Question:

“If my park proposes a new, long-term lease agreement, do I have to sign it? What are my options?”

– Sara A. (59), resident, Eureka, CA

Answer:

If you’re already a resident of the park, then no, you are not required to sign into a long-term lease.

For prospective residents, the right to opt-out of a long-term lease is somewhat undefined. It may vary between parks and local jurisdictions, but generally a new homebuyer is limited to the leasing terms which a park chooses to offer for residency.

However, current homeowners in the park have the right to reject any proposed long-term leases, within 30 days of receiving it, and may opt for a shorter-term lease agreement instead. For instance, a shorter-term lease may be a one-year or a month-to-month agreement; an existing resident is entitled to either option upon request. (Civil Code §798.17(a)(b))

If a homeowner rejects a long-term lease, then the park cannot raise the rent above the terms stated in the rejected lease for the first year following the rejection date. (Civil Code §§798.17(c), 798.18(b))

Overview:

  • Existing residents have 30 days to accept or reject a long-term lease.
  • Residents are entitled to shorter-term leases upon request.
  • If a lease is rejected, then the rent of the alternate lease cannot exceed that of the rejected lease, for one year.

 

Source: California Mobilehome Residency Law 2023