CHAPTER 2.5 OF THE CALIFORNIA CIVIL CODE, 2018
 
Mobilehome Residency Law (MRL)
Hypertext version
INTRODUCTION

Most of the provisions of the California Mobilehome Residency Law (MRL) were enacted piecemeal over a number of years and eventually codified under Chapter 2.5 of the Civil Code in 1978. Since 1978, a number of sections have been amended and others added to the Code. The MRL is divided into nine Articles, by subject, as indicated in the accompanying Table of Contents.

The Mobilehome Residency Law, like provisions of conventional landlord-tenant law, are enforced by the courts; that is, the disputing parties must enforce the MRL against one another in a court of law. HCD (The state Department of Housing and Community Development) does not have authority to enforce these Civil Code provisions. For example, a park owner must utilize an unlawful detainer procedure in a court to evict a homeowner for non-payment of rent or failure to abide by Reasonable park rules. By the same token, a manufactured home owner must bring legal action, in court, to enforce a notice or other MRL requirement, or obtain an injunction, if the management will not otherwise abide by the MRL.

Other selected laws not part of the MRL but related to park residency are included in this handbook. These include the Recreational Vehicle Park Occupancy Law, first enacted in 1979, which governs tenancies in RV parks. The RV Park Occupancy Law was substantially revised in 1992, dividing it into seven Articles. Also enclosed are relevant laws on mobilehome resale disclosure, park emergency preparedness plans, mobilehome park polling places, registration and titles, and traffic enforcement in mobilehome parks.

For the 2018 edition, there are two new amendment to the Mobilehome Residency Law (MRL). (See Civil Code §798.28, 798.34, 799.9 and Health and Safety Code - HSC §18107). Legislation of significance signed by the governor not amending the MRL include SB 136 (Leyva), and SB 329 (Leyva). 2017 was the first year of the implementation of AB 587, Mobilehome Registration Fee and Tax Waiver Program. The fee waiver application and instructions are included at the end of this booklet. Mobilehome owners can get more information at http://www.RegisterYourMobilehomeCA.org or by calling (800) 952-8356.

TABLE OF CONTENTS

ARTICLE 1 - GENERAL

Civil Code §798 Title and Application
Civil Code §798.1 Application of Definitions
Civil Code §798.2 Definition of Management
Civil Code §798.3 Definition of Mobilehome
Civil Code §798.4 Definition of Mobilehome Park
Civil Code §798.6 Definition of Park
Civil Code §798.7 Definition of New Construction
Civil Code §798.8 Definition of Rental Agreement
Civil Code §798.9 Definition of Homeowner
Civil Code §798.10 Definition of Change of Use
Civil Code §798.11 Definition of Resident
Civil Code §798.12 Definition of Tenancy
Civil Code §798.13 State Owned Parks - Employees
Civil Code §798.14 Delivery of Notice

ARTICLE 2 - RENTAL AGREEMENT

Civil Code §798.15 In-Writing and Required Contents
Civil Code §798.16 Inclusion of Other Provisions
Civil Code §798.17 Rental Agreements Exempt from Rent Control
Civil Code §798.18 Length of Agreement; Comparable Monthly Terms
Civil Code §798.19 No Waiver of Chapter 2.5 Rights
Civil Code §798.19.5 Park Owner Right of First Refusal to Purchase Home
Civil Code §798.20 No Private Club Discrimination
Civil Code §798.21 Not Principal Residence - Rent Control Exempt
Civil Code §798.22 Recreational Vehicles in Parks - Designated Areas

ARTICLE 3 - RULES AND REGULATIONS

Civil Code §798.23 Application to Park Owners and Employees
Civil Code §798.23.5 Subleasing
Civil Code §798.24 Posting of Common Area Facility Hours
Civil Code §798.25 Amendments to Rules and Regulations - Notice
Civil Code §798.25.5 Void and Unenforceable Rules or Regulations
Civil Code §798.26 Management Entry into Mobilehomes
Civil Code §798.27 Notice of Zoning or Use Permit and Duration of Lease
Civil Code §798.28 Disclosure of Park Owner's Name
Civil Code §798.28.5 Vehicle Removal from Park
Civil Code §798.29 Notice of Mobilehome Ombudsman
Civil Code §798.29.6 Installation of Accommodations for the Disabled

ARTICLE 3.5 - FEES AND CHARGES

Civil Code §798.30 Notice of Rent Increase
Civil Code §798.31 Authorized Fees Charged
Civil Code §798.32 Fees Charged for Unlisted Services Without Notice
Civil Code §798.33 Pets
Civil Code §798.34 Guest and Live-In Care Providers
Civil Code §798.35 Members of Immediate Family -No Fees
Civil Code §798.36 Enforcement of Park Rules
Civil Code §798.37 Entry, Hookup, Landscaping and Maintenance Charges
Civil Code §798.37.5 Trees and Driveways
Civil Code §798.38 No Lien/Security Interest Except by Mutual Agreement
Civil Code §798.39 Security Deposits
Civil Code §798.39.5 Fines and Forfeitures Not Chargeable

