Can the park charge separate “maintenance” or “pass-through” fees in addition to the rent?
Yes, if the resident’s signed lease or rental agreement provides for assessments or fees for maintenance, among
other services. If not mentioned in the lease, a new fee would have to be for a service actually rendered, such as
trash pick-up, and would require a 60-day advance written notice. (Civil Code §798.32(a)) If the resident signs a
new lease or rental agreement that includes these fees, they are agreeing to pay the fees. State law does not
require a notice requirement for an increase in an already existing fee. Local jurisdictions with mobilehome park
rent control ordinances may regulate fees or pass-through costs which parks charge their residents. Some
ordinances, for example, distinguish capital improvements from maintenance, allowing a pass-through fee of
certain capital improvements (not including maintenance) amortized over a period of time.
Recap:
● A 60-day advance written notice is required for a new fee if it is not mentioned in the lease.
● Notice is not required for an increase in an existing fee.