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CHAPTER 2.5 OF THE CALIFORNIA CIVIL CODE,
2018
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Mobilehome
Residency Law (MRL)
ARTICLE 6 - TERMINATION OF TENANCY
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798.55 LEGISLATIVE
INTENT; TERMINATION FOR CAUSE; 60-DAY NOTICE
(a) The Legislature finds and declares
that, because of the high cost of moving mobilehomes, the potential for
damage resulting therefrom, the requirements relating to the
installation of mobilehomes, and the cost of landscaping or lot
preparation, it is necessary that the owners of mobilehomes occupied
within mobilehome parks be provided with the unique protection from
actual or constructive eviction afforded by the provisions of this
chapter.
(b)
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(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.
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(2) The homeowner shall pay past
due rent and utilities upon the sale of a mobilehome pursuant to
paragraph (1).
(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.
(d) If management obtains a court
judgment against a homeowner or resident, the cost incurred by
management in obtaining a title search for the purpose of complying with
the notice requirements of this section shall be recoverable as a cost
of suit.
(e) The resident of a mobilehome that
remains in the mobilehome park after service of the notice to sell or
remove the mobilehome shall continue to be subject to this chapter and
the rules and regulations of the park, including rules regarding
maintenance of the space.
(f) No lawful act by the management to
enforce this chapter or the rules and regulations of the park may be
deemed or construed to waive or otherwise affect the notice to remove
the mobilehome.
(Amended by Stats. 2005, Chap. 24 (SB
125, Dutton), eff. 1/1/2006)
The following intent language appears
in Section 4 of AB 682 (Chap. 561, Stat. 2003) but not in this code:
“This act is not intended to affect
park management's existing rights and remedies to recover unpaid rent,
utility charges, or Reasonable incidental charges, and may not be
construed to provide for an exclusive remedy.”
798.56 SEVEN
AUTHORIZED REASONS FOR TERMINATION OF TENANCY
A tenancy shall be terminated by the
management only for one or more of the following reasons:
(a) Failure of the homeowner or
resident to comply with a local ordinance or state law or regulation
relating to mobilehomes within a Reasonable time after the homeowner
receives a notice of noncompliance from the appropriate governmental
agency.
(b) Conduct by the homeowner or
resident, upon the park premises, that constitutes a substantial
annoyance to other homeowners or residents.
(c)
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(1) Conviction of the homeowner or
resident for prostitution, for a violation of subdivision (d) of
Section 243, paragraph (2) of subdivision (a), or subdivision (b),
of Section 245, Section 288, or Section 451, of the Penal Code, or a
felony controlled substance offense, if the act resulting in the
conviction was committed anywhere on the premises of the mobilehome
park, including, but not limited to, within the homeowner's
mobilehome.
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(2) However the tenancy may not be
terminated for the reason specified in this subdivision if the
person convicted of the offense has permanently vacated, and does
not subsequently reoccupy, the mobilehome.
(d) Failure of the homeowner or
resident to comply with a Reasonable rule or regulation of the park that
is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or
resident shall constitute a failure to comply with a Reasonable rule or
regulation unless and until the management has given the homeowner
written notice of the alleged rule or regulation violation and the
homeowner or resident has failed to adhere to the rule or regulation
within seven days. However, if a homeowner has been given a written
notice of an alleged violation of the same rule or regulation on three
or more occasions within a 12-month period after the homeowner or
resident has violated that rule or regulation, no written notice shall
be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall
relieve the management from its obligation to demonstrate that a rule or
regulation has in fact been violated.
(e)
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(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.”
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(2) Payment by the homeowner prior
to the expiration of the three-day notice period shall cure a
default under this subdivision. If the homeowner does not pay prior
to the expiration of the three-day notice period, the homeowner
shall remain liable for all payments due up until the time the
tenancy is vacated.
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(3) Payment by the legal owner, as
defined in Section 18005.8 of the Health and Safety Code, any junior
lienholder, as defined in Section 18005.3 of the
Health and Safety Code - HSC, or the registered owner, as defined in Section 18009.5 of the
Health and Safety Code, if other than the homeowner, on behalf of
the homeowner prior to the expiration of 30 calendar days following
the mailing of the notice to the legal owner, each junior lienholder,
and the registered owner provided in subdivision (b) of Section
798.55, shall cure a default under this subdivision with respect to
that payment.
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(4) Cure of a default of rent,
utility charges, or Reasonable incidental service charges by the
legal owner, any junior lienholder, or the registered owner, if
other than the homeowner, as provided by this subdivision, may not
be exercised more than twice during a 12-month period.
