Question:
“I’m concerned that my park may refuse to offer me a new rental agreement after my lease ends. Can they do that?”
– Alfonso H. (56), resident, Bakersfield, CA
Answer:
It will depend on whether you are considered a homeowner or a tenant.
If you are a homeowner, meaning that you own your mobile home and only pay for the lot rent, then no, the park is not allowed to terminate your residency by withholding a new lease agreement.
Homeowners normally rent under a month-to-month, 12-month, or long-term lease agreement. When the term of their rental agreement ends, park management must then offer a new lease agreement at the request of the homeowner.
Homeowners cannot be evicted simply because their lease has expired, but rather for significant violations of park rules and regulations, such as withholding rent. (Civil Code §798.56)
In contrast, if a resident is a tenant, meaning that they rent a mobile home structure from the park, then their continued tenancy is subject to the terms of their agreement with the landlord. Therefore, in some cases, a tenant can be denied continued residency by the park once their lease expires.
Whether you are a homeowner or a tenant, it is important to personally review and understand the terms of your own lease agreement, especially in regard to renewal policies and practices.
Overview:
- If the resident is a homeowner, then the park must offer them a new rental agreement.
- If the resident is a tenant and not a homeowner, then the park may withhold a new rental agreement.
Greetings,
My park has a rule that cats must be indoors at all times. There are 3-5 cats roaming my neighborhood daily. I was written up for my cat pooping in a neighbor’s flowers who lives behind me. When I spoke to our manager about all of the other cats who freely roam daily her response was that the other cats had not been reported. My neighbor allows his cat to roam freely, even out all night, does not use a litter box, and has not been reported, nor written up. What?!! No animal can spend a majority of their time outdoors and not be pooping in someone’s yard. I clean up cat poo in my flower beds all the time. It’s a part of life living in town. They need fresh air and sunshine too!
Our manager finally agreed that I can let my cat out minimally, once in awhile. What are the parameters? I couldn’t get a concrete answer. Legally where do I and my cat stand? I don’t want to be written up again! Three strikes and we’re out!
Thank you,
Patricia
Hi Patricia,
Thank you for your question. The issue seems to be that your park is enforcing its pet policies inconsistently between residents.
If the rule prohibiting pets from being outdoors is clearly stated in the terms of your contract, then the park is within its right to issue citations when this rule is violated. That being said, park management is required to apply rules evenly to everyone residing in the park.
It seems that your manager has made a partial exception for your cat, allowing minimal outdoor time. However, without clear parameters defined, it can be difficult to know what is acceptable. Therefore, it would be best to have a follow-up discussion with your manager. You should ask for specific guidelines or restrictions to ensure you are following the rules correctly. By doing so, you can reduce the risk of being written up again. You should also document and further discuss the inconsistency in how this rule is enforced, such as with your neighbors cats.
You may want to consider reaching out to your neighbors to discuss the issue as well. Though some of your neighbors may have an unspoken agreement allowing each other’s pets to be outdoors, others may not share the same understanding. By opening up a clear line of communication with the rest of your community, you may raise a better case for your park to amend or further define its policies regarding pets.
For actual legal advice or definitive clarification of your rights and obligations as a pet owner in the park, you should consult with a legal professional who is familiar with the laws and regulations in your area.
Thank you! Wonderful advice and much appreciated.