BILL NUMBER: AB 587 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chau
FEBRUARY 24, 2015
An act to amend Section 798.15 of the Civil Code, relating to
mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 587, as introduced, Chau. Mobilehome park residencies: rental
agreements.
The Mobilehome Residency Law governs the terms and conditions of
residency in mobilehome parks and prescribes the content of a rental
agreement for a tenancy. The law requires that a copy of the
Mobilehome Residency Law be provided as an exhibit and incorporated
into the rental agreement by reference.
This bill would make technical, nonsubstantive changes in these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.15 of the Civil Code is amended to read:
798.15. The rental agreement shall be in writing and shall
contain, in addition to the provisions otherwise required by law to
be included, all of the following:
(a) The term of the tenancy and the rent therefor.
(b) The rules and regulations of the park.
(c) A copy of the text of this chapter shall be provided as an
exhibit and shall be incorporated into the rental agreement by
reference. Management shall do one of the following prior to February
1 of each year, if a significant change was made in this chapter by
legislation enacted in the prior year:
(1) Provide all homeowners with a copy of this chapter.
(2) Provide written notice to all homeowners that there has been a
change to this chapter and that they may obtain one copy of this
chapter from management at no charge. Management shall provide a copy
within a reasonable time, not to exceed seven days, upon request.
(d) A provision specifying that (1) it
that:
(1) It is the responsibility of
the management to provide and maintain physical improvements in the
common facilities in good working order and condition and
(2) with condition.
(2) With respect to a sudden or
unforeseeable breakdown or deterioration of these improvements, the
management shall have a reasonable period of time to repair the
sudden or unforeseeable breakdown or deterioration and bring the
improvements into good working order and condition after management
knows or should have known of the breakdown or deterioration. For
purposes of this subdivision paragraph
, a reasonable period of time to repair a sudden or unforeseeable
breakdown or deterioration shall be as soon as possible in situations
affecting a health or safety condition, and shall not exceed 30 days
in any other case except where exigent circumstances justify a
delay.
(e) A description of the physical improvements to be provided the
homeowner during his or her tenancy.
(f) A provision listing those services which will be provided at
the time the rental agreement is executed and will continue to be
offered for the term of tenancy and the fees, if any, to be charged
for those services.
(g) A provision stating that management may charge a reasonable
fee for services relating to the maintenance of the land and premises
upon which a mobilehome is situated in the event the homeowner fails
to maintain the land or premises in accordance with the rules and
regulations of the park after written notification to the homeowner
and the failure of the homeowner to comply within 14 days. The
written notice shall state the specific condition to be corrected and
an estimate of the charges to be imposed by management if the
services are performed by management or its agent.
(h) All other provisions governing the tenancy.
(i) A copy of the following notice. Management shall also, prior
to February 1 of each year, provide a copy of the following notice to
all homeowners:
IMPORTANT NOTICE TO ALL MANUFACTURED
HOME/MOBILEHOME OWNERS: CALIFORNIA LAW REQUIRES
THAT YOU BE MADE AWARE OF THE FOLLOWING:
The Mobilehome Residency Law (MRL), found in
Section 798 et seq. of the Civil Code,
establishes the rights and responsibilities of
homeowners and park management. The MRL is deemed
a part of the terms of any park rental
agreement or lease. This notice is intended to
provide you with a general awareness of selected
parts of the MRL. It does not serve as a legal
explanation or interpretation. For authoritative
information, you must read and understand the
laws. These laws change from time to time. In any
year in which the law has changed, you may obtain
one copy of the full text of the law from
management at no charge. This notice is required
by Civil Code Section 798.15(i) and the
information provided may not be current.
Homeowners and park management have certain
rights and responsibilities under the MRL. These
include, but are not limited to:
Management must give a homeowner written
1. notice of any increase in his or her rent at
least 90 days before the date of the
increase. (Civil Code Section 798.30)
No rental or sales agreement may contain a
provision by which a purchaser or a
2. homeowner waives any of his or her rights
under the MRL. (Civil Code Sections 798.19,
798.77)
Management may not terminate or refuse to
renew a homeowner's tenancy except for one
3. or more of the authorized reasons set forth
in the MRL. (Civil Code Sections 798.55,
798.56)
A homeowner must give written notice to the
4. management of not less than 60 days before
vacating his or her tenancy. (Civil Code
Section 798.59)
Homeowners, residents, and their guests must
comply with the rental agreement or lease,
including the reasonable rules and
regulations of the park and all
5. applicable local ordinances and state laws
and regulations relating to mobilehomes.
Failure to comply could be grounds for
eviction from the park. (Civil Code Section
798.56)
Homeowners must pay rent, utility charges,
and reasonable incidental service charges in
6. a timely manner. Failure to comply could be
grounds for eviction from the park. (Civil
Code Section 798.56)
Homeowners have a right to peacefully
assemble and freely communicate with respect
to mobilehome living and for social or
educational purposes. Homeowners have a
right to meet in the park, at reasonable
hours and in a reasonable manner, for any
lawful purpose. Homeowners may not be
charged a cleaning deposit in order to use
7. the park clubhouse for meetings of resident
organizations or for other lawful purposes,
such as to hear from political candidates,
so long as a homeowner of the park is
hosting the meeting and all park residents
are allowed to attend. Homeowners may not be
required to obtain liability insurance in
order to use common facilities unless
alcohol is served. (Civil Code Sections
798.50, 798.51)
If a home complies with certain standards,
the homeowner is entitled to sell it in
place in the park. Management may require
certain upgrades. Management may not require
a homeowner to sell his or her home to the
park, may not charge a transfer or selling
8. fee, and may not require a homeowner to use
a broker or dealer approved by the park. A
homeowner has a right to advertise his or
her home for sale. Management may deny
approval of a buyer, but only for certain
reasons listed in the law. (Civil Code
Sections 798.70-798.74)
Management has the right to enter the space
upon which a mobilehome is situated
for maintenance of utilities, trees, and
driveways; for inspection and maintenance of
the space in accordance with the rules and
regulations of the park when the homeowner
9. or resident fails to maintain the space; and
for protection and maintenance of the
mobilehome park at any reasonable time, but
not in a manner or at a time that would
interfere with the resident's quiet
enjoyment of his or her home. (Civil Code
Section 798.26)
A homeowner may not make any improvements or
alterations to his or her space or home
without following the rules and regulations
of the park and all applicable local
ordinances and state laws and regulations,
10. which may include obtaining a permit to
construct, and, if required by park rules or
the rental agreement, without prior written
approval of management. Failure to comply
could be grounds for eviction from the park.
(Civil Code Section 798.56)