CHAPTER 2.6 OF THE CALIFORNIA CIVIL CODE

The Recreational Vehicle Park Occupancy Law

ARTICLE 1 - DEFINITIONS

799.20 TITLE OF CHAPTER

This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy Law.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.21 APPLICATION OF DEFINITIONS

Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.22 DEFINITION OF DEFAULTING OCCUPANT

“Defaulting occupant” means an occupant who fails to pay for his or her occupancy in a park or who fails to comply with Reasonable written rules and regulations of the park given to the occupant upon registration.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.23 DEFINITION OF DEFAULTING RESIDENT

“Defaulting resident” means a resident who fails to pay for his or her occupancy in a park, fails to comply with Reasonable written rules and regulations of the park given to the resident upon registration or during the term of his or her occupancy in the park, or who violates any of the provisions contained in Article 5 (commencing with Section 799.70).

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.24 DEFINITION OF DEFAULTING TENANT

“Defaulting tenant” means a tenant who fails to pay for his or her occupancy in a park or fails to comply with Reasonable written rules and regulations of the park given to the person upon registration or during the term of his or her occupancy in the park.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.25 DEFINITION OF GUEST

“Guest” means a person who is lawfully occupying a recreational vehicle located in a park but who is not an occupant, tenant, or resident. An occupant, tenant, or resident shall be responsible for the actions of his or her guests.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.26 DEFINITION OF MANAGEMENT

“Management” means the owner of a recreational vehicle park or an agent or representative authorized to act on his or her behalf in connection with matters relating to the park.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.27 DEFINITION OF OCCUPANCY

“Occupancy” and “occupy' refer to the use of a recreational vehicle park lot by an occupant, tenant, or resident.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.28 DEFINITION OF OCCUPANT

“Occupant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for 30 days or less. (Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.29 DEFINITION OF RV

“Recreational vehicle” has the same meaning as defined in Section 18010 of the Health and Safety Code.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.30 DEFINITION OF RV PARK

“Recreational vehicle park” or “park” has the same meaning as defined in Section 18862.39 of the Health and Safety Code. (Amended by Stats. 2004, Chap. 530 (AB 196, (Leslie), eff. 1/1/2005)

799.31 DEFINITION OF RESIDENT

“Resident” means a tenant who has occupied a lot in a park for nine months or more.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.32 DEFINITION OF TENANT

“Tenant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive days.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

ARTICLE 2 - GENERAL PROVISIONS

799.40 CUMULATIVE RIGHTS

The rights created by this chapter shall be cumulative and in addition to any other legal rights the management of a park may have against a defaulting occupant, tenant, or resident, or that an occupant, tenant, or resident may have against the management of a park.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.41 NOT APPLICABLE TO MOBILEHOMES

Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health and Safety Code or to a manufactured home as defined in Section 18007 of the Health and Safety Code.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.42 NO WAIVER OF RIGHTS

No occupant registration agreement or tenant rental agreement shall contain a provision by which the occupant or tenant waives his or her rights under the provisions of this chapter, and any waiver of these rights shall be deemed contrary to public policy and void.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.43 REGISTRATION AGREEMENT

The registration agreement between a park and an occupant thereof shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, the term of the occupancy and the rent therefor, the fees, if any, to be charged for services which will be provided by the park, and a statement of the grounds for which a defaulting occupant's recreational vehicle may be removed as specified in Section 799.22 without a judicial hearing after the service of a 72-hour notice pursuant to this chapter and the telephone number of the local traffic law enforcement agency.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.44 RULES AND REGULATIONS

At the time of registration, an occupant shall be given a copy of the rules and regulations of the park.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.45 RENTAL AGREEMENT OPTIONAL

The management may offer a rental agreement to an occupant of the park who intends to remain in the park for a period in excess of 30 consecutive days.

(Repealed and added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.46 SIGN REQUIREMENT/REASONS FOR RV REMOVAL

At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobilehome park, there shall be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified in Sections 799.22 and 1866 and containing the telephone number of the local traffic law enforcement agency. Nothing in this section shall prevent management from additionally displaying the sign in other locations within the park.

(Amended by Stats. 2004 (AB 1964 (Leslie), eff. 1/1/2005)

See Civil Code Sections 1866 and 1867 not included in the Recreational Vehicle Park Occupancy Law but affecting recreational vehicle and special occupancy parks.

ARTICLE 3 - DEFAULTING OCCUPANTS

799.55 72-HOUR NOTICE

Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupant's recreational vehicle removed from the lot which is the subject of the registration agreement between the park and the occupant pursuant to Section 799.57, the management shall serve a 72-hour written notice as prescribed in Section 799.56. A defaulting occupant may correct his or her payment deficiency within the 72-hour period during normal business hours.

(Amended by Stats. 2004, Chap. 530 (AB 1964, Leslie), eff. 1/1/2005)

799.56 SERVICE OF 72-HOUR NOTICE

(a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant personally or to a person of suitable age and discretion who is occupying the recreational vehicle located on the lot. In the latter event, a copy of the notice shall also be affixed in a conspicuous place on the recreational vehicle and shall be sent through the mail addressed to the occupant at the place where the property is located and, if available, any other address which the occupant has provided to management in the registration agreement. Delivery of the 72-hour notice to a defaulting occupant who is incapable of removing the occupant's recreational vehicle from the park because of a physical incapacity shall not be sufficient to satisfy the requirements of this section.

