Question:
“What rights do I have if I receive an eviction notice?”
– Ben G. (37), mobile home resident, Terra Linda, CA
Answer:
This can be tricky.
First and foremost, individual rights and protections against eviction can vary between states and localities, which further demonstrates the importance of reviewing the mobile home residency laws pertaining to your local jurisdiction.
In California for example, eviction rights and protections depend significantly upon whether the resident is considered a homeowner or a tenant.
Most eviction protections and provisions described in California Mobilehome Residency Law (MRL) only apply to homeowners or residents who legally own the mobile home structures situated in the park. Conversely, park tenants, or residents who actively rent the mobile home properties themselves (from the park or from another owner), often lack the eviction protections which homeowners possess.
For instance, the MRL’s “just cause” provision (Civil Code §798.56), which asserts that homeowners can only be evicted for specific reasons listed in state code or park policy, does not apply to tenants renting their mobile homes from the park or from outside parties. Instead, these issues will be subject to the terms and conditions of conventional landlord-tenant law. (Civil Code §1940 et seq.)
With that said, in the event that a tenant receives a notice of eviction without any provided reason, the tenant is generally entitled to either a 30-day or 60-day notice of termination, depending on the duration of the tenant’s residency.
Furthermore, parks are generally incentivized to provide residents with at least a basic understanding of their reasoning for issuing an eviction notice, regardless of their homeownership status, to prevent disputes from escalating any further. Should you be concerned about your good standing as a resident, consider contacting park management directly, so that you may discuss the issue in a civil and reasonable manner.
Overview:
- Tenants often lack some of the eviction protections that homeowners possess.
- Tenants may be exempt from the MRL’s “just cause” provisions.
- Parks are generally encouraged to provide all residents with the basis of their eviction.
