Question:
“I received a letter and invoice from my mobile home park manager stating that I needed to pay a monthly maintenance fee – described by him as a “pass-thru” fee for costs associated with the monthly maintenance of park grounds, playgrounds, roads, etc”, “Is that correct?”
– Michael Gustafson, 34, mobile home park resident, Indio, CA
Answer:
Yes, that is correct if the resident’s signed lease or rental agreement provides for assessments or fees for maintenance, among other services. If not mentioned in the lease, a new fee would have to be for a service actually rendered, such as trash pick-up, and would require a 60-day advance written notice. (Civil Code §798.32(a)) If the resident signs a new lease or rental agreement that includes these fees, they are agreeing to pay the fees. CA State law does not require a notice requirement for an increase in an already existing fee. Local jurisdictions with mobile home park rent control ordinances may regulate fees or pass-through costs which parks charge their residents. Some ordinances, for example, distinguish capital improvements from maintenance, allowing a pass-through fee of certain capital improvements (not including maintenance) amortized over a period of time.
Overview:
- State law does not regulate the amount of a rent increase. It is a local control issue.
- A 90-day advance written notice of rent increase is required.
- If a resident is on a long-term lease, check the language in the lease for frequency (not less than every 90 days) and percentage of increases.
