California Mobile Home Eviction Process in Nonpayment of Rent/Utilities Cases

This article discusses the process for evicting a mobile home owner from a mobile home park based on failure to pay rent, utilities or other incidental service charges specified by the rental agreement. The procedure is governed by California’s Mobilehome Residency Law (MRL), which applies only to the mobile homeowner’s rental of a specific site on which the mobile home is installed. As to other tenancies in the park that are not mobile homeowners but may be leasing or sub-leasing, normal California eviction rules apply. 

Reasons for Eviction of a Mobile Homeowner

There are only seven reasons to evict a mobile homeowner under the MRL, which are:

• failure to comply with a local ordinance or state law or regulation within a reasonable time after receiving a noncompliance notice from a governmental agency;

• “substantial annoyance” within the park premises to other residents;

• conviction for prostitution or a felony for controlled substance in the park;

• failure to comply with a reasonable park rule included in a rental agreement;

• nonpayment of rent, utility charges or reasonable incidental service charges for a period of five or more days from the due date;

• condemnation of the park; and

• change of use of the park or any portion thereof, meaning that the entire park, “or a functional part of it, is no longer used as a mobilehome park”. (Cal. Civil Code § 798.56)

Notice Requirements

Civil Code Section 798.56 also addresses the notice requirements for a mobile home eviction based on “nonpayment of rent, utility charges or reasonable incidental service charges….”  For these evictions, the homeowner must be given a three-day written notice to pay the amount due or vacate the mobile home after rent is five days late. The three-day written notice must be served on the homeowner in one of the following ways:

(1) By delivering a copy to the mobile homeowner personally.

(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the mobile homeowner at his or her place of residence, or

(3) By affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the mobile homeowner at the residence.  This method is available only where service cannot be effected using options (1) or (2).

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 a 12-month period, no further written three-day notice is required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.  The mobile park owner can immediately begin formal eviction proceedings in court based on the amount(s) owed. 

Mobile home park management is also required to serve a 60 Day Notice to the homeowner to remove the mobile home from the park. A copy of this notice must be sent to the legal owner, each junior lienholder, and the registered owner of the mobile home, if other than the homeowner by certified or registered mail within 10 days after notice is sent to the homeowner.

Successful Prosecution of an Unlawful Detainer Action is Required

Once these notices expire, a park owner must file and successfully prosecute an unlawful detainer lawsuit against the homeowner.

Lynx Legal has significant experience with mobile home park evictions.  Please give us a call if you need to proceed with such an eviction.  We can be reached at 888-441-2355, Ext, 301, or info@lynxlegal.com.  You can also schedule a telephonic consultation on our website.  We are standing by to start your case or answer any questions you may have.