Is the park allowed to issue an eviction notice to a resident and then refuse to talk about it and return their rent check?
In a mobilehome park, a resident’s tenancy can only be terminated for just cause, meaning they can only be evicted
for the seven reasons specified in state code, including violation of a park rule or regulation. (Civil Code §§798.55,
798.56) The park management must give the resident a 60-day notice (Civil Code §798.55(b)(1)), but if the resident
refuses to move after the 60-day period, the park management can take the resident to court in what is known as
an unlawful detainer action. There the resident would have the opportunity to tell the judge their side of the story.
If the resident is evicted, and depending upon the court’s decision, the resident may be required to pay the
management’s attorney fees (Civil Code §798.55(d)), in addition to having to leave the park. Management is
required to specify the rule broken and explain the details and give the resident seven days to correct the rule
violation. (Civil Code §798.56(d)) If the resident violates the rule more than twice in a 12-month period, on the
third violation, the management may proceed with termination whether or not the resident has cured the violation
(“3 strikes”). (Civil Code §798.56(e)(5))
Recap:
● The park manager must specify which rule was broken and explain the details.
● The park must give the resident seven days to correct the rule violation.
● If the resident violates a rule more than twice in a 12-month period, the park may proceed with eviction whether
or not the resident corrected the violation.