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Sierra Corporate Management A Kort & Scott Company

  1. K&S
  2. SCM
  3. Leases
  4. Forbearance

SCM Forbearance Agreement – Do Not Sign

DO NOT SIGN a Kort & Scott Financial Group (KSFG) dba Sierra Corporate Management (SCM) Forbearance Agreement until you have sought professional and/or legal advice. Signing an SCM Forbearance Agreement waives your homeowner’s rights and releases KSFG/SCM from any and all past, present, and/or future liabilities, claims, disputes, controversies, suits, actions, causes of action, loss, debt, damages or injuries (collectively referred to as “claims”), matured or contingent, liquidated or unliquidated, known and unknown, suspected or unsuspected, which TENANT may have against PARK.

SCM Forbearance Agreement

This Agreement is entered into by and between [Mobile Home Park Name] and its owners and management (hereinafter ("PARK") and Tenant [First Middle Last] and [First Middle Last] (hereinafter "TENANT"), owner of the mobilehome occupying [Street Address], [City] [State] [Zip] ("the Premises").

  1. The purpose of this Agreement is to memorialize the terms of the agreements reached between the parties concerning termination of TENANT tenancy in PARK.
  2. It is hereby acknowledged that, prior to the date of execution of this Agreement, TENANT tenancy in PARK was terminated pursuant to the Combined 3 Day Notice to Pay or Quit, 3 Day Notice to Perform Covenants or Quit, 60 Day Notice to Terminate Possession served upon TENANT, on [Month] [Date], [Year] pursuant to Civil Code §798.56(e)(1).
  3. As a result of this Agreement, PARK agrees to forbear from exercising its legal rights pursuant to the Combined 3 Day Notice to Pay or Quit, 3 Day Notice to Perform Covenants or Quit, 60 Day Notice to Terminate Possession and Civil Code §798.56(e)(5) and covenants not to institute suit for unlawful detainer during the term of this Agreement, provided TENANT comply with the following terms and conditions:
    1. TENANT shall on or before [Time] on [Month] [Date], [Year], execute and return this Agreement to the PARK.
    2. TENANT acknowledges that they are delinquent in the monthly space rent, utilities and other charges in the amount of [Amount].
    3. TENANT agrees and understands that they shall be required to pay reinstatement fees and late fees that have been incurred in the settlement of this matter. The reinstatement fee will be [Amount], payable in the amount of [Amount] per month together with a late fee [Amount] per month payable until the balance is paid in full. These fees will be paid in addition to the rent, utilities and other charges set forth in Paragraph B above.
    4. TENANT shall, on or before [Time] on [Month] [Date], [Year], pay to the PARK the sum of [Amount Description] [Amount] for outstanding rent, utilities and other charges which have accrued since [Month] [Date], [Year], together with a [Amount] reinstatement fee, leaving a balance due of [Amount Description] [Amount]. Said Payment shall be made in certified funds by way of cashier's check or money order.
    5. TENANT shall, on or before the [Integer] day of each month, beginning on [Month] [Date], [Year], timely tender additional payments to PARK in the amounts set forth on the below payment plan schedule until the remaining delinquent balance is paid in full.
      Pay # Pay Due Beg Bal Late Fee Re Fee Pay Amt End Bal
      1 MM/DD/YYYY $2,000.00 $100.00 $50.00 $500.00 $1,650.00
      2 MM/DD/YYYY $1,650.00 $100.00 $50.00 $500.00 $1,300.00
      3 MM/DD/YYYY $1,300.00 $100.00 $50.00 $500.00 $950.00
      4 MM/DD/YYYY $950.00 $100.00 $50.00 $500.00 $600.00
      5 MM/DD/YYYY $600.00 $100.00 $50.00 $500.00 $250.00
      6 MM/DD/YYYY $250.00 $100.00 $50.00 $400.00 $0.00
      Total: $2,900.00
    6. TENANTS shall, on each consecutive month thereafter, commencing [Month] [Date], [Year], timely tender payment to PARK for the rent, utilities and other charges for use and occupancy of the Premises as they accrue each month, pursuant to the terms of TENANTS' rental agreement with PARK.
    7. TENANTS agree and understand that commencing [Month] [Date], [Year] the required payments, as specified in the preceding paragraph, are due on the first (1st) day of each month. Payment shall be deemed untimely if TENANTS tender payment after [Time] on the sixth (6th) day of the month, postdate any required payment, tender only a partial payment or attempt payment by way of a check which is nonnegotiable due to insufficient funds, stop payment or the closure of TENANTS' bank account.
    8. TENANT agrees and understands that timely payment of the monthly rental charges shall be required for a period of twelve (12) consecutive months from the date of the Agreement. In addition, TENANT shall comply with all rules and regulations of the PARK and with all terms and conditions of the lease agreement with PARK, including but not limited to:
      1. Maintenance Item 1.
      2. Maintenance Item 2.
      3. Maintenance Item 3.
      4. Maintenance Item 4.
      5. Maintenance Item 5.
      6. Maintenance Item 6.