(b) In the event that the defaulting occupant is incapable of removing the occupant's recreational vehicle from the park because of a physical incapacity or because the recreational vehicle is not motorized and cannot be moved by the occupant's vehicle, the default shall be cured within 72 hours, but the date to quit shall be no less than seven days after service of the notice.

(c) The management shall also serve a copy of the notice to the city police if the park is located in a city, or, if the park is located in an unincorporated area, to the county sheriff.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.57 NOTICE OF RV REMOVAL

The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the management has authority pursuant to Section 799.58 to have the recreational vehicle removed from the lot to the nearest secured storage facility.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.58 RV REMOVAL/NOTICE TO SHERIFF

Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the expiration of 72 hours following service of the notice on the defaulting occupant, the police or sheriff, shall remove or cause to be removed any person in the recreational vehicle. The management may then remove or cause the removal of a defaulting occupant's recreational vehicle parked on the premises of the park to the nearest secured storage facility. The notice shall be void seven days after the date of service of the notice.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.59 REASONABLE CARE IN RV REMOVAL

When the management removes or causes the removal of a defaulting occupant's recreational vehicle, the management and the individual or entity that removes the recreational vehicle shall exercise Reasonable and ordinary care in removing the recreational vehicle to the storage area.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

ARTICLE 4 - DEFAULTING TENANTS

799.65 FIVE DAYS TO PAY DUE RENT/THREE-DAY NOTICE TO VACATE

The management may terminate the tenancy of a defaulting tenant for nonpayment of rent, utilities, or Reasonable incidental service charges, provided the amount due shall have been unpaid for a period of five days from its due date, and provided the tenant has been given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this section, the five-day period does not include the date the payment is due.

The three-day notice shall be given to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure. Any payment of the total charges due, prior to the expiration of the three-day period, shall cure any default of the tenant.

In the event the tenant does not pay prior to the expiration of the three-day notice period, the tenant shall remain liable for all payments due up until the time the tenancy is vacated.

(Added by Stats. 1992 , Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.66 THIRTY DAYS' NOTICE OF TERMINATION

The management may terminate or refuse to renew the right of occupancy of a tenant for other than nonpayment of rent or other charges upon the giving of a written notice to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. The notice need not state the cause for termination but shall provide not less than 30 days' notice of termination of tenancy.

(Amended by Stats. 1994 Chap. 677 (SB 1349, Wyman), eff. 1/1/1995)

799.67 EVICTION PROCEDURES

Evictions pursuant to this article shall be subject to the requirements 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 in this article.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

ARTICLE 5 - DEFAULTING RESIDENTS

799.70 TERMINATION OF TENANCY/NOTICE

The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the defaulting resident in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. This notice shall provide not less than 60 days' notice of termination of the right of occupancy and shall specify one of the following reasons for the termination of the right of occupancy:

(a) Nonpayment of rent, utilities, or Reasonable incidental service charges; provided, that the amount due has been unpaid for a period of five days from its due date, and provided that the resident shall be given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day notice shall be given to the resident in the manner prescribed by Section 1162 of the Code of Civil Procedure. The three-day notice may be given at the same time as the 60-day notice required for termination of the right of occupancy; provided, however, that any payment of the total charges due, prior to the expiration of the three-day period, shall cure any default of the resident. In the event the resident does not pay prior to the expiration of the three-day notice period, the resident shall remain liable for all payments due up until the time the tenancy is vacated.

(b) Failure of the resident to comply with a local ordinance or state law or regulation relating to the recreational vehicle park or recreational vehicles within a Reasonable time after the resident or the management receives a notice of noncompliance from the appropriate governmental agency and the resident has been provided with a copy of that notice.

(c) Conduct by the resident or guest, upon the park premises, which constitutes a substantial annoyance to other occupants, tenants, or residents.

(d) Conviction of the resident of prostitution, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the park, including, but not limited to, within the resident 's recreational vehicle.

However, the right of occupancy 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 recreational vehicle.

(e) Failure of the resident or a guest to comply with a rule or regulation of the park which is part of the rental agreement or any amendment thereto.

No act or omission of the resident or guest shall constitute a failure to comply with a rule or regulation unless the resident has been notified in writing of the violation and has failed to correct the violation within seven days of the issuance of the written notification.

(f) Condemnation of the park.

(g) Change of use of the park or any portion thereof.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.71 EVICTION PROCEDURES

(Added by AB 3074, Ch. 310 (1992), eff. 1/1/1993)

ARTICLE 6 - LIENS FOR RV'S AND ABANDONED POSSESSIONS

799.75 UPON DEFAULT/CIVIL CODE PROCEDURE

The management shall have a lien upon the recreational vehicle and the contents therein for the proper charges due from a defaulting occupant, tenant, or resident. Such a lien shall be identical to that authorized by Section 1861, and shall be enforced as provided by Sections 1861 to 1861.28, inclusive. Disposition of any possessions abandoned by an occupant, tenant, or resident at a park shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

ARTICLE 7 - ACTIONS AND PROCEEDINGS

799.78 ATTORNEY'S FEES AND COSTS

In any action arising out of the provisions of this chapter, the prevailing party shall be entitled to Reasonable attorney's fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

799.79 $500 DAMAGES/WILLFUL VIOLATIONS BY MANAGEMENT

In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is the prevailing party in a civil action against the management to enforce his or her rights under this chapter, the occupant, tenant, or resident, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of any provision of this chapter by the management.

(Added by Stats. 1992, Chap. 310 (AB 3074, Wyman), eff. 1/1/1993)

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