Legal Question in Real Estate Law in California

I am sorry to hear about the problems you are experiencing. Our firm has handled a lot of manufactured housing and RV matters, and I can tell you that what the park manager/owner is doing is almost certainly illegal. First, the park manager/owner does not have the right to summarily enter your husband's trailer and begin renting it "for the space rent." The park manager/owner can only rent the trailer after it has been legally acquired by the park for the unpaid rent. That requires the filing of an eviction or abandonment lawsuit, entry of a judgment, a lien sale and then formal notices sent to HCD or DMV to transfer title to the park. Only then does the park manager/owner have the right to enter the home, and begin renting it to a third party.

The statement that you cannot rent may be true, but probably not under the facts you've indicated. The general rule is that a park owner can prohibit "sub-leasing" of the space the trailer is located on. Your husband was leasing the space. If you lease the home to someone, that person is now "sub-leasing" the space, and that can be legally prohibited. However, there is an exception to that rule, and that is where the park owner is also renting homes in the park. If she is renting your husband's trailer, it's very likely that she is renting others, and therefore, you would have the legal right to rent the home. She's probably avoiding you because she knows what she is doing is wrong.

First, I suggest you contact the Ombudsman at the California Department of Housing and Community Development (http://www.hcd.ca.gov/codes/ol/ombpg-menu.html). They are a free resource to try and resolve issues with park owners and their tenants. You may, however, have to retain an attorney to help you assert your rights with respect to the trailer before she does wake up and files suit and lien-sales the home to herself. You need to act quickly, as the acquisition of title can happen pretty quickly, and once done, will cost a lot in attorneys fees to undo. Good luck.

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