ARTICLE 4 - UTILITIES

Civil Code §798.40 Utility Service Billing; Rate Schedule
Civil Code §798.41 Utilities Separately Billed - Reduced from Rent
Civil Code §798.42 Notice of Utility Interruption
Civil Code §798.43 Disclosure of Common Area Utility Charges
Civil Code §798.43.1 California Alternate Rates for Energy Program (CARE)
Civil Code §798.44 Liquefied Petroleum Gas Sales

ARTICLE 4.5 - RENT CONTROL

Civil Code §798.45 New Construction Exempt
Civil Code §798.49 Government Fees and Assessments That Are Exempt

ARTICLE 5 - HOMEOWNER COMMUNICATIONS AND MEETINGS

Civil Code §798.50 Legislative Intent
Civil Code §798.51 Right to Assemble, Meet, Canvass, Petition, Invite Speakers
Civil Code §798.52 Injunctive Action to Enforce Rights

ARTICLE 5.5 - HOMEOWNERS MEETINGS WITH MANAGEMENT

Civil Code §798.53 Management Meetings with Residents

ARTICLE 6 - TERMINATION OF TENANCY

Civil Code §798.55 Legislative Intent; Termination for Cause; 60-Day Notice
Civil Code §798.56 Seven Authorized Reasons for Termination of Tenancy
Civil Code §798.56a Notice Requirement of Legal Owner/Junior Lienholder
Civil Code §798.57 Statement of Reasons in Notice
Civil Code §798.58 No Termination to Make Space for Park Owner's Buyer
Civil Code §798.59 60-Day Notice by Resident of Termination
Civil Code §798.60 Application of Other Unlawful Detainer Laws
Civil Code §798.61 Abandoned Mobilehomes - Procedures

ARTICLE 7 - TRANSFER OF MOBILEHOME OR MOBILEHOME PARK

Civil Code §798.70 “For Sale” Signs
Civil Code §798.71 Management Showing or Listing - Prohibitions
Civil Code §798.72 No Transfer or Selling Fee
Civil Code §798.73 Removal of Mobilehome Upon Sale to Third Party
Civil Code §798.73.5 Home Upgrades on Resale
Civil Code §798.74 Management Approval of Buyer; Credit Rating Refund
Civil Code §798.74.4 Mobilehome Resale Disclosure to New Buyer
Civil Code §798.74.5 Rent Disclosure to Prospective Homeowners
Civil Code §798.75 Rental Agreement Required for Park Occupancy
Civil Code §798.75.5 Mobilehome Park Disclosure Form
Civil Code §798.76 Senior-Only Restrictions
Civil Code §798.77 No Waiver of Rights
Civil Code §798.78 Rights of Heir or Joint Tenant of Owner
Civil Code §798.79 Repossession of Mobilehome; Sale to Third Party
Civil Code §798.80 Sale of Park -Notice by Management
Civil Code §798.81 Listing or Sales - Prohibitions
Civil Code §798.82 School Impact Fee Disclosure
Civil Code §798.83 Homeowner Repair of the Space

ARTICLE 8 - ACTIONS, PROCEEDINGS, AND PENALTIES

Civil Code §798.84 Notice of Lawsuit for Failure to Maintain
Civil Code §798.85 Attorney's Fees and Costs
Civil Code §798.86 Management Penalty for Willful Violation
Civil Code §798.87 Public Nuisances and Abatement
Civil Code §798.88 Injunction for Violation of Park Rules

ARTICLE 9 - SUBDIVISIONS, COOPERATIVES, CONDOMINIUMS AND RESIDENT-OWNED PARKS

Civil Code §799 Definitions
Civil Code §799.1 Rights Governed
Civil Code §799.1.5 Advertising Sale of Home; “For Sale” Signs
Civil Code §799.2 Listing or Showing of Home by Park Management
Civil Code §799.2.5 Management Entry into Home
Civil Code §799.3 Removal of Mobilehome upon Third Party Sale
Civil Code §799.4 Withholding Prior Approval of Purchaser
Civil Code §799.5 Senior Only Restrictions
Civil Code §799.6 No Waiver of Rights
Civil Code §799.7 Notice of Utility Interruption
Civil Code §799.8 School Impact Fee Disclosure
Civil Code §799.9 Caregivers Living with Homeowners
Civil Code §799.10 Political Campaign Signs
Civil Code §799.11 Installation of Accommodations for the Disabled