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(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.
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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.
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(6) When a copy of the 60 days'
notice described in paragraph (5) is sent to the legal owner, each
junior lienholder, and the registered owner of the mobilehome, if
other than the homeowner, the default may be cured by any of them on
behalf of the homeowner prior to the expiration of 30 calendar days
following the mailing of the notice, if all of the following
conditions exist:
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(A) A copy of a three-day
notice sent pursuant to subdivision (b) of Section 798.55 to a
homeowner for the nonpayment of rent, utility charges, or
Reasonable incidental service charges was not sent to the legal
owner, junior lienholder, or registered owner, of the mobilehome,
if other than the homeowner, during the preceding 12-month
period.
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(B) The legal owner, junior
lienholder, or registered owner of the mobilehome, if other than
the homeowner, has not previously cured a default of the
homeowner during the preceding 12-month period.
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(C) The legal owner, junior
lienholder or registered owner, if other than the homeowner, is
not a financial institution or mobilehome dealer.
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If the default is cured by the
legal owner, junior lienholder, or registered owner within the
30-day period, the notice to remove the mobilehome from the park
described in paragraph (5) shall be rescinded.
(f) Condemnation of the park.
(g) Change of use of the park or any
portion thereof, provided:
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(1) The management gives the
homeowners at least 15 days' written notice that the management will
be appearing before a local governmental board, commission, or body
to request permits for a change of use of the mobilehome park.
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(2) After all required permits
requesting a change of use have been approved by the local
governmental board, commission, or body, the management shall give
the homeowners six months' or more written notice of termination of
tenancy.
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If the change of use requires no
local governmental permits, then notice shall be given 12 months or
more prior to the management's determination that a change of use
will occur. The management in the notice shall disclose and describe
in detail the nature of the change of use.
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(3) The management gives each
proposed homeowner written notice thereof prior to the inception of
his or her tenancy that the management is requesting a change of use
before local governmental bodies or that a change of use request has
been granted.
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(4) The notice requirements for
termination of tenancy set forth in Sections 798.56 and 798.57 shall
be followed if the proposed change actually occurs.
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(5) A notice of a proposed change
of use given prior to January 1, 1980, that conforms to the
requirements in effect at that time shall be valid. The requirements
for a notice of a proposed change of use imposed by this subdivision
shall be governed by the law in effect at the time the notice was
given.
(h) The report required pursuant to
subdivisions (b) and (i) of Section 65863.7 of the Government Code shall
be given to the homeowners or residents at the same time that notice is
required pursuant to subdivision (g) of this section.
(i) For purposes of this section,
“financial institution” means a state or national bank, state or federal
savings and loan association or credit union, or similar organization,
and mobilehome dealer as defined in Section 18002.6 of the Health and
Safety Code or any other organization that, as part of its usual course
of business, originates, owns, or provides loan servicing for loans
secured by a mobilehome.
(Amended by Stats. 2003, Chap. 85 (AB
805, Diaz) and Chap. 388 (AB 767, Nakano), eff. 1/1/2004)
798.56a NOTICE
REQUIREMENT OF LEGAL OWNER/JUNIOR LIENHOLDER
(a) Within 60 days after receipt of, or
no later than 65 days after the mailing of, the notice of termination of
tenancy pursuant to any reason provided in Section 798.56, the legal
owner, if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:
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(1) Its offer to sell the
obligation secured by the mobilehome to the management for the
amount specified in its written offer. In that event, the management
shall have 15 days following receipt of the offer to accept or
reject the offer in writing. If the offer is rejected, the person or
entity that made the offer shall have 10 days in which to exercise
one of the other options contained in this section and shall notify
management in writing of its choice.
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(2) Its intention to foreclose on
its security interest in the mobilehome.
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(3) Its request that management
pursue termination of tenancy against the homeowner and its offer to
reimburse management for the Reasonable attorney's fees and court
costs incurred by the management in that action. If this request and
offer are made, the legal owner, if any, or junior lienholder, if
any, shall reimburse the management the amount of Reasonable
attorney's fees and court costs, as agreed upon by the management
and the legal owner or junior lienholder, incurred by the management
in an action to terminate the homeowner's tenancy, on or before the
earlier of (A) the 60th calendar day following receipt of written
notice from the management of the aggregate amount of those
Reasonable attorney's fees and costs or (B) the date the mobilehome
is resold.
