SECTIONS 798.55-798.61 - California Statutes

CIVIL CODE

SECTION 798.55-798.61

798.55. (a) The Legislature finds and declares that, because of the
high cost of moving mobilehomes, the potential for damage resulting
therefrom, the requirements relating to the installation of
mobilehomes, and the cost of landscaping or lot preparation, it is
necessary that the owners of mobilehomes occupied within mobilehome
parks be provided with the unique protection from actual or
constructive eviction afforded by the provisions of this chapter.
(b) (1) The management may not terminate or refuse to renew a
tenancy, except for a reason specified in this article and upon the
giving of written notice to the homeowner, in the manner prescribed
by Section 1162 of the Code of Civil Procedure, to sell or remove, at
the homeowner's election, the mobilehome from the park within a
period of not less than 60 days, which period shall be specified in
the notice. A copy of this notice shall be sent to the legal owner,
as defined in Section 18005.8 of the Health and Safety Code, each
junior lienholder, as defined in Section 18005.3 of the Health and
Safety Code, and the registered owner of the mobilehome, if other
than the homeowner, by United States mail within 10 days after notice
to the homeowner. The copy may be sent by regular mail or by
certified or registered mail with return receipt requested, at the
option of the management.
(2) The homeowner shall pay past due rent and utilities upon the
sale of a mobilehome pursuant to paragraph (1).
(c) If the homeowner has not paid the rent due within three days
after notice to the homeowner, and if the first notice was not sent
by certified or registered mail with return receipt requested, a copy
of the notice shall again be sent to the legal owner, each junior
lienholder, and the registered owner, if other than the homeowner, by
certified or registered mail with return receipt requested within 10
days after notice to the homeowner. Copies of the notice shall be
addressed to the legal owner, each junior lienholder, and the
registered owner at their addresses, as set forth in the registration
card specified in Section 18091.5 of the Health and Safety Code.
(d) If management obtains a court judgment against a homeowner or
resident, the cost incurred by management in obtaining a title
search for the purpose of complying with the notice requirements of
this section shall be recoverable as a cost of suit.
(e) The resident of a mobilehome that remains in the mobilehome
park after service of the notice to sell or remove the mobilehome
shall continue to be subject to this chapter and the rules and
regulations of the park, including rules regarding maintenance of the
space.
(f) No lawful act by the management to enforce this chapter or the
rules and regulations of the park may be deemed or construed to
waive or otherwise affect the notice to remove the mobilehome.