      All items listed above must be completed no later than [Month] [Date], [Year].

      Along with maintaining the Premises in neat and clean condition, abiding by guest and parking/vehicle rules and regulations, and acting in a fashion which is quiet, safe, orderly, and not cause of complaint from others in the park. Failure to comply with this term and condition of settlement shall be deemed a material breach of this Agreement, and shall constitute sufficient cause for PARK to dissolve the stay.

    9. TENANT shall comply with all rules and regulations of the PARK and with all terms and conditions of the rental agreement with PARK. This includes, but is not limited to, maintaining the Premises in neat and clean condition, abiding by guest and parking/vehicle rules and regulations, and acting in a fashion which is quiet, safe, orderly, and not cause of complaint from others in the park. Failure to comply with this term and condition of settlement shall be deemed a material breach of this Agreement, and shall constitute sufficient cause for PARK to dissolve the stay. TENANT shall comply with all rules and regulations of the PARK and with all terms and conditions of the rental agreement with PARK. This includes, but is not limited to, maintaining the Premises in neat and clean condition, abiding by guest and parking/vehicle rules and regulations, and acting in a fashion which is quiet, safe, orderly, and not cause of complaint from others in the park. Failure to comply with this term and condition of settlement shall be deemed a material breach of this Agreement, and shall constitute sufficient cause for PARK to dissolve the stay.
  4. If TENANT fails to comply with any term or condition of this Agreement, the stay of the termination of tenancy proceedings will be lifted. It is expressly agreed and understood that in such event, PARK may exercise its legal rights pursuant to the Sixty (60) Day Notice to Terminate Possession and Civil Code §798.56(e)(1), and may further proceed with its legal remedies, to regain possession of the Premises, including the assertion of a warehouse lien against the mobilehome occupying the Premises. However, PARK may at its sole discretion, elect to serve a Notice of Breach to demand a cure of any default by Defendant. In such event, all remaining sums due to PARK under this Agreement shall become immediately due and payable, and may be included in any Notice of Breach prepared and served by PARK. TENANT shall be required to pay the entire sum demanded in the Notice of Breach in order to cure any default or breach of TENANT obligations under this Agreement.
  5. This Agreement does not affect the validity of the Sixty (60) Day eviction notice served by PARK during the term of TENANT tenancy or affect PARK's right to rely on said notice in the event of breach or default by TENANT. Any payments received by PARK pursuant to this Agreement do not cancel the underlying notice or constitute a waiver of any rights of PARK pursuant to said notice. Alternatively, in the event of any default of TENANT under this Agreement, PARK may, at its sole discretion, elect to serve TENANT with any and all statutory notices authorized under the Mobilehome Residency Law, including, but not limited to, Three (3) Day Notices to pay and/or perform covenants or quit, Sixty (60) Day Notices to terminate possession, and/or Seven (7) Day Notices to demand compliance with rules and regulations. It is agreed and understood that the service of any such statutory notices upon TENANT shall not waive PARK's right to institute suit for unlawful detainer at a later date as a result of any default of TENANT under this Agreement.
  6. TENANTS shall on or before [Month] [Date], [Year] deliver documentary evidence to PARK Resident Park Manager at PARK's Park Office, that all titling fees, registration fees, and/or property taxes for TENANTS' mobilehome have been paid and are current. If any titling fees, registration fees, and/or property taxes are owing at the time of execution of this Agreement, TENANTS shall pay said fees and/or taxes to corresponding governmental agency(ies), and shall deliver documentary evidence to PARK's Resident Park Manager at PARK's Park Office, on or before [Month] [Date], [Year] that said fees and/or taxes have been paid.
  7. TENANTS agree and understand that the mobilehome shall remain on the premises during the term of this Agreement. If TENANTS elect to sell the mobilehome during said period, the purchase and sale documents must provide that the mobilehome must remain in place for the balance of the term obligation, in substantial effect providing that the mobilehome may not be removed by the purchaser, without the written consent of Plaintiff, until expiration of the balance of the term of this Agreement.
  8. In the event that a suit is brought to enforce any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover their attorney's fees, expenses, and the costs of suit actually incurred.
  9. If TENANT fully complies with the terms and conditions set forth in this Agreement for a period of twelve (12) consecutive months from the date of this Agreement, TENANT tenancy in PARK shall be fully reinstated.
  10. PARK agrees to entering into this agreement with TENANT, in exchange, TENANT agrees to the following:
    1. TENANT grants the PARK a right of first refusal to purchase TENANT's mobilehome for the price the home was purchased for by the TENANT noted herein or the offer given at time of sale, WHICHEVER IS LESS. If TENANT receives a bonafide offer to purchase the mobilehome, a copy of the offer (including all terms and conditions whether written or oral) shall be submitted to PARK, who shall have five (5) business days to meet and agree to its terms. TENANT shall inform the third party offeror of this Agreement when its offer is made. The PARK may agree to buy the mobilehome on the offeror's terms by sending (or delivering) written notice within such five (5) days period.
    2. If the PARK does not send notice of acceptance, TENANT is free to sell the mobilehome to offeror. But in such case: if there are any modifications or changes to the contract with offeror; if offeror fails to buy the mobilehome; or, if title is not transferred, then TENANT will repeat the foregoing procedure to give the PARK the right to meet the agreement as modified or changed, as well as the terms of all subsequent offers.

