What Are The Laws Pertaining To Mobile Home Evictions In California?
The laws are fairly similar when it comes to mobile home residency. It all boils down to who is bringing the eviction. If a mobile home park is bringing the eviction, then the rules can be quite different. In most mobile home parks, the tenant only owns the mobile home and the landlord owns the land upon which the mobile home sits. The latter scenario can be a bit more complicated and require some attention to detail. They are based on California’s Mobile Home Residency Law, which is called the Davis-Stirling Act.
Are There Any Rules Pertaining To Eviction If There Is A Change Of Landlords?
Usually, a purchaser of a rental property just steps into the shoes of the former owner/landlord. The most important thing for the new property owner to do, once they’ve received title, is to send a written notice of change of ownership with directions on how to pay rent. Normally, during the escrow process, there is a provision requiring the seller to produce documents signed by tenants called “estoppel certificate.”. Estoppel certificates are almost always referenced in commercial leases, and often appear in professionally-prepared residential leases. These certificates require the tenant to confirm that the lease is valid, that they have no complaints, and that the current landlord or the seller has done everything asked of them. Estoppel certificates give the buyer some reassurance that they are not purchasing a property full of unhappy tenants.
Additional Information On Eviction Proceedings In California
I always suggest that landlords first try to resolve things informally with their tenants. Most people who stop paying their rent do so for a reason. They have usually fallen on hard times and the landlord willingly rented to these people in the beginning, meaning that they felt comfortable letting them live in their property. Some dialogue at the outset before blindly serving a three-day notice can go a long way and save a landlord a lot of money. Maybe the tenant just can’t afford the place anymore and has been anxious about bringing up the idea of terminating the lease because they are worried that it’s going to ruin their credit or that they are going to get sued.
Oftentimes simply letting the tenant out of the lease is a good idea. Evictions, although they are not the most expensive type of lawsuit, still cost a big chunk of money and take time. Serving a three-day notice and moving forward with an eviction without discussing the problem with a tenant may cause the tenant to aggressively defend the case by making things up about the condition of the property or about habitability problems. It’s important to discuss your concerns with your tenant before it turns into a disaster. If you can work something out that avoids an eviction lawsuit, it may be the best route because you will be able to get rid of them in three weeks instead of six weeks.
For more information on Mobile Home Evictions In California, a free consultation is your best next step. Get the information and legal answers you’re seeking by calling (760) 249-2550 today.
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