Listed below are typical expenses for California site-built home owners vs. mobile home owners along with the reasons for losing a home. Obviously there is something wrong with this comparison?
Can you see the imbalance in the above comparison? This imbalance, and injustice, is due to California's Mobilehome Residency Law (MRL), Civil Code §798, which is being egregiously exploited by a small group of corporations like Kort & Scott Financial Group and Sierra Corporate Management.
Concerned mobile home owners and residents in California, along with supporting advocacy groups, are working diligently to create balance, and are pursuing a proposed solution...
Mobile home owners who rent the space their mobile home is on fall under similar laws to those of apartment dwellers. If you are late with rent one time, predatory corporations like Kort & Scott Financial Group, and management companies like Sierra Corporate Management, can serve you a 3 day written notice along with a 60 day termination of tenancy, referred to as a 3/60. In most instances, this leads to the loss of your mobile home.
Mobile home owners in parks owned by corporations like Kort & Scott Financial Group, and managed by companies like Sierra Corporate Management, can lose their mobile home for disputing an overcharge in utilities or, just not being able to pay them in full for that month.
Utility Charges are included on the "Statement" along with Base Rent and any other additional charges such as Services Charges (e.g. $20 per month for reading meters) and Pass Throughs (e.g. park taxes).
Mobile home owners in parks owned by corporations like Kort & Scott Financial Group, and managed by companies like Sierra Corporate Management, can lose their mobile home for disputing a "Reasonable Incidental Service Charge."
Reasonable Incidental Service Charges are included on the "Statement" along with Base Rent, and Utility Charges, and Service Charges, and Pass Throughs, and...
From the 2016 California Mobilehome Residency Law, Article 6, Termination of Tenancy.
Nonpayment of rent, utility charges, or reasonable incidental service charges;
§798.55(b)(1) –
The management may not terminate or refuse to renew a tenancy, except for a reason specified in this article and upon the giving of written notice to the homeowner, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to sell or remove, at the homeowner’s election, the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, as defined in Section 18005.8 of the Health and Safety Code, each junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner. The copy may be sent by regular mail or by certified or registered mail with return receipt requested, at the option of the management.
§798.55(b)(2) –
The homeowner shall pay past due rent and utilities upon the sale of a mobilehome pursuant to paragraph (1).
§798.55(c) –
If the homeowner has not paid the rent due within three days after notice to the homeowner, and if the first notice was not sent by certified or registered mail with return receipt requested, a copy of the notice shall again be sent to the legal owner, each junior lienholder, and the registered owner, if other than the homeowner, by certified or registered mail with return receipt requested within 10 days after notice to the homeowner. Copies of the notice shall be addressed to the legal owner, each junior lienholder, and the registered owner at their addresses, as set forth in the registration card specified in Section 18091.5 of the Health and Safety Code.
California Civil Code §798.55
A tenancy shall be terminated by the management only for one or more of the following reasons:
Showing Only 1 of 7 Authorized Reasons – §798.56(e)(1)
§798.56(e)(1) –
Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the [insert number] three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56(e)(5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.
§798.56(e)(5) –
If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges. In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in paragraph (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
California Civil Code §798.56