    10.1. Neutral and Fair Dispute Resolution: To resolve disputes fairly, quickly and inexpensively between homeowner and lessor, all qualified disputes will be arbitrated pursuant to the FAA*, not state law, before an impartial arbiter jointly selected by lessor and homeowner from a list provided by an alternate dispute resolution organization such as the AAA** within 10 days after one side gives written notice of a qualified dispute. If more than one alternate dispute organization is proposed, the closest and least expensive shall apply. The arbiter shall have no less than twenty-five (25) years experience as an attorney or be a retired judge. A "qualified" dispute is a dispute which relates to or touches on subleasing, park maintenance, repair, renovation, operation, utilities, business practices, lessor's legal compliance, closure, housing discrimination, personal or bodily injury, property damage, rent adjustments, rent levels or fees, and any terms or provisions of tenancy, arbitrability of the proffered dispute, and, where the amount claimed exceeds small claims court jurisdiction. Excluded disputes include unlawful detainer, forcible detainer, foreclosure, and suits seeking injunctive relief. The arbiter will decide all aspects of the dispute, including arbitrability/enforceability of this clause. AAA** Commercial Rules will apply, and are available at www.adr.org (choose "rules and procedures," choose "rules," scroll down to "commercial arbitration rules and mediation procedures..."). A copy is also on file in the office and will be provided on request when notified of a dispute. No joinder of claims, consolidation of actions, or class actions allowed. Arbiter shall apportion advance costs between the parties equitably. An award shall be made within 120 days of selection of the arbiter. Costs to be awarded to the prevailing party; no attorney's fees to either side. Discovery permitted as allowed by the arbiter for good cause and by arbiter's rules, under applicable federal rules. Arbiter may award specific performance, damages and punitive damages as per federal law.

