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Unlawful occupant? (California mobile home residence)

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  • Unlawful occupant? (California mobile home residence)

    Purchased my mobile home on December 15th. My lease is dated and signed for December 15th. I received a notice that I was in violation of Ca civil code 798.75 (unlawful occupant) after being in the house since December 15th on February 8th. Since December the park manager has not provided me with a bill for the space rent. What is the recourse here? I can financially afford rent but unlike every other resident they have not provided me with my bill in my box when I have asked them for it.

    Also I found out that per California mobile home residence law at them attempting me to pay back rent due to a managers error or mistake is not legal.

    I have till Wednesday before this 5 day notice is up. What should I do?

  • #2
    re: Unlawful occupant? (California mobile home residence)

    Whether you purchased the mobile home or not is irrelevant if you did obtain approval and sign a lease with the trailer park. They have the right to evict you.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: Unlawful occupant? (California mobile home residence)

      The lease is required to have a copy of the Mobile Home Residency Law attached to it [MRL 798(c),]. This should explain your rights and responsibilities under the Act. Some sections of the Act contain more eviction protection than the average tenant has, as well as provisions for attorneys fees 799.78 and 799.79.

      If management erred in not billing you as a hold over tenant, and you are able to pay, my recommendation is that you see counsel of a real estate attorney familiar with the Act [there have been changes to it each of the past 3 years] and be prepared to pay up or defend.

      Comment


      • #4
        re: Unlawful occupant? (California mobile home residence)

        So the notice that says I am a unlawful occupant here without their permission and the fact I have a lease signed by the park manager saying I am allowed to be here means nothing?

        Comment


        • #5
          re: Unlawful occupant? (California mobile home residence)

          Take that lease to a real estate attorney and have him or her examine it. You did not state December 15 of which YEAR. If it is 2013, then of course it should still be in effect.

          I referred you to the Mobile Home Residency Law which requires strict compliance by mobile home park operators -- and attorneys fees for the tenant should they not abide by it. For starters, the law requires a copy of the Act be attached to each lease. If you do not have it, they did not attach it, there's one violation right there.

          Comment


          • #6
            re: Unlawful occupant? (California mobile home residence)

            Disagreeable, please read my statement. The landlord signed a lease with us. Now she is saying we do not have a legal right to be here. The code on the notice she gave us is for tenants who never signed a lease, which we did. Obviously if we signed a lease she can give us a 3 and 60, what I'm trying to ask is why am I getting a 5 day notice to vacate illegal tenants, when we are here legally. Learn to read. Thanks.

            Comment


            • #7
              re: Unlawful occupant? (California mobile home residence)

              Friend in Court, thank you. It was 2013, and I'm going to be going to both the sheriff and an attorney tomorrow. She did not attach a copy of the mrl. Nor do we have copies of our escrow paperwork, as they never sent them to us. Thank you😀

              Comment


              • #8
                re: Unlawful occupant? (California mobile home residence)

                It appears your problem is you have not paid your lot rent. Learn to pay your bills and you won't have problems like this. Is anyone else in the home? In your lease, it tells you when the rent is due. Since you apparently do not know how to read, I assumed you did not have one and only thought you did.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  re: Unlawful occupant? (California mobile home residence)

                  The real issue here (and one you conveniently skipped over more lightly than you did on the "other" forum) is that you are being evicted because you've never bothered to pay your lot rental since you signed your lease on December 15, 2012.

                  Gail

                  Comment


                  • #10
                    re: Unlawful occupant? (California mobile home residence)

                    Originally posted by Sheltonhome View Post
                    Disagreeable, please read my statement. The landlord signed a lease with us. Now she is saying we do not have a legal right to be here. The code on the notice she gave us is for tenants who never signed a lease, which we did. Obviously if we signed a lease she can give us a 3 and 60, what I'm trying to ask is why am I getting a 5 day notice to vacate illegal tenants, when we are here legally. Learn to read. Thanks.
                    You are correct in that eviction notices and time periods are different for those in Residential Mobile home parks vs other tenants. I am glad you are taking your lease to a real estate attorney for you will get on point, correct advice there.

                    Comment


                    • #11
                      re: Unlawful occupant? (California mobile home residence)

                      And while you are with the Real Estate Attorney, ask them if the claim you made on the other forum about contacting Fair Housing because you claim the park, somehow, should repair the mobile home you now own is a legitimate reason to avoid an eviction for nonpayment of lot rental.

                      Even attorneys need a chuckle now and then.

                      Comment


                      • #12
                        Re: Unlawful occupant? (California mobile home residence)

                        Wait until she finds out they have her over a barrel on reselling her mobile home, after evicting her.
                        Due to a recent promotion, I should now be referred to as Major Obvious.

                        I would not be trying to provide information and knowledge if I did not sympathize.

                        Some days it is just not worth chewing through the restraints to face life.

                        Comment


                        • #13
                          Re: Unlawful occupant? (California mobile home residence)

                          Just got off the phone with my attorney. Thank you Disagreeable and Gail for both being jerks about answering a question. No one needs your kind of help. According to my ATTORNEY, I am in the right. Regardless of the fact that I havent paid rent ( since I was never told an actual amount to pay-- not on my lease), she cannot use this particular civil code to get rid of me. And the claim I made about them repairing the HEALTH AND SAFETY hazards that were listed in my ESCROW paperwork, yeah, I was right on that too. Since they have not held up THEIR contact, I am legally eligible to withdraw from escrow with a full repayment of my deposit. It is ENTIRELY the parks responsibility to fix these issues within the contracted dates, which have expired.

                          So, from now on, maybe only people who know what the heck their talking about should answer legal questions. Not people who get their kicks by being rude, insufferable human beings.

                          Comment


                          • #14
                            Re: Unlawful occupant? (California mobile home residence)

                            1. I suggest you refresh your memory in regards to whom was snarky with whom first.

                            2. So you are claiming you have a written warranty on an old mobile home AND are not required to pay lot rent, because no amount was put on your lease.

                            I wouldn't be paying this supposed attorney in advance honey. Pay only if you prevail on these issues.
                            Due to a recent promotion, I should now be referred to as Major Obvious.

                            I would not be trying to provide information and knowledge if I did not sympathize.

                            Some days it is just not worth chewing through the restraints to face life.

                            Comment


                            • #15
                              Re: Unlawful occupant? (California mobile home residence)

                              You were snarky first. Not me.

                              As for my attorney, unless you are one, which I kinda doubt, maybe you shouldnt be making claims about his competency.

                              The Attorney is right, I'm right, YOU are wrong. Get over it and give your "help" to someone else.

                              Comment

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