Legal Question in Real Estate Law in California
We purchased a mobile home for $20,000. Our mortgage is about $280 a month. But our space rent is $745 a month. Our park says there is no subleasing allowed here. We want to purchase a "real" house but don't want to be stuck with two mortgages. Is there any way we can have someone move in and pay us rent without being considered "subleasing"? Maybe a lease to own option or something? Appreciate the help!
3 Answers from Attorneys
Rent is the same as lease. You will not be able to do anything prohibited by the terms of your lease, without approval of the mgmt. Parks are generally 'nosy' and changes would be discovered by mgmt even if you tried to hide them. You can sell the coach without a problem; they have to allow that. Discuss with mgmt what it will take for them to approve you entering a sale or 'lease to buy' with their credit approval of the purchaser. Negotiate. They don't want you to walk away either. Try to sell the coach. Be creative.
Congratulations on your new home! Well, if your agreement does not allow for subleasing than you are pretty much stuck in this agreement with the Landlord until the lease ends.
You can try to work out something where they will let you out of your lease early..
Feel free to call me with any questions.
I've posted on this before. Mobilehome rental agreements are extensively governed by California's Mobilehome Residency Law.
Subleasing is governed by Civil Code section 798.23.5. You can read the entire statute here: http://law.onecle.com/california/civil/798.23.5.html
Simply stated, a homeowner can sublease the mobilehome if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician. Otherwise, it is not permitted, and the park owner/ management can withhold consent.