    [* "FAA" refers to the "Federal Arbitration Act." ** "AAA" refers to the "American Arbitration Association"]

    10.2. Release of Liability:

    1. Release of Core Tenancy Functions are those duties of the lessor which pertain to habitability and residency of the leased premises, including available area on the leased premises for installation of a mobilehome, delivery of services to the leased premises as defined in the rental agreement, and the covenant of quiet enjoyment. Lessor is not liable for and is hereby released from any accident, injury, damage, loss, expense or other liability, of any kind, to the person or property of Lessee and other occupants of invitees of homeowner or other persons caused: (i) by any use of or presence on the leased premises; (ii) by any defect in the services or improvements provided to the leased premises; or (iii) arising from any other cause, inclusive of all core tenancy duties. Further, lessor shall not be liable for any accident, injury or damage to, or loss of, personal property (furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water, rain storms, smoke, explosions, or other causes whatsoever. Excepted from the releases in this ¶ “a” is any accident, injury, damage, loss, expense or other liability proximately resulting from lessor’s negligence or willful misconduct in respect to a core tenancy function. This paragraph is intended to be a full and complete release of liability to the fullest extent allowed by California law.
    2. Non-Core Tenancy Functions are those duties of the lessor which pertain to the maintenance and operation of common area and recreational services, facilities, amenities and improvements. Included are all recreational facilities and areas, walking paths, roads, streets, and surfaces; common area buildings, equipment, appliances and furnishings ("non-essential facilities"). Lessor is not liable and is hereby released from any accident, injury, damage, loss, expense or other liability, of any kind, to the person or property of Lessee and other occupants or invitees of Lessee or· other persons, caused or occurring in or by "non-essential facilities," whether resulting from maintenance, operation, defects, disrepair or gross negligence. The release in ¶ “b” means that Lessee and all other occupants and invitees shall proceed at their peril with respect to all non-essential facilities.
    3. Indemnification: Homeowner shall indemnify and hold lessor harmless from and against any and all claims for any accident; injury, damage, loss, expense or other liability, of any kind, to the person or property of homeowner and other occupants or invitees of homeowner or other persons caused by, or arising from, use of, or presence upon or about, the leased premises or non-essential facilities, caused by any of the following: use or occupancy of the leased premises or non-essential facilities, any pet kept by homeowner, any invitee or guest, any activity, work, repairs, whether permitted or suffered by homeowner upon or about the leased premises, or any acts and omissions of homeowner or other occupants and invitees. Homeowner therefore agrees to indemnify and hold lessor harmless from all injury, damage, loss, expense or other liability, of any kind, suffered by homeowner or other occupants or invitees, while in the Park. Excepted from this indemnification duty are acts and omissions of lessor for which exculpation is not legally permitted by public policy restrictions of California law in respect to core tenancy functions. This paragraph is intended to be a full and complete indemnification of Lessor to the fullest extent allowed by California law.
    4. Interpretation: This section entitled "Release of Liability'' shall be construed to the fullest extent of the law in accordance with Lewis Operating Corporation v. Superior Court of Riverside County, 200 Cal.App.4th 940, 132 Cal.Rptr.3d 849 (2011).
    5. Parties in Good Standing: Each of the parties, lessor and homeowner, are in good standing as of the date of the execution of this agreement. This representation is acknowledged as a true and correct recital. Homeowner acknowledges and agrees to release all claims for injury, damage, loss or expense to homeowner and other occupants (whether known or unknown, foreseen or unforeseen) that they have or may have or had against lessor and all agents, employees and representatives.

    6. Unknown Claims: Homeowner understands and acknowledges that the significance and consequences of this waiver of Civil Code §1542 is that even if homeowner should eventually suffer additional damage arising out of any existing condition or act or omission, whether negligent or deliberate or any inaction of those released above, those injuries or damages would be waived by their signature(s) on this agreement. Furthermore, homeowner acknowledges that this release includes claims for damages not known to exist, and which, if known, would affect the decision to execute this release.

      Please note: ¶ 10.1. of this agreement includes a binding arbitration clause for fast and efficient resolution of certain disputes.

  11. GENERAL RELEASE OF CLAIMS: As additional consideration of this Agreement, and by reason of the expected full and faithful performance of the term and promises of this Agreement, TENANT additionally hereby agrees to fully and forever release and discharge PARK, including all owners, managers, management company, and each of their employees, agents and representatives, from all liability, claims, disputes, controversies, suits, actions, causes of action, loss, debt, damages or injuries (collectively referred to as "claims"), matured or contingent, liquidated or unliquidated, known and unknown, suspected or unsuspected, which TENANT may have against PARK. This waiver also specifically includes, but is not limited to any and all claims pertaining to TENANT tenancy application, lease agreement, tenancy in PARK, the instant action, and/or any other claims allegedly suffered by TENANT as a result of any alleged actions of PARK and its agent, employees; onsite managers, offsite management companies, and representatives, and all tenancy related claims.

