Question:
“The park manager at the park I live in told me that the park owner has the legal right to “pass-through” to park residents any expense required to operate a property that is not part of the base rent, including things like Cable TV, water, sewer, electric, road maintenance, and property taxes?”
“Is that correct? “Can a mobile home park owner pass on the cost of paying her property taxes to the residents?
– Laurie S, 47, mobile home park resident, Roseville, 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.
Source: 2022 California Mobilehome Resid
Can a mobile home park start charging property taxes all the sudden on top of lot rent i own the mobile home
Hi Shari,
Typically, mobile home owners pay for park property taxes, either through their rent or sometimes as separate pass-through fees. These taxes correspond to the lot space on which your home situated, and are separate from your own property taxes as a homeowner. If there any discrepancies between rent statements, be sure to review your lease agreement to see specifically how your park incorporates these taxes into your regular lot rent.
you might want to check the definition of Real Property vs Personal Property. Property tax can be charged on property that is considered Real Property but a mobile home is not permanently attached to the land it is considered personal property and the tax paid is a registration much like a car registration that is the tax you pay.
Hi Joy,
Thank you for your comment. You’re right that mobile homes can be considered personal property if they are not permanently affixed to the land. In those cases, the property taxes assessed on the mobile home would be personal property taxes, and in those cases the park owner usually cannot pass those taxes onto the residents. Our focus with this article was on pass-through fees for operational costs, including real property taxes on lot space, utilities, and maintenance associated with affixed homes. However we appreciate the clarification.
Can the manager of trailer park,increase rent every two months by 30 $ just because? Without notice? And why are we being charged for gas multiplier if we only use propane?
Hey Stephanie,
A park manager cannot legally raise the rent every two months without proper written notice. Most states require 30 to 90 days’ notice before a rent increase. Furthermore, rent adjustments typically happen just once per year unless otherwise stated in the lease.
Regarding the gas multiplier, you’re right that if your household only uses propane, you shouldn’t be charged for gas delivery or multiplier fees meant for a shared utility system. You’re entitled to request a itemized billing breakdown and explanation from your park’s management to show exactly what the charges cover.
In conclusion, if management doesn’t respond or the charges still seem invalid, you can file a complaint with your state’s consumer protection office or Department of Housing. They take these complaints seriously and can handle and mediate disputes between residents and management.