any local rent- or occupancy-control ordinances.

Ordinarily, if there is a long-term lease, an oral argument would not be a breach of the lease and the tenancy should continue. The person on the other side of the argument could, of course, raise some contrary legal issues, especially if the other party were the resident manager.

On the other hand, if the space rental is month-to-month, the park could terminate the rental for any reason that doesn't go against an applicable local ordinance.

It would be helpful to know WHY the argument might affect tenancy. Was the argument with the manager? Was it directed at another tenant? Is the problem only that the noise (loud voices) disturbed other tenants?

I think the tenant's position would be much stronger if she had always been in good communication with the management about ownership of the mobile home.

Answered on 10/30/03, 5:00 pm

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