(b) A legal owner, if any, or junior
lienholder, if any, may sell the mobilehome within the park to a third
party and keep the mobilehome on the site within the mobilehome park
until it is resold only if all of the following requirements are met:
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(1) The legal owner, if any, or
junior lienholder, if any, notifies management in writing of the
intention to exercise either option described in paragraph (2) or
(3) of subdivision (a) within 60 days following receipt of, or no
later than 65 days after the mailing of, the notice of termination
of tenancy and satisfies all of the responsibilities and liabilities
of the homeowner owing to the management for the 90 days preceding
the mailing of the notice of termination of tenancy and then
continues to satisfy these responsibilities and liabilities as they
accrue from the date of the mailing of that notice until the date
the mobilehome is resold.
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(2) Within 60 days following
receipt of, or no later than 65 days after the mailing of, the
notice of termination of tenancy, the legal owner or junior
lienholder commences all repairs and necessary corrective actions so
that the mobilehome complies with park rules and regulations in
existence at the time the notice of termination of tenancy was
given as well as the health and safety standards specified in
Sections 18550, 18552, and 18605 of the Health and Safety Code, and
completes these repairs and corrective actions within 90 calendar
days of that notice, or before the date that the mobilehome is sold,
whichever is earlier.
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(3) The legal owner, if any, or
junior lienholder, if any, complies with the requirements of Article
7 (commencing with Section 798.70) as it relates to the transfer of
the mobilehome to a third party.
(c) For purposes of subdivision (b),
the “homeowner's responsibilities and liabilities” means all rents,
utilities, Reasonable maintenance charges of the mobilehome and its
premises, and Reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.
(d) If the homeowner files for
bankruptcy, the periods set forth in this section are tolled until the
mobilehome is released from bankruptcy.
(e)
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(1) Notwithstanding any other
provision of law, including, but not limited to, Section 18099.5 of
the Health and Safety Code, if neither the legal owner nor a junior
lienholder notifies the management of its decision pursuant to
subdivision (a) within the period allowed, or performs as agreed
within 30 days, or if a registered owner of a mobilehome, that is
not encumbered by a lien held by a legal owner or a junior
lienholder, fails to comply with a notice of termination and is
either legally evicted or vacates the premises, the management may
either remove the mobilehome from the premises and place it in
storage or store it on its site. In this case, notwithstanding any
other provision of law, the management shall have a warehouse lien
in accordance with Section 7209 of the Commercial Code against the
mobilehome for the costs of dismantling and moving, if appropriate,
as well as storage, that shall be superior to all other liens,
except the lien provided for in Section 18116.1 of the Health and
Safety Code, and may enforce the lien pursuant to Section 7210 of
the Commercial Code either after the date of judgment in an unlawful
detainer action or after the date the mobilehome is physically
vacated by the resident, whichever occurs earlier. Upon completion
of any sale to enforce the warehouse lien in accordance with Section
7210 of the Commercial Code, the management shall provide the
purchaser at the sale with evidence of the sale, as shall be
specified by the Department of Housing and Community Development,
that shall, upon proper request by the purchaser of the mobilehome,
register title to the mobilehome to this purchaser, whether or not
there existed a legal owner or junior lienholder on this title to
the mobilehome.
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(2)
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(A) Notwithstanding any other
law, if the management of a mobilehome park acquires a
mobilehome after enforcing the warehouse lien and files a notice
of disposal pursuant to subparagraph (B) with the Department of
Housing and Community Development to designate the mobilehome
for disposal, management or any other person enforcing this
warehouse lien shall not be required to pay past or current
vehicle license fees required by Section 18115 of the Health and
Safety Code or obtain a tax clearance certificate, as set forth
in Section 5832 of the Revenue and Taxation Code, provided that
management notifies the county tax collector in the county in
which the mobilehome is located of management's intent to apply
to have the mobilehome designated for disposal after a warehouse
lien sale. The written notice shall be sent to the county tax
collector no less than 30 days after the date of the sale to
enforce the lien against the mobilehome by first class mail,
postage prepaid.
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(B)
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(i) In order to dispose of
a mobilehome after a warehouse lien sale, the management
shall file a notice of disposal with the Department of
Housing and Community Development in the form and manner as
prescribed by the department, no less than 30 days after the
date of sale to enforce the lien against the mobilehome.
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(ii) After filing a notice
of disposal pursuant to clause (i), the management may
dispose of the mobilehome after obtaining the information
required by applicable laws.