798.56. A tenancy shall be terminated by the management only for
one or more of the following reasons:
(a) Failure of the homeowner or resident to comply with a local
ordinance or state law or regulation relating to mobilehomes within a
reasonable time after the homeowner receives a notice of
noncompliance from the appropriate governmental agency.
(b) Conduct by the homeowner or resident, upon the park premises,
that constitutes a substantial annoyance to other homeowners or
residents.
(c) (1) Conviction of the homeowner or resident for prostitution,
for a violation of subdivision (d) of Section 243, paragraph (2) of
subdivision (a), or subdivision (b), of Section 245, Section 288, or
Section 451, of the Penal Code, or a felony controlled substance
offense, if the act resulting in the conviction was committed
anywhere on the premises of the mobilehome park, including, but not
limited to, within the homeowner's mobilehome.
(2) However the tenancy may not be terminated for the reason
specified in this subdivision if the person convicted of the offense
has permanently vacated, and does not subsequently reoccupy, the
mobilehome.
(d) Failure of the homeowner or resident to comply with a
reasonable rule or regulation of the park that is part of the rental
agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a
failure to comply with a reasonable rule or regulation unless and
until the management has given the homeowner written notice of the
alleged rule or regulation violation and the homeowner or resident
has failed to adhere to the rule or regulation within seven days.
However, if a homeowner has been given a written notice of an alleged
violation of the same rule or regulation on three or more occasions
within a 12-month period after the homeowner or resident has violated
that rule or regulation, no written notice shall be required for a
subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its
obligation to demonstrate that a rule or regulation has in fact been
violated.
(e) (1) Nonpayment of rent, utility charges, or reasonable
incidental service charges; provided that the amount due has been
unpaid for a period of at least five days from its due date, and
provided that the homeowner shall be given a three-day written notice
subsequent to that five-day period to pay the amount due or to
vacate the tenancy. For purposes of this subdivision, the five-day
period does not include the date the payment is due. The three-day
written notice shall be given to the homeowner in the manner
prescribed by Section 1162 of the Code of Civil Procedure. A copy of
this notice shall be sent to the persons or entities specified in
subdivision (b) of Section 798.55 within 10 days after notice is
delivered to the homeowner. If the homeowner cures the default, the
notice need not be sent. The notice may be given at the same time as
the 60 days' notice required for termination of the tenancy. A
three-day notice given pursuant to this subdivision shall contain the
following provisions printed in at least 12-point boldface type at
the top of the notice, with the appropriate number written in the
blank:
"Warning: This notice is the (insert number) three-day notice for
nonpayment of rent, utility charges, or other reasonable incidental
services that has been served upon you in the last 12 months.
Pursuant to Civil Code Section 798.56 (e) (5), if you have been given
a three-day notice to either pay rent, utility charges, or other
reasonable incidental services or to vacate your tenancy on three or
more occasions within a 12-month period, management is not required
to give you a further three-day period to pay rent or vacate the
tenancy before your tenancy can be terminated."

(2) Payment by the homeowner prior to the expiration of the
three-day notice period shall cure a default under this subdivision.
If the homeowner does not pay prior to the expiration of the
three-day notice period, the homeowner shall remain liable for all
payments due up until the time the tenancy is vacated.
(3) Payment by the legal owner, as defined in Section 18005.8 of
the Health and Safety Code, any junior lienholder, as defined in
Section 18005.3 of the Health and Safety Code, or the registered
owner, as defined in Section 18009.5 of the Health and Safety Code,
if other than the homeowner, on behalf of the homeowner prior to the
expiration of 30 calendar days following the mailing of the notice to
the legal owner, each junior lienholder, and the registered owner
provided in subdivision (b) of Section 798.55, shall cure a default
under this subdivision with respect to that payment.
