Mobile Home Law
California law with respect to mobile homes is found primarily in the Mobilehome Residency Law. (The MRL uses the term "mobilehome" as one word throughout.) The MLR is a very comprehensive set of statutes. It was written in an attempt to remedy certain abuses, largely by owners of mobilehome parks. It creates a statewide set of rules which are so comprehensive that in many ways they override the rental agreement between the park and the tenant.
The MRL is so complicated that it is at times difficult for attorneys and lay person alike to understand it. Because of the complexity, tenants frequently decide to accede to demands of park owners which are in violation of the law. Some find it too expensive to hire an attorney to protect their rights. Lawyers who are unfamiliar with the MLR. certainly can learn what it's about and advise clients accordingly. However, many lawyers don't practice in that area of the law, or don't practice enough of it to be able to recognize and deal with issues as they present themselves.
Things are different for the mobilehome park owners. They virtually always are sufficiently well funded to hire law firms which specialize in mobilehome law. Because of the high level of expertise of lawyers who represent parks, it is not unusual for such lawyers to strongly adopt positions which are not actually well-founded in law. Such an approach can intimidate the tenant, and also sometimes can intimidate the tenant's lawyer. Sometimes tenants are reluctant to fight the park because generally speaking, the losing party in mobilehome litigation becomes liable for the prevailing party's attorney's fees.
I have had experience dealing with mobilehome park issues, including litigating against mobilehome parks. Each case is unique, of course. A frequent battle is that of the park's attempting to create a vacancy in the space. Under certain conditions, this can result in the park's having the freedom to enter into a new rental agreement at an increased price. Correspondingly, it eliminates the right of the tenant to sell the mobilehome for a price which includes a premium because of the difference between the prevailing market rents and the rent amount which the tenant is currently paying.
Whatever problems you may have concerning a mobilehome or a mobilehome park, I invite you to contact me. I do not charge for an initial consultation. Frequently the initial consultation can be done on the phone. Most of my work involves situations in Santa Barbara, Ventura, or San Luis Obispo counties.
Dennis J. Shea
903 State Street, Suite 208
Santa Barbara, CA 93101
Telephone: 805-284-9703
Fax: 866-786-0933
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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