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(C)
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(i) Within 30 days of the
date of the disposal of the mobilehome, the management shall
submit to the Department of Housing and Community
Development all of the following information required for
completing the disposal process:
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(I) Photographs
identifying and demonstrating that the mobilehome was
uninhabitable by the removal or destruction of all
appliances and fixtures such as ovens, stoves, bathroom
fixtures, and heating or cooling appliances prior to its
being moved.
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(II) A statement of
facts as to the condition of the mobilehome when moved,
the date it was moved, and the anticipated site of
further dismantling or disposal.
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(III) The name,
address, and license number of the person or entity
removing the mobilehome from the mobilehome park.
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(ii) The information
required pursuant to clause (i) shall be submitted under
penalty of perjury.
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(D) For purposes of this
paragraph, “dispose” or “disposal” shall mean the removal and
destruction of an abandoned mobilehome from a mobilehome park,
thus making it unusable for any purpose and not subject to, or
eligible for, use in the future as a mobilehome.
(f) All written notices required by
this section, except the notice in paragraph (2) of subdivision (e),
shall be sent to the other party by certified or registered mail with
return receipt requested.
(g) Satisfaction, pursuant to this
section, of the homeowner's accrued or accruing responsibilities and
liabilities shall not cure the default of the homeowner.
(Amended by Stats. 2015, Chap. 376 (AB
999, Daly), eff. 1/1/2016)
798.57 STATEMENT OF
REASONS IN NOTICE
The management shall set forth in a
notice of termination, the reason relied upon for the termination with
specific facts to permit determination of the date, place, witnesses,
and circumstances concerning that reason. Neither reference to the
section number or a subdivision thereof, nor a recital of the language
of this article will constitute compliance with this section.
(Enacted by Stats. 1978, Chap. 1031 (SB
2119, Mills), eff. 1/1/1979)
798.58 NO TERMINATION
TO MAKE SPACE FOR PARK OWNER'S BUYER
Tenancy may only be terminated for
reasons contained in Section 798.56, and a tenancy may not be terminated
for the purpose of making a homeowner's site available for a person who
purchased or proposes to purchase, or rents or proposes to rent, a
mobilehome from the owner of the park or the owner's agent.
(Amended by Stats. 2002, Chap. 672 (SB
1410, Chesbro), eff. 1/1/2003)
798.59 60-DAY NOTICE
BY RESIDENT OF TERMINATION
A homeowner shall give written notice
to the management of not less than 60 days before vacating his or her
tenancy. (Amended by Stats. 1982, Chap. 1397 (AB 2429, Cortese), eff.
1/1/1983)
798.60 APPLICATION OF
OTHER UNLAWFUL DETAINER LAWS
The provisions of this article shall
not affect any rights or proceedings set forth in Chapter 4 (commencing
with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure
except as otherwise provided herein.
(Amended by Stats. 1978, Chap. 1033 (SB
2120, Mills), eff. 1/1/1979)
798.61 ABANDONED
MOBILEHOMES - PROCEDURES
(a)
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(1) As used in this section,
“abandoned mobilehome” means a mobilehome about which all of the
following are true:
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(A) It is located in a
mobilehome park on a site for which no rent has been paid to the
management for the preceding 60 days.
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(B) It is unoccupied.
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(C) A Reasonable person would
believe it to be abandoned.
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(D) It is not permanently
affixed to the land.
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(2) As used in this section:
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(A) “Mobilehome” shall include
a trailer coach, as defined in Section 635 of the Vehicle Code,
or a recreational vehicle, as defined in Section 18010 of the
Health and Safety Code, if the trailer coach or recreational
vehicle also satisfies the requirements of paragraph (1),
including being located on any site within a mobilehome park,
even if the site is in a separate designated section pursuant to
Section 18215 of the Health and Safety Code.
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(B) “Abandoned mobilehome”
shall include a mobilehome that is uninhabitable because of its
total or partial destruction which cannot be rehabilitated, if
the mobilehome also satisfies the requirements of paragraph (1).
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(C) “Dispose” or “disposal”
shall mean the removal and destruction of an abandoned
mobilehome from a mobilehome park, thus making it unusable for
any purpose and not subject to, or eligible for, use in the
future as a mobilehome.
