Question:

“I recently learned that my park’s Permit to Operate has been invalid. For over a year, actually. Am I expected to pay rent to the park knowing that they technically shouldn’t be operating right now?

– Don W., 56, resident, Truckee, CA

Answer: 

No, your park shouldn’t continue to collect rent from residents if their Permit to Operate is no longer valid. However, you should confirm that first before withholding your rent payments.

If your park’s Permit to Operate (PTO) is officially suspended by the Department of Housing (HCD), then the park cannot legally collect rent from residents until the permit is re-instated. In which case, you are not obligated to pay for rent.

With that said, until the permit has officially been suspended by the HCD–even if the PTO fee hasn’t been paid in a year–residents who withhold rent from the park may be subject to eviction by the management.

In any case, you should know for certain that your park’s Permit to Operate has been invalidated by the state before you consider whether or not to pay your rent.

 

Overview:

  • If the park’s PTO is officially suspended, then the park cannot legally collect rent.
  • A park’s PTO may not necessarily be invalid, even if the PTO fees haven’t been paid to the state for some time.

Source: California Mobilehome Residency Law 2023