    This release also includes a waiver of the Civil Code §1542 which states:

    “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  12. It is specifically agreed and understood that this Agreement may be circulated for execution via facsimile, and that any signature of a party transmitted via facsimile shall have the same force and effect as an original signature of that party. This agreement may be executed in counterparts, all of which shall be considered to be the agreement. The terms of this Agreement are contractual and not mere recitals. Each party hereto agrees to execute such further papers or documents as shall be necessary and proper in order to fulfill the terms and conditions of this Agreement.
  13. This Agreement shall be governed by the laws of the State of California.
  14. Each of the parties to this Agreement warrants that they have carefully read and understood the conditions of this Agreement and that they have not relied upon the representations of or the advice of any other party or any other attorney not their own. This Agreement and the terms and conditions thereof were determined in arms-length negotiation by, between, and among the parties to this Agreement. It shall therefore be construed against no one. The parties acknowledge that each has been advised of the right to seek legal advice concerning this Agreement and have had the opportunity to do so.

WHEREFORE, the parties executing this Agreement hereby express their consent, and approval hereof. The foregoing Agreement has been read, understood, and is agreed to by the parties signing below.

TENANT:

Dated: ____________________ Signature: ___________________________________

Dated: ____________________ Signature: ___________________________________

PARK:

Dated: ____________________ Signature: ___________________________________

SCM Forbearance Agreement Letter to Residents

[MOBILE HOME PARK NAME]

RENT REMINDER / LATE RENT PROCESS

[Month] [Day], [Year]

ALL RESIDENTS

[Mobile Home Park Name]

RE: Late Rent Process / 3-Day Notices / Forbearance

Dear Resident,

If you have already paid [Month] rent please disregard this letter.

However, be advised, if you plan to submit your rent payment late please make sure to include your late fee with your payment. RENT IS DUE NO LATER THAN [Month] [Day] at 8:00 AM.

[Month] [Day], [Year] we will be serving 3-Day Notices to all residents who have not paid. If rent is not received with late fee within the allotted 3-Day period your lease will be considered breached and you will be charged a $250 forbearance fee including the need to sign a forbearance agreement to reinstate your leasehold.

It is imperative that if you are having financial trouble and plan to pay your rent any later than [Month] [Day], [Year] at 8:00 AM that you contact me immediately. You may contact me at [Email Address] or leave a clear voicemail on the office phone at [Telephone] as I will be checking messages.

Thank you in advance for your cooperation in this matter and we are working to find a replacement manager for the park ASAP.

Sincerely,
[First Last]
Regional Manager

Legal Definitions

Define: Forbearance

The action of refraining from exercising a legal right, especially enforcing the payment of a debt.

Historically, forbearance in a mortgage context, by a lender, has been granted for home owners in temporary or short-term financial difficulty.

Define: Forbearance Agreement

When a commercial loan borrower defaults, the lender will often work with the borrower to get caught up on their payments or sometimes even modify the loan. However, there is a price tag, it is called the Forbearance Agreement. As a condition of not declaring a full default and foreclosing or filing a lawsuit, the lender requires the borrower to sign a Forbearance Agreement. Typically, the borrower waives all prior and current claims against the lender, agrees to some additional responsibilities, and pays a forbearance fee.

Define: SCM Forbearance

An agreement by SCM to forbear from exercising its legal rights pursuant to the Combined 3 Day Notice to Pay or Quit, 3 Day Notice to Perform Covenants or Quit, 60 Day Notice to Terminate Possession and Civil Code §798.56(e)(5) and covenants not to institute suit for unlawful detainer during the term of the Forbearance, provided TENANT comply with the terms and conditions stated herein.

