A mobile home is a type of residential structure that can be moved by a motor vehicle, usually a large trailer truck. It differs from a standard single family residence in that it does not have a permanent foundation. Also known as a house trailer, trailer, or trailer home, a mobile home is fabricated in a factory on permanently attached chassis and then transported to a site chosen by its owner.
A legal consultation in California with a California lawyer would help a person understand mobile home park laws and regulations in that state.
People live in them just as they do in other residential dwellings as permanent homes, or as holiday or temporary dwellings. A mobile home may stay in one location permanently, or it may be moved, possibly because the owner of a mobile home park requires its removal to another location.
Travel trailers are not considered mobile homes because they are not made for living year round on a full-time basis. However, people do this. Most Americans have seen mobile homes, especially in mobile home parks, but people can place them on any kind of property, e.g., a parcel of land, as long as such a placement would violate local zoning laws.
Unfortunately, a mobile home is not always safe in certain weather conditions because it lacks a foundation and its wall structures are weaker than the walls of a standard residential dwelling. Strong winds are notoriously harmful to mobile homes and they often do not perform well in tornadoes, hurricanes and other weather events that involve strong winds.
Are Mobile Homes Regulated in California?
California has manufactured housing regulations. These regulations apply to the manufacture and modification of manufactured homes, including mobile homes. They set minimum design and construction standards for both multifamily manufactured homes and mobile homes built before June 15, 1976. These regulations supersede any local regulations of manufactured housing.
Manufactured homes constructed on or after June 15, 1967, are regulated by federal laws and rules. The alteration of the following in California are subject exclusively to regulation by the federal Department of Housing and Urban Development (HUD).
- Multifamily manufactured homes
- Mobile homes built on or before June 15, 1976
- Commercial modulars and special purpose commercial modulars.
Federal regulations apply to the review of plans and inspections of these units throughout California, regardless of their location. Federal laws establish construction standards for manufactured homes that have been or are produced on or after June 15, 1976.
In addition, local zoning ordinances apply to the mobile home parks also. They impose controls on park owners and management and mobile home owners who live in parks as well. Zoning regulations can have a big effect on how mobile home parks can operate and the uses that mobile home owners can make of their units.
What Is a Mobile Home Park?
A mobile home park is a parcel of land that is subdivided into separate smaller parcels on which a manufactured mobile home can be located. Each parcel or lot might have a driveway and access to the common utilities that a resident needs, e.g., connection to water, sewer, and electrical utilities.
The owner of a manufactured residence may buy or lease a parcel in a mobile home park on which to locate their mobile home. Some mobile home parks may offer amenities, such as recreational facilities or community clubhouses and the like.
As defined in California law, a mobile home park is a property that has at least 2 mobile homes, manufactured homes, recreational vehicles, and/or lots that are leased to owners of mobile homes or recreational vehicles.
Mobile home parks that are subject to the jurisdiction of the California State Department of Housing and Community Development (HCD) also include any subdivision, cooperative, condominium, homeowner’s association, or other types of resident-ownership properties in which people live in mobile homes.
If the resident-owned property initially began as a mobile home park in which parcels were rented to mobile home owners and then later changed its use, the property would still be recognized as a mobile home park regulated by the California HCD.
In addition, all residential lease agreements contain an unstated guarantee that a rental residence is safe and “fit for human habitation.” This is the implied warranty of habitability. Both parties to leases for mobile home parks should be aware of the implied warranty of habitability.
Federal, state and local governments have all enacted laws and regulations that apply to mobile home park laws and regulations.
What Are Mobile Home Park Owners’ Responsibilities in California?
Courts enforce California’s Mobilehome Residency Law (MRL). So a mobile home park owner or a mobile home owner who rents property in a mobile home park essentially enforce the laws themselves. They do this when they file a lawsuit in a court of law that involves the MRL.
However, any mobile home or manufactured owner who rents a piece of real estate in a mobile home park may submit a complaint against a park owner to the HCD for an alleged violation of the MRL. The HCD says that it will offer its assistance in resolving the worst of violations of the MRL that a mobile home owner claims. Complaint forms are available online.
If a mobile home park owner wants to evict a mobile home owner because they did not pay their rent or otherwise failed to obey reasonable park rules, the park owner must use an unlawful detainer, or eviction, procedure in a court.
A mobile home owner who rents the land on which their home is located wants to enforce some requirement of the MRL against a park owner, they must bring a legal action in court.
Some of the requirements of the MRL are as follows:
- A rental agreement must be in writing.
- A rental agreement must contain the following provisions:
- The term of the lease
- The rent
- The rules and regulations of the park
- The text of the relevant chapter of the MLR either as an exhibit to the rental agreement or incorporated into it by reference.
- A rental agreement must contain language stating that the owner or management must provide common facilities and then keep any physical improvements in common facilities working and in good repair.
- If improvements suddenly break down or deteriorate, the owner or management must repair them within a reasonable period of time after they know (or should have known) about the breakdown. A reasonable period of time is as soon as possible in situations that could affect the health or safety of the residents.
The MLR requires the owner or management of a mobile home park to do one of the following every year before February 1:
- If a significant change has been made to a relevant chapter of the MLR by legislative action in the prior year:
- Give all homeowners a copy of the chapter.
- Give all homeowners written notice that there has been a change to the chapter and that they may obtain a copy of it from management free of charge.
Management must provide a copy within a reasonable time, but not more than 7 days after the request is made.
The MLR is complicated and detailed in its provisions regarding what the owner or management of a mobile home park must do, and it would be beneficial for them to consult with a California lawyer about landlord-tenant law and other laws in that state.
What Rights Does a Mobile Home Park Landlord Have in California?
As noted above, a mobile home park landlord has the right to evict a mobile home owner, because they do not pay rent as required by their lease. A mobile home park landlord may also evict a mobile home owner, because they have violated other reasonable park rules. In evicting a tenant mobile home owner, they must follow all applicable state and local laws regarding evictions.
What Are My Rights as a California Mobile Home Owner?
In addition to the rights noted above, a mobile home owner must be given at least 90 days’ notice in writing if the park owner plans on increasing the rent.
Neither a rental agreement nor a sales agreement for a plot of land in a mobile home park may include any provision allowing the purchaser or a homeowner to waive any of their rights under the MRL.
A mobile home owner who rents a parcel in a mobile home park may submit a complaint for an alleged violation of the MRL to the HCD, and the HCD should attempt to help them resolve a complaint of a significant violation of the MRL.
Again, complaint forms are available online. But a mobile home owner may also file a lawsuit against a mobile home park owner in a court of law if they have grounds for a lawsuit. They should consult a lawyer about which course of action would be best.
What if a Landlord Commits a Legal Violation in Relation to a Tenant?
As noted above, a mobile home or manufactured home owner who rents a parcel in a mobile home park may submit a complaint to the HCD against a mobile home park owner for an alleged violation of the MRL. The HCD helps to resolve the most significant alleged violations of the MRL. Complaint forms are available online.
Again, a mobile home owner or manufactured home owner may also file a lawsuit in a court of law if they have grounds for a civil cause of action that is recognized by California law.
Should I Hire a Lawyer for Help With My Mobile Home?
If you own a mobile home park or rent land in one for your mobile home and have a dispute concerning your situation, you want to talk to a California landlord tenant lawyer. California law regulating mobile home parks is technical and complicated. Your lawyer can review the facts of your citation and advise you how best to get a resolution to your dispute.