(b) After determining a mobilehome in a
mobilehome park to be an abandoned mobilehome, the management shall post
a notice of belief of abandonment on the mobilehome for not less than 30
days, and shall deposit copies of the notice in the United States mail,
postage prepaid, addressed to the homeowner at the last known address
and to any known registered owner, if different from the homeowner, and
to any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
(c)
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(1) Thirty or more days following
posting pursuant to subdivision (b), the management may file a
petition in the superior court in the county in which the mobilehome
park is located, for a judicial declaration of abandonment of the
mobilehome. A proceeding under this subdivision is a limited civil
case. Copies of the petition shall be served upon the homeowner, any
known registered owner, and any known person having a lien or
security interest of record in the mobilehome by posting a copy on
the mobilehome and mailing copies to those persons at their last
known addresses by registered or certified mail with a return
receipt requested in the United States mail, postage prepaid.
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(2) To dispose of an abandoned
mobilehome pursuant to subdivision (f), the management shall also do
all of the following:
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(A) Declare in the petition
that the management will dispose of the abandoned mobilehome,
and therefore will not seek a tax clearance certificate as set
forth in Section 5832 of the Revenue and Taxation Code.
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(B) Declare in the petition
whether the management intends to sell the contents of the
abandoned mobilehome before its disposal.
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(C) Notify the county tax
collector in the county in which the mobilehome park is located
of the declaration that management will dispose of the abandoned
mobilehome by sending a copy of the petition by first class
mail.
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(D) Declare in the petition
that management intends to file a notice of disposal with the
Department of Housing and Community Development and complete the
disposal process consistent with the requirements of subdivision
(f).
(d)
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(1) Hearing on the petition shall
be given precedence over other matters on the court's calendar.
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(2) If, at the hearing, the
petitioner shows by a preponderance of the evidence that the
criteria for an abandoned mobilehome has been satisfied and no party
establishes an interest therein at the hearing and tenders all past
due rent and other charges, the court shall enter a judgment of
abandonment, determine the amount of charges to which the petitioner
is entitled, and award attorney's fees and costs to the petitioner.
For purposes of this subdivision, an interest in the mobilehome
shall be established by evidence of a right to possession of the
mobilehome or a security or ownership interest in the mobilehome.
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(3) A default may be entered by the
court clerk upon request of the petitioner, and a default judgment
shall be thereupon entered, if no responsive pleading is filed
within 15 days after service of the petition by mail.
(e) To sell an abandoned mobilehome,
the management shall do all of the following:
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(1)
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(A) Within 10 days following a
judgment of abandonment, the management shall enter the
abandoned mobilehome and complete an inventory of the contents
and submit the inventory to the court.
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(B) During this period the
management shall post and mail a notice of intent to sell the
abandoned mobilehome and its contents under this section, and
announcing the date of sale, in the same manner as provided for
the notice of determination of abandonment under subdivision
(b). The management shall also provide notice to the county tax
collector in the county in which the mobilehome park is located.
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(C) At any time prior to the
sale of an abandoned mobilehome or its contents under this
section, any person having a right to possession of the
abandoned mobilehome may recover and remove it from the premises
upon payment to the management of all rent or other charges due,
including Reasonable costs of storage and other costs awarded by
the court. Upon receipt of this payment and removal of the
abandoned mobilehome from the premises pursuant to this
paragraph, the management shall immediately file an
acknowledgment of satisfaction of judgment pursuant to Section
724.030 of the Code of Civil Procedure.
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(2) Following the judgment of
abandonment, but not less than 10 days following the notice of sale
specified in paragraph (1), the management may conduct a public sale
of the abandoned mobilehome its contents, or both. The management
may bid at the sale and shall have the right to offset its bids to
the extent of the total amount due it under this section. The
proceeds of the sale shall be retained by the management, but any
unclaimed amount thus retained over and above the amount to which
the management is entitled under this section shall be deemed
abandoned property and shall be paid into the treasury of the county
in which the sale took place within 30 days of the date of the sale.
The former homeowner or any other owner may claim any or all of that
unclaimed amount within one year from the date of payment to the
county by making application to the county treasurer or other
official designated by the county. If the county pays any or all of
that unclaimed amount to a claimant, neither the county nor any
officer or employee of the county is liable to any other claimant as
to the amount paid.
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(3) Within 30 days of the date of
the sale, the management shall submit to the court an accounting of
the moneys received from the sale and the disposition of the money
and the items contained in the inventory submitted to the court
pursuant to paragraph (1).
