Resident Rights when leasing a MHP Unit
For residents who do not own the mobilehome they are living in, what rights do they have in the case of an eviction?
The MRL eviction protections and procedures only apply to homeowners who own their own homes and rent their spaces, not to tenants who rent mobilehomes owned by the park, park management, or other persons. Certain sections of the MRL do apply specifically to both homeowners and “residents” (Civil Code §798.11). However, the MRL’s “just cause” eviction provisions (Civil Code §798.56) do not apply to residents who rent mobilehomes owned by others. They would be subject to the requirements of conventional landlord-tenant law (Civil Code §1940 et seq.). In such a case for these tenants, where there is a notice of eviction without any reason, tenants living in the rental home for less than a year generally would be entitled to a 30-day notice of termination; those living there for a year or more, are entitled to a 60-day notice if eviction is without cause. (Exceptions to the 60-day requirement are in Civil Code §1946.1.)
Recap:
● Tenants who live in the mobilehome which they own are covered under the provisions of the MRL.
● Tenants living in rental mobilehomes are subject to eviction protections and procedures in landlord-tenant law, not the MRL.
● Tenants in rental homes for less than a year generally are entitled to a 30-day notice of termination if there is no cause for termination. 2021 MRL FAQs 74
● Tenants in rental homes for a year or more generally are entitled to a 60-day notice of termination if there isno cause for termination.