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Renting a Park- or Resident-Owned Mobilehome: New Defense in UDs

Renting a park- or resident-owned mobilehome in a mobilehome park now comes with a "new" defense. In two recent San Diego eviction cases, one case for a park owner and one case for a mobilehome owner, the tenant who was renting the mobilehome asserted a "new" defense.

The defense presented in the unlawful detainer action was that the tenant, who did not own the mobilehome, was entitled to protection under the Mobilehome Residency Law. Specifically, the tenant in each case argued that they were a "resident" in the park under Civil Code §798.11. This code section defines a resident as a homeowner or other person who lawfully occupies a mobilehome. The generally understanding of the categories of persons falling under the second phrase is that it relates to persons such as immediate family members who reside in the Park but are not on the rental agreement/lease. Fortunately, Article 6, Termination of Tenancy, is clear that these provisions apply to the homeowner. Civil Code §798.55(a).

The mobilehome owner in both cases successfully evicted the tenant of the mobilehome with the assistance of The Loftin Firm, P.C.

It is important for both mobilehome park owners and mobilehome owners who rent their mobilehomes to a third party tenant to have the agreement in writing and to include a specific provision which clearly states the Mobilehome Residency Law, Civil Code §§798 et seq. does not apply to them.

L. Sue Loftin is the Managing Shareholder at The Loftin Firm. For questions relating to this blog post or any other California real estate, land use, corporate, or estate planning matter, contact Ms. Loftin at (760) 814-9649. 

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