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. 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.
Senate Select Committee on Manufactured Home Communities
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This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy Law.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Defaulting occupant” means an occupant who fails to pay for his or her occupancy in a park or who fails to comply with reasonable written rules and regulations of the park given to the occupant upon registration.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Defaulting resident” means a resident who fails to pay for his or her occupancy in a park, fails to comply with reasonable written rules and regulations of the park given to the resident upon registration or during the term of his or her occupancy in the park, or who violates any of the provisions contained in Article 5 (commencing with Section 799.70).
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Defaulting tenant” means a tenant who fails to pay for his or her occupancy in a park or fails to comply with reasonable written rules and regulations of the park given to the person upon registration or during the term of his or her occupancy in the park.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Guest” means a person who is lawfully occupying a recreational vehicle located in a park but who is not an occupant, tenant, or resident. An occupant, tenant, or resident shall be responsible for the actions of his or her guests.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Management” means the owner of a recreational vehicle park or an agent or representative authorized to act on his or her behalf in connection with matters relating to the park.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Occupancy” and “occupy’ refer to the use of a recreational vehicle park lot by an occupant, tenant, or resident.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Occupant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for 30 days or less.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Recreational vehicle” has the same meaning as defined in Section 18010 of the Health and Safety Code.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Recreational vehicle park” or “park” has the same meaning as defined in Section 18862.39 of the Health and Safety Code.
(Amended by Stats. 2004, Ch. 530, Sec. 1. (AB 1964, Leslie) Effective January 1, 2005.)
“Resident” means a tenant who has occupied a lot in a park for nine months or more.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
“Tenant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive days.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
The rights created by this chapter shall be cumulative and in addition to any other legal rights the management of a park may have against a defaulting occupant, tenant, or resident, or that an occupant, tenant, or resident may have against the management of a park.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health and Safety Code or to a manufactured home as defined in Section 18007 of the Health and Safety Code.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
No occupant registration agreement or tenant rental agreement shall contain a provision by which the occupant or tenant waives his or her rights under the provisions of this chapter, and any waiver of these rights shall be deemed contrary to public policy and void.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
The registration agreement between a park and an occupant thereof shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, the term of the occupancy and the rent therefor, the fees, if any, to be charged for services which will be provided by the park, and a statement of the grounds for which a defaulting occupant’s recreational vehicle may be removed as specified in Section 799.22 without a judicial hearing after the service of a 72-hour notice pursuant to this chapter and the telephone number of the local traffic law enforcement agency.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
At the time of registration, an occupant shall be given a copy of the rules and regulations of the park.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
The management may offer a rental agreement to an occupant of the park who intends to remain in the park for a period in excess of 30 consecutive days.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobilehome park, there shall be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified in Sections 799.22 and 1866 and containing the telephone number of the local traffic law enforcement agency. Nothing in this section shall prevent management from additionally displaying the sign in other locations within the park.
(Amended by Stats. 2004, Ch. 530, Sec. 2. (AB 1964, Leslie) Effective January 1, 2005.)
See Civil Code Sections 1866 and 1867 not included in the Recreational Vehicle Park Occupancy Law but affecting recreational vehicle and special occupancy parks.
Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupant’s recreational vehicle removed from the lot which is the subject of the registration agreement between the park and the occupant pursuant to Section 799.57, the management shall serve a 72-hour written notice as prescribed in Section 799.56. A defaulting occupant may correct his or her payment deficiency within the 72-hour period during normal business hours.
(Amended by Stats. 2004, Ch. 530, Sec. 3. (AB 1964, Leslie) Effective January 1, 2005.)
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the management has authority pursuant to Section 799.58 to have the recreational vehicle removed from the lot to the nearest secured storage facility.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the expiration of 72 hours following service of the notice on the defaulting occupant, the police or sheriff, shall remove or cause to be removed any person in the recreational vehicle. The management may then remove or cause the removal of a defaulting occupant’s recreational vehicle parked on the premises of the park to the nearest secured storage facility. The notice shall be void seven days after the date of service of the notice.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
When the management removes or causes the removal of a defaulting occupant’s recreational vehicle, the management and the individual or entity that removes the recreational vehicle shall exercise reasonable and ordinary care in removing the recreational vehicle to the storage area.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
The management may terminate the tenancy of a defaulting tenant for nonpayment of rent, utilities, or reasonable incidental service charges, provided the amount due shall have been unpaid for a period of five days from its due date, and provided the tenant has been given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this section, the five-day period does not include the date the payment is due. The three-day notice shall be given to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure. Any payment of the total charges due, prior to the expiration of the three-day period, shall cure any default of the tenant. In the event the tenant does not pay prior to the expiration of the three-day notice period, the tenant shall remain liable for all payments due up until the time the tenancy is vacated.
Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
The management may terminate or refuse to renew the right of occupancy of a tenant for other than nonpayment of rent or other charges upon the giving of a written notice to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. The notice need not state the cause for termination but shall provide not less than 30 days’ notice of termination of tenancy.
(Amended by Stats. 1994, Ch. 167, Sec. 1. (SB 1349, Wyman) Effective January 1, 1995.)
Evictions pursuant to this article shall be subject to the requirements 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 this article.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the defaulting resident in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. This notice shall provide not less than 60 days’ notice of termination of the right of occupancy and shall specify one of the following reasons for the termination of the right of occupancy:
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
Evictions pursuant to this article shall be subject to the requirements 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 this article.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
The management shall have a lien upon the recreational vehicle and the contents therein for the proper charges due from a defaulting occupant, tenant, or resident. Such a lien shall be identical to that authorized by Section 1861, and shall be enforced as provided by Sections 1861 to 1861.28, inclusive. Disposition of any possessions abandoned by an occupant, tenant, or resident at a park shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
In any action arising out of the provisions of this chapter, the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is the prevailing party in a civil action against the management to enforce his or her rights under this chapter, the occupant, tenant, or resident, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of any provision of this chapter by the management.
(Added by Stats. 1992, Ch. 310, Sec. 2. (AB 3074, Wyman) Effective January 1, 1993.)
RVPOL Data Note: The MHPHOA has made every attempt to ensure the accuracy and reliability of the information provided in this document. However, the information is provided “as is” without warranty of any kind. The MHPHOA does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained in this document. No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard, accuracy or otherwise of the information provided in this document nor to the suitability or otherwise of the information to your particular circumstances. When citing Local, State, and/or Federal Laws, you MUST ALWAYS refer to the official resource for those laws e.g. California Legislative Information.
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