(4) Cure of a default of rent, utility charges, or reasonable
incidental service charges by the legal owner, any junior lienholder,
or the registered owner, if other than the homeowner, as provided by
this subdivision, may not be exercised more than twice during a
12-month period.
(5) If a homeowner has been given a three-day notice to pay the
amount due or to vacate the tenancy on three or more occasions within
the preceding 12-month period and each notice includes the
provisions specified in paragraph (1), no written three-day notice
shall be required in the case of a subsequent nonpayment of rent,
utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the
homeowner in the manner prescribed by Section 1162 of the Code of
Civil Procedure to remove the mobilehome from the park within a
period of not less than 60 days, which period shall be specified in
the notice. A copy of this notice shall be sent to the legal owner,
each junior lienholder, and the registered owner of the mobilehome,
if other than the homeowner, as specified in paragraph (b) of Section
798.55, by certified or registered mail, return receipt requested,
within 10 days after notice is sent to the homeowner.
(6) When a copy of the 60 days' notice described in paragraph (5)
is sent to the legal owner, each junior lienholder, and the
registered owner of the mobilehome, if other than the homeowner, the
default may be cured by any of them on behalf of the homeowner prior
to the expiration of 30 calendar days following the mailing of the
notice, if all of the following conditions exist:
(A) A copy of a three-day notice sent pursuant to subdivision (b)
of Section 798.55 to a homeowner for the nonpayment of rent, utility
charges, or reasonable incidental service charges was not sent to the
legal owner, junior lienholder, or registered owner, of the
mobilehome, if other than the homeowner, during the preceding
12-month period.
(B) The legal owner, junior lienholder, or registered owner of the
mobilehome, if other than the homeowner, has not previously cured a
default of the homeowner during the preceding 12-month period.
(C) The legal owner, junior lienholder or registered owner, if
other than the homeowner, is not a financial institution or
mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or
registered owner within the 30-day period, the notice to remove the
mobilehome from the park described in paragraph (5) shall be
rescinded.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof, provided:
(1) The management gives the homeowners at least 15 days' written
notice that the management will be appearing before a local
governmental board, commission, or body to request permits for a
change of use of the mobilehome park.
(2) After all required permits requesting a change of use have
been approved by the local governmental board, commission, or body,
the management shall give the homeowners six months' or more written
notice of termination of tenancy.
If the change of use requires no local governmental permits, then
notice shall be given 12 months or more prior to the management's
determination that a change of use will occur. The management in the
notice shall disclose and describe in detail the nature of the change
of use.
(3) The management gives each proposed homeowner written notice
thereof prior to the inception of his or her tenancy that the
management is requesting a change of use before local governmental
bodies or that a change of use request has been granted.
(4) The notice requirements for termination of tenancy set forth
in Sections 798.56 and 798.57 shall be followed if the proposed
change actually occurs.
(5) A notice of a proposed change of use given prior to January 1,
1980, that conforms to the requirements in effect at that time shall
be valid. The requirements for a notice of a proposed change of use
imposed by this subdivision shall be governed by the law in effect at
the time the notice was given.
(h) The report required pursuant to subdivisions (b) and (i) of
Section 65863.7 of the Government Code shall be given to the
homeowners or residents at the same time that notice is required
pursuant to subdivision (g) of this section.
(i) For purposes of this section, "financial institution" means a
state or national bank, state or federal savings and loan association
or credit union, or similar organization, and mobilehome dealer as
defined in Section 18002.6 of the Health and Safety Code or any other
organization that, as part of its usual course of business,
originates, owns, or provides loan servicing for loans secured by a
mobilehome.