OTHER SELECTED PROVISIONS OF LAW RELATING TO MOBILEHOMES

MANUFACTURED HOME & MOBILEHOME RESALE DISCLOSURE

Civil Code §1102 Disclosure on Mobilehome Resales
Civil Code §1102.1 Disclosure Clarification
Civil Code §1102.2 When Disclosure not Applicable
Civil Code §1102.3a Mobilehome Sales Subject to Disclosure
Civil Code §1102.6d Mobilehome Transfer Disclosure Form
Civil Code §1102.6e Notice of Transfer Fee
Civil Code §1102.9 Disclosure Amendments

DISCLOSURE OF NATURAL HAZARDS UPON OF RESIDENTIAL PROPERTY

Civil Code §1103 Application of Disclosure
Civil Code §1103.1 Exclusions
Civil Code §1103.2 Natural Hazard Disclosure Form
Civil Code §1103.3 Delivery to Buyer
Civil Code §1103.4 Liability for Errors
Civil Code §1103.5 Relief from Duty to Disclose
Civil Code §1103.7 Good Faith
Civil Code §1103.8 Other Disclosures
Civil Code §1103.9 Amendments to Disclosure
Civil Code §1103.10 Personal Delivery or Mail
Civil Code §1103.11 Those Who Are Not Agents
Civil Code §1103.12 Agent's Responsibilities
Civil Code §1103.13 No Transaction Invalidated
Civil Code §1103.14 Listing Agent Defined

AGENTS' MOBILEHOME RESALE DISCLOSURE

Health & Safety Code §18025 Agents Subject to §18046
Health & Safety Code §18046 Agent's Duty of Disclosure

LOT LINES

Health & Safety Code §18610.5 Mobilehome and Special Occupancy Parks Lot Lines

OCCUPANCY PROHIBITIONS

Health & Safety Code §18550 Unlawful Occupancy
Health & Safety Code §18550.1 Unlawful Occupancy: HCD Notice

PARK EMERGENCY PREPAREDNESS AND PROCEDURES

Health & Safety Code §18603 Emergency Preparedness Plans

POLLING PLACE

Elections Code §12285 Mobilehome Park as Polling Place

REGISTRATION AND TITLE

Health & Safety Code §18080.4 Registration Card in Every Mobilehome
Health & Safety Code §18092.7 Tax Clearance Certificate
Health & Safety Code §18108 Renewals and Replacements
Health & Safety Code §18116.1 Lien/Unpaid Fees
Health & Safety Code §18122.5 Penalties
Vehicle Code §5903 Abandonment and Sale: Notice and Application

TRAFFIC

Vehicle Code §21107.9 Speed Enforcement Agreements


RECREATIONAL VEHICLE PARK OCCUPANCY LAW

ARTICLE 1 - DEFINITIONS

Civil Code §799.20 Title of Chapter
Civil Code §799.21 Application of Definitions
Civil Code §799.22 Definition of Defaulting Occupant
Civil Code §799.23 Definition of Defaulting Resident
Civil Code §799.24 Definition of Defaulting Tenant
Civil Code §799.25 Definition of Guest
Civil Code §799.26 Definition of Management
Civil Code §799.27 Definition of Occupancy
Civil Code §799.28 Definition of Occupant
Civil Code §799.29 Definition of RV
Civil Code §799.30 Definition of RV Park
Civil Code §799.31 Definition of Resident
Civil Code §799.32 Definition of Tenant

ARTICLE 2 -GENERAL PROVISIONS

Civil Code §799.40 Cumulative Rights
Civil Code §799.41 Not Applicable to Mobilehomes
Civil Code §799.42 No Waiver of Rights
Civil Code §799.43 Registration Agreement
Civil Code §799.44 Rules and Regulations
Civil Code §799.45 Rental Agreement Optional
Civil Code §799.46 Sign Requirement/Reasons for RV Removal

ARTICLE 3 - DEFAULTING OCCUPANTS

Civil Code §799.55 72-Hour Notice
Civil Code §799.56 Service of 72-Hour Notice
Civil Code §799.57 Notice of RV Removal
Civil Code §799.58 RV Removal/Notice to Sheriff
Civil Code §799.59 Reasonable Care in RV Removal

ARTICLE 4 - DEFAULTING TENANTS

Civil Code §799.65 Five Days to Pay Due Rent/Three-Day Notice to Vacate
Civil Code §799.66 Thirty Days' Notice of Termination
Civil Code §799.67 Eviction Procedures

ARTICLE 5 - DEFAULTING RESIDENTS

Civil Code §799.70 Terminating of Tenancy/Notice
Civil Code §799.71 Eviction Procedures

ARTICLE 6 - LIENS FOR RV'S & ABANDONED POSSESSIONS

Civil Code §799.75 Upon Default/Civil Code Procedure

ARTICLE 7 - ACTIONS AND PROCEEDINGS

Civil Code §799.78 Civil Code §799.78
Civil Code §799.79 $500 Damages/Willful Violations by Management


APPENDIX

Frequently Asked Questions

Community Resources

INDEX 101 (Alphabetical order)

index

 
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