MHP Tenancy and Caregiver Tenancy

Can the manager evict a homeowner's caregiver after homeowner has died?

It depends upon the circumstances. Generally, a caregiver – including a caregiver-relative – does not have the right to continue to live in the park even if he or she has inherited the mobilehome. The caregiver statute (Civil Code §798.34) recognizes that a senior homeowner has the right to have a caregiver, even someone who is 18 or older in a senior park, to assist them with medical needs under a doctor’s treatment plan, but the caregiver resident has no right of residency (Civil Code 798.34(c), (d)) and is considered a guest of the homeowner. Therefore, when the homeowner dies, the caregiver’s right to continue to live in the park normally ends. If, however, the caregiver was a party to the homeowner’s rental agreement, or had otherwise been accepted for co-residency by the park while the homeowner was alive, the park could not evict the caregiver after the homeowner’s death except for the same kind of reason they could have evicted the homeowner, such as failure to pay the rent. In either case, whether or not the caregiver has a right of residency in the park, if the caregiver inherits the home, he or she would have the right to resell it in place if they continue to pay the rent and fees and comply with other requirements of resale until the home is sold. (Civ. 798.78)

Recap:

● If the caregiver, or caregiver-heir is not listed on the rental or lease agreement, then they cannot assume they have inherited residency rights.

● The heir is responsible for rents and fees until the home is sold.