798.56a. (a) Within 60 days after receipt of, or no later than 65
days after the mailing of, the notice of termination of tenancy
pursuant to any reason provided in Section 798.56, the legal owner,
if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:
(1) Its offer to sell the obligation secured by the mobilehome to
the management for the amount specified in its written offer. In that
event, the management shall have 15 days following receipt of the
offer to accept or reject the offer in writing. If the offer is
rejected, the person or entity that made the offer shall have 10 days
in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.
(2) Its intention to foreclose on its security interest in the
mobilehome.
(3) Its request that the management pursue the termination of
tenancy against the homeowner and its offer to reimburse management
for the reasonable attorney's fees and court costs incurred by the
management in that action. If this request and offer are made, the
legal owner, if any, or junior lienholder, if any, shall reimburse
the management the amount of reasonable attorney's fees and court
costs, as agreed upon by the management and the legal owner or junior
lienholder, incurred by the management in an action to terminate the
homeowner's tenancy, on or before the earlier of (A) the 60th
calendar day following receipt of written notice from the management
of the aggregate amount of those reasonable attorney's fees and costs
or (B) the date the mobilehome is resold.
(b) A legal owner, if any, or junior lienholder, if any, may sell
the mobilehome within the park to a third party and keep the
mobilehome on the site within the mobilehome park until it is resold
only if all of the following requirements are met:
(1) The legal owner, if any, or junior lienholder, if any,
notifies management in writing of the intention to exercise either
option described in paragraph (2) or (3) of subdivision (a) within 60
days following receipt of, or no later than 65 days after the
mailing of, the notice of termination of tenancy and satisfies all of
the responsibilities and liabilities of the homeowner owing to the
management for the 90 days preceding the mailing of the notice of
termination of tenancy and then continues to satisfy these
responsibilities and liabilities as they accrue from the date of the
mailing of that notice until the date the mobilehome is resold.
(2) Within 60 days following receipt of, or no later than 65 days
after the mailing of, the notice of termination of tenancy, the legal
owner or junior lienholder commences all repairs and necessary
corrective actions so that the mobilehome complies with park rules
and regulations in existence at the time the notice of termination of
tenancy was given as well as the health and safety standards
specified in Sections 18550, 18552, and 18605 of the Health and
Safety Code, and completes these repairs and corrective actions
within 90 calendar days of that notice, or before the date that the
mobilehome is sold, whichever is earlier.
(3) The legal owner, if any, or junior lienholder, if any,
complies with the requirements of Article 7 (commencing with Section
798.70) as it relates to the transfer of the mobilehome to a third
party.
(c) For purposes of subdivision (b), the "homeowner's
responsibilities and liabilities" means all rents, utilities,
reasonable maintenance charges of the mobilehome and its premises,
and reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.
(d) If the homeowner files for bankruptcy, the periods set forth
in this section are tolled until the mobilehome is released from
bankruptcy.
(e) Notwithstanding any other provision of law, including, but not
limited to, Section 18099.5 of the Health and Safety Code, if
neither the legal owner nor a junior lienholder notifies the
management of its decision pursuant to subdivision (a) within the
period allowed, or performs as agreed within 30 days, or if a
registered owner of a mobilehome, that is not encumbered by a lien
held by a legal owner or a junior lienholder, fails to comply with a
notice of termination and is either legally evicted or vacates the
premises, the management may either remove the mobilehome from the
premises and place it in storage or store it on its site. In this
case, notwithstanding any other provision of law, the management
shall have a warehouse lien in accordance with Section 7209 of the
Commercial Code against the mobilehome for the costs of dismantling
and moving, if appropriate, as well as storage, that shall be
superior to all other liens, except the lien provided for in Section
18116.1 of the Health and Safety Code, and may enforce the lien
pursuant to Section 7210 of the Commercial Code either after the date
of judgment in an unlawful detainer action or after the date the
mobilehome is physically vacated by the resident, whichever occurs
earlier. Upon completion of any sale to enforce the warehouse lien in
accordance with Section 7210 of the Commercial Code, the management
shall provide the purchaser at the sale with evidence of the sale, as
shall be specified by the Department of Housing and Community
Development, that shall, upon proper request by the purchaser of the
mobilehome, register title to the mobilehome to this purchaser,
whether or not there existed a legal owner or junior lienholder on
this title to the mobilehome.
(f) All written notices required by this section shall be sent to
the other party by certified or registered mail with return receipt
requested.
(g) Satisfaction, pursuant to this section, of the homeowner's
accrued or accruing responsibilities and liabilities shall not cure
the default of the homeowner.

