SECTIONS 800.70-800.75 - California Statutes

CIVIL CODE

SECTION 800.70-800.75

800.70. (a) The Legislature finds and declares that, because of the
high cost of moving floating homes, the potential for damage
resulting therefrom, the requirements relating to the installation of
floating homes, and current government policy limiting the
availability of floating home berths, it is necessary that the owners
of floating homes within floating home marinas be provided with the
unique protection from actual or constructive eviction afforded by
the provisions of this chapter.
(b) The management shall 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 remove the floating
home from the floating home marina 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 floating home, if other than the homeowner,
by United States mail within 10 days after notice to the homeowner,
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.

800.71. 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 floating homes
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 floating home
marina premises, which constitutes a substantial annoyance to other
homeowners or residents.
(c) Failure of the homeowner or resident to comply with a
reasonable rule or regulation of the floating home marina as set
forth in the rental agreement or any amendment thereto. The
management may not impose unreasonable restrictions on the right of
the homeowner to sublet his or her floating home.
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.
(d) (1) Nonpayment of rent, utility charges, or reasonable
incidental service charges; if 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.
The three-day written notice shall be given to the homeowner in the
manner prescribed by Section 1162 of the Code of Civil Procedure. The
notice may be given at the same time as the 60 days' notice required
for termination of the tenancy.
Payment by the homeowner prior to the expiration of the three-day
notice period shall cure a default under this subdivision.
(2) However, 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, no written three-day
notice shall be required for a subsequent nonpayment of rent, utility
charges, or reasonable incidental service charges.
(3) Payment by the legal owner, any junior lienholder, or the
registered owner, 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 800.70,
shall cure a default under this subdivision with respect to that
payment.
(4) The homeowner shall remain liable for all payments due up
until the time the tenancy is vacated.
(5) 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.
(e) Condemnation of the floating home marina.
(f) Change of use of the floating home marina or any portion
thereof, provided:
(1) The management gives the homeowners at least 60 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 floating home marina.
(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 this section and Section 800.72 shall be followed if the proposed
change actually occurs.
(5) 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.

800.72. 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
constitutes compliance with this section.

800.73. No tenancy shall be terminated for the purpose of making a
homeowner's berth available for a person who purchases a floating
home from the owner of the floating home marina or his or her agent.

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

800.75. 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 in those sections.