2009 California Civil Code - Section 798.15-798.22 :: Article 2. Rental Agreement

CIVIL CODE
SECTION 798.15-798.22

798.15.  The rental agreement shall be in writing and shall contain,
in addition to the provisions otherwise required by law to be
included, all of the following:
   (a) The term of the tenancy and the rent therefor.
   (b) The rules and regulations of the park.
   (c) A copy of the text of this chapter shall be attached as an
exhibit and shall be incorporated into the rental agreement by
reference. Management shall provide all homeowners with a copy of
this chapter prior to February 1 of each year, if a significant
change was made in the chapter by legislation enacted in the prior
year.
   (d) A provision specifying that (1) it is the responsibility of
the management to provide and maintain physical improvements in the
common facilities in good working order and condition and (2) with
respect to a sudden or unforeseeable breakdown or deterioration of
these improvements, the management shall have a reasonable period of
time to repair the sudden or unforeseeable breakdown or deterioration
and bring the improvements into good working order and condition
after management knows or should have known of the breakdown or
deterioration. For purposes of this subdivision, a reasonable period
of time to repair a sudden or unforeseeable breakdown or
deterioration shall be as soon as possible in situations affecting a
health or safety condition, and shall not exceed 30 days in any other
case except where exigent circumstances justify a delay.
   (e) A description of the physical improvements to be provided the
homeowner during his or her tenancy.
   (f) A provision listing those services which will be provided at
the time the rental agreement is executed and will continue to be
offered for the term of tenancy and the fees, if any, to be charged
for those services.
   (g) A provision stating that management may charge a reasonable
fee for services relating to the maintenance of the land and premises
upon which a mobilehome is situated in the event the homeowner fails
to maintain the land or premises in accordance with the rules and
regulations of the park after written notification to the homeowner
and the failure of the homeowner to comply within 14 days. The
written notice shall state the specific condition to be corrected and
an estimate of the charges to be imposed by management if the
services are performed by management or its agent.
   (h) All other provisions governing the tenancy.

798.16.  (a) The rental agreement may include other provisions
permitted by law, but need not include specific language contained in
state or local laws not a part of this chapter.
   (b) Management shall return an executed copy of the rental
agreement to the homeowner within 15 business days after management
has received the rental agreement signed by the homeowner.

798.17.  (a) (1) Rental agreements meeting the criteria of
subdivision (b) shall be exempt from any ordinance, rule, regulation,
or initiative measure adopted by any local governmental entity which
establishes a maximum amount that a landlord may charge a tenant for
rent. The terms of a rental agreement meeting the criteria of
subdivision (b) shall prevail over conflicting provisions of an
ordinance, rule, regulation, or initiative measure limiting or
restricting rents in mobilehome parks, only during the term of the
rental agreement or one or more uninterrupted, continuous extensions
thereof. If the rental agreement is not extended and no new rental
agreement in excess of 12 months' duration is entered into, then the
last rental rate charged for the space under the previous rental
agreement shall be the base rent for purposes of applicable
provisions of law concerning rent regulation, if any.
   (2) In the first sentence of the first paragraph of a rental
agreement entered into on or after January 1, 1993, pursuant to this
section, there shall be set forth a provision in at least 12-point
boldface type if the rental agreement is printed, or in capital
letters if the rental agreement is typed, giving notice to the
homeowner that the rental agreement will be exempt from any
ordinance, rule, regulation, or initiative measure adopted by any
local governmental entity which establishes a maximum amount that a
landlord may charge a tenant for rent.
   (b) Rental agreements subject to this section shall meet all of
the following criteria:
   (1) The rental agreement shall be in excess of 12 months'
duration.
   (2) The rental agreement shall be entered into between the
management and a homeowner for the personal and actual residence of
the homeowner.
   (3) The homeowner shall have at least 30 days from the date the
rental agreement is first offered to the homeowner to accept or
reject the rental agreement.
   (4) The homeowner who executes a rental agreement offered pursuant
to this section may void the rental agreement by notifying
management in writing within 72 hours of the homeowner's execution of
the rental agreement.
   (c) If, pursuant to paragraph (3) or (4) of subdivision (b), the
homeowner rejects the offered rental agreement or rescinds a signed
rental agreement, the homeowner shall be entitled to instead accept,
pursuant to Section 798.18, a rental agreement for a term of 12
months or less from the date the offered rental agreement was to have
begun. In the event the homeowner elects to have a rental agreement
for a term of 12 months or less, including a month-to-month rental
agreement, the rental agreement shall contain the same rental
charges, terms, and conditions as the rental agreement offered
pursuant to subdivision (b), during the first 12 months, except for
options, if any, contained in the offered rental agreement to extend
or renew the rental agreement.
   (d) Nothing in subdivision (c) shall be construed to prohibit the
management from offering gifts of value, other than rental rate
reductions, to homeowners who execute a rental agreement pursuant to
this section.
   (e) With respect to any space in a mobilehome park that is exempt
under subdivision (a) from any ordinance, rule, regulation, or
initiative measure adopted by any local governmental entity that
establishes a maximum amount that a landlord may charge a homeowner
for rent, and notwithstanding any ordinance, rule, regulation, or
initiative measure, a mobilehome park shall not be assessed any fee
or other exaction for a park space that is exempt under subdivision
(a) imposed pursuant to any ordinance, rule, regulation, or
initiative measure. No other fee or other exaction shall be imposed
for a park space that is exempt under subdivision (a) for the purpose
of defraying the cost of administration thereof.
   (f) At the time