Question:

“My lease agreement says that we get a 30-day notice of rent increase. But after some research, I learned that the law requires a 90-day notice instead. Can my park make rules that override state law?”

-Alex M. (52), resident, Sacramento, CA

Answer:

No, mobile home park rules cannot overrule state law. 

Your park’s rules and regulations, including the terms and conditions specified in your lease agreement, must be consistent with the current laws stipulated by your state government. 

You are correct that California Civil Code Sec. 798.30 provides that any rent increase requires a 90-day notice. Therefore, your park’s claim that residents are only entitled to a 30-day notice is incorrect and in direct violation of the law. 

Document these inconsistencies and gather any evidence or supporting materials that demonstrate the discrepancies. You should then reach out to park management and respectfully discuss the specific instances where the park’s rules contradict state law for clarification.

If your communication with park management does not lead to a satisfactory resolution, consider consulting an attorney who specializes in mobile home park or landlord-tenant law. If necessary, you can report the issue to the state housing authority or other appropriate local city or county agencies.

You might also consider joining or forming a residents’ association within the mobile home park with those who share your concerns. Together, you can work towards resolving the inconsistencies and advocating for adherence to state law.

Overview:

  • State law always supersedes park rules.
  • Park rules and procedures must adhere to current state law.

 

Source: California Mobilehome Residency Law 2023