Define: Tenant

A tenant is an adult who has signed a lease or rental agreement (or has an oral rental agreement) with a landlord to rent property, such as an apartment, condo, or house. The tenant has a legal relationship with the landlord that creates various responsibilities for both parties. Under most state laws, tenants have specified rights if the landlord fails to meet responsibilities to provide habitable rental housing, return security deposits, respect tenant’s privacy, and comply with other legal requirements.
Nolo.com

Special rules in the Mobilehome Residency Law or the Recreational Vehicle Park Occupancy Law cover most landlord-tenant relationships in mobilehome parks and recreational vehicle parks.
California Mobilehome Residency Law

Define: Cotenants

The term cotenants refers to two or more tenants who rent the same property under the lease or rental agreement. Cotenants share the same legal rights and responsibilities for the rent and other terms of the lease or rental agreement. In addition, each cotenant is legally responsible for complying with the terms of the agreement, including being obligated to pay the entire rent if others fail to pay their share (the legal name for this is “jointly and severally liable”).
Nolo.com

Define: Homeowner

Homeowner is a person who has a tenancy in a mobilehome park under a rental agreement.
California MRL §798.9

Define: Resident

Resident is a homeowner or other person who lawfully occupies a mobilehome.
California MRL §798.11

Define: Tenancy

Tenancy is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park.
California MRL §798.12

Owning a home in a mobilehome park incorporates the dual role of “homeowner” (the owner of the home) and park resident or tenant (also called a “homeowner” in the Mobilehome Residency Law). As a homeowner under the Mobilehome Residency Law, you will be responsible for paying the amount necessary to rent the space for your home, in addition to other fees and charges. You must also follow certain rules and regulations to reside in the park.
California MRL §798.74.5

Define: Extortion

A criminal offense of obtaining money, property, or services from a person, entity, individual or institution, through coercion. Extortion does not require a threat of a criminal act, such as violence, merely a threat used to elicit actions, money, or property from the object of the extortion.

Define: Coercion

Compulsion; force; duress. It may be either actual, (direct or positive) where physical force is put upon a person to compel them to do an act against their will, or implied, (legal or constructive) where the relation of the parties is such that one is under subjection to the other, and is thereby constrained to do what their free will would refuse.

Define: Compulsion

Compulsion refers to the forcible inducement to an act. It also means the act of compelling; the state of being compelled; an uncontrollable inclination to do something; duress. Compulsion can take forms other than physical force. The courts have been indisposed to admit it as a defense for any crime committed through yielding to it. It can best be considered under the heads of obedience to orders, martial coercion, duress per minas, and necessity.

Define: Compel

Compel means to constrain, oblige and/or coerce someone, in some way, to yield or to do what one wishes e.g. to compel a recalcitrant debtor to pay.

Define: Duress

Duress exists where a person is coerced by the wrongful conduct or threat of another to enter into a contract under circumstances that deprive the individual of his or her volition.

Define: Volition

Volition or will is the cognitive process by which an individual decides on and commits to a particular course of action. It is defined as purposive striving and is one of the primary human psychological functions.

Define: Moral Turpitude

A phrase used in criminal law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals. Turpitude means a corrupt, depraved, degenerate act or practice that shocks the public conscience.

13th Amendment

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
United States Constitution

MRL Civil Code References

Article 6 – Termination of Tenancy

From the California Mobilehome Residency Law, Article 6, Termination of Tenancy. Section 798.56(e)(1) is one of the largest contributing factors to the loss of mobile homes to a Kort & Scott Financial Group named business entity. Click/tap the linked items below to expand/collapse the California Civil Codes being referenced in the aforementioned Forbearance Agreement.

§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

MRL PDF Downloads

  1. 2024 California Mobilehome Residency Law
    File Type: PDF, Pages: 145, Size: 3.3 MB
  2. 2012 Ley de Residencia de Casas Móviles
    Tipo de Archivo: PDF, Páginas: 103, El Tamaño: 716 KB
  3. 2019 Las Preguntas Más Frecuentes
    Tipo de Archivo: PDF, Páginas: 26, El Tamaño: 1.1 MB

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HCD Laws and Regulations

Laws (California Health and Safety Code)

Regulations (Title 25)

1. Leases 2. Sample 3. Incentives 4. Unconscionable 5. Forbearance 6. Addendums