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(4) The management shall provide
the purchaser at the sale of an abandoned mobilehome with a copy of
the judgment of abandonment and evidence of the sale, as shall be
specified by the Department of Housing and Community Development,
which shall register title in the abandoned mobilehome to the
purchaser upon presentation thereof within 20 days of purchase. The
sale shall pass title to the purchaser free of any prior interest,
including any security interest or lien, except the lien provided
for in Section 18116.1 of the
Health and Safety Code - HSC, in the abandoned mobilehome.
(f) To dispose of an abandoned
mobilehome, the management shall do all of the following:
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(1)
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(A) Within 10 days following a
judgment of abandonment, the management shall enter the
abandoned mobilehome and complete an inventory of the contents
and submit the inventory to the court.
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(B) Within 10 days following a
judgment of abandonment, the management shall post and mail a
notice of intent to dispose of the abandoned mobilehome and its
contents under this section, and announcing the date of
disposal, in the same manner as provided for the notice of
determination of abandonment under subdivision (b). The
management shall also provide notice to the county tax collector
in the county in which the mobilehome park is located.
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(C)
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(i) Within 30 days
following a judgment of abandonment, the management shall
file a notice of disposal with the Department of Housing and
Community Development in the form and manner as prescribed
by the department.
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(ii) Notwithstanding any
other law, when filing a notice of disposal pursuant to
clause (i), the management shall not be required to pay past
or current vehicle license fees required by Section 18115 of
the Health and Safety Code or obtain a tax clearance
certificated as set forth in Section 5832 of the Revenue and
Taxation Code, provided that the management notifies the
county tax collector in the county in which the mobilehome
is located of the management's intent to apply to have the
mobilehome designated for disposal pursuant to this
subdivision. The written notice shall be sent to the county
tax collector no less than 10 days after the date of the
abandonment judgment by first class mail, postage prepaid.
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(D) At any time prior to the
disposal of an abandoned mobilehome or its contents under this
section, any person having a right to possession of the
abandoned mobilehome may recover and remove it from the premises
upon payment to the management of all rent or other charges due,
including Reasonable costs of storage and other costs awarded by
the court. Upon receipt of this payment and removal of the
abandoned mobilehome from the premises pursuant to this
subparagraph, the management shall immediately file an
acknowledgment of satisfaction of judgment pursuant to Section
724.030 of the Code of Civil Procedure and a cancellation of the
notice of disposal with the Department of Housing and Community
Development.
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(2) Following the judgment of
abandonment and approval of the notice of disposal by the Department
of Housing and Community Development, but not less than 10 days
following the notice of disposal specified in paragraph (1) , the
management may dispose of the abandoned mobilehome after obtaining
the information required in subparagraph (A) of paragraph (3).
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(3)
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(A) Within 30 days of the date of
the disposal of an abandoned mobilehome and its contents, the
management shall do both of the following:
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(i) Submit to the court and the
county tax collector in the county in which the mobilehome park
is located a statement that the abandoned mobilehome and its
contents were disposed with supporting documentation.
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(ii)
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(I) Submit to the
Department of Housing and Community Development all of the
following information required for completing the disposal
process:
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(ia) Photographs
identifying and demonstrating that the mobilehome was
uninhabitable by the removal or destruction of all
appliances and fixtures such as ovens, stoves, bathroom
fixtures, and heating or cooling appliances prior to its
being moved.
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(ib) A statement of
facts as to the condition of the mobilehome when moved,
the date it was moved, and the anticipated site of
further dismantling or disposal.
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(ic) The name, address,
and license number of the person or entity removing the
mobilehome from the mobilehome park.
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(II) The information
required pursuant to subclause (I) shall be submitted under
penalty of perjury.
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(B) Within 30 days of the date of
the disposal of an abandoned mobilehome or the date of the sale of
its contents, whichever date is later, the management shall submit
to the court and the county tax collector in the county in which the
mobilehome park is located an accounting of the moneys received from
the sale and the disposition of the money and the items contained in
the inventory submitted to the court pursuant to paragraph (1) and a
statement that the abandoned mobilehome was disposed with supporting
documentation.
(g) Notwithstanding any other law, the
management shall not be required to obtain a tax clearance certificate,
as set forth in Section 5832 of the Revenue and Taxation Code, to
dispose of an abandoned mobilehome and its contents pursuant to
subdivision (f). However, any sale pursuant to this section shall be
subject to the registration requirements of Section 18100.5 of the
Health and Safety Code and the tax clearance certificate requirements of
Section 18092.7 of the Health and Safety Code.
(Amended by Stats. 2015, Chap. 376 (AB
999, Daly), eff. 1/1/2016)
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