798.57. The management shall set forth in a notice of termination,
the reason relied upon for the termination with specific facts to
permit determination of the date, place, witnesses, and circumstances
concerning that reason. Neither reference to the section number or a
subdivision thereof, nor a recital of the language of this article
will constitute compliance with this section.

798.58. Tenancy may only be terminated for reasons contained in
Section 798.56, and a tenancy may not be terminated for the purpose
of making a homeowner's site available for a person who purchased or
proposes to purchase, or rents or proposes to rent, a mobilehome from
the owner of the park or the owner's agent.

798.59. A homeowner shall give written notice to the management of
not less than 60 days before vacating his or her tenancy.

798.60. The provisions of this article shall not affect any rights
or proceedings set forth in Chapter 4 (commencing with Section 1159)
of Title 3 of Part 3 of the Code of Civil Procedure except as
otherwise provided herein.

798.61. (a) (1) As used in this section, "abandoned mobilehome"
means a mobilehome about which all of the following are true:
(A) It is located in a mobilehome park on a site for which no rent
has been paid to the management for the preceding 60 days.
(B) It is unoccupied.
(C) A reasonable person would believe it to be abandoned.
(2) For purposes of this section:
(A) "Mobilehome" shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
(B) "Abandoned mobilehome" shall include a mobilehome that is
uninhabitable because of its total or partial destruction that cannot
be rehabilitated, if the mobilehome also satisfies the requirements
of paragraph (1).
(b) After determining a mobilehome in a mobilehome park to be an
abandoned mobilehome, the management shall post a notice of belief of
abandonment on the mobilehome for not less than 30 days, and shall
deposit copies of the notice in the United States mail, postage
prepaid, addressed to the homeowner at the last known address and to
any known registered owner, if different from the homeowner, and to
any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
(c) Thirty or more days following posting pursuant to subdivision
(b), the management may file a petition in the superior court in the
county in which the mobilehome park is located, for a judicial
declaration of abandonment of the mobilehome. A proceeding under this
subdivision is a limited civil case. Copies of the petition shall be
served upon the homeowner, any known registered owner, and any known
person having a lien or security interest of record in the
mobilehome by posting a copy on the mobilehome and mailing copies to
those persons at their last known addresses by registered or
certified mail with a return receipt requested in the United States
mail, postage prepaid.
(d) (1) Hearing on the petition shall be given precedence over
other matters on the court's calendar.
(2) If, at the hearing, the petitioner shows by a preponderance of
the evidence that the criteria for an abandoned mobilehome has been
satisfied and no party establishes an interest therein at the
hearing, the court shall enter a judgment of abandonment, determine
the amount of charges to which the petitioner is entitled, and award
attorney's fees and costs to the petitioner. For purposes of this
subdivision, an interest in the mobilehome shall be established by
evidence of a right to possession of the mobilehome or a security or
ownership interest in the mobilehome.
(3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered, if
no responsive pleading is filed within 15 days after service of the
petition by mail.
(e) (1) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
(2) During this period the management shall post and mail notice
of intent to sell the abandoned mobilehome and its contents under
this section, and announcing the date of sale, in the same manner as
provided for the notice of determination of abandonment under
subdivision (b).
(3) At any time prior to the sale of a mobilehome under this
section, any person having a right to possession of the mobilehome
may recover and remove it from the premises upon payment to the
management of all rent or other charges due, including reasonable
costs of storage and other costs awarded by the court. Upon receipt
of this payment and removal of the mobilehome from the premises
pursuant to this paragraph, the management shall immediately file an
acknowledgment of satisfaction of judgment pursuant to Section
724.030 of the Code of Civil Procedure.
(f) Following the judgment of abandonment, but not less than 10
days following the notice of sale specified in subdivision (e), the
management may conduct a public sale of the abandoned mobilehome and
its contents. The management may bid at the sale and shall have the
right to offset its bids to the extent of the total amount due it
under this section. The proceeds of the sale shall be retained by the
management, but any unclaimed amount thus retained over and above
the amount to which the management is entitled under this section
shall be deemed abandoned property and shall be paid into the
treasury of the county in which the sale took place within 30 days of
the date of the sale. The former homeowner or any other owner may
claim any or all of that unclaimed amount within one year from the
date of payment to the county by making application to the county
treasurer or other official designated by the county. If the county
pays any or all of that unclaimed amount to a claimant, neither the
county nor any officer or employee of the county is liable to any
other claimant as to the amount paid.
(g) Within 30 days of the date of the sale, the management shall
submit to the court an accounting of the moneys received from the
sale and the disposition of the money and the items contained in the
inventory submitted to the court pursuant to subdivision (e).
(h) The management shall provide the purchaser at the sale with a
copy of the judgment of abandonment and evidence of the sale, as
shall be specified by the State Department of Housing and Community
Development or the Department of Motor Vehicles, which shall register
title in the abandoned mobilehome to the purchaser upon presentation
thereof. The sale shall pass title to the purchaser free of any
prior interest, including any security interest or lien, except the
lien provided for in Section 18116.1 of the Health and Safety Code,
in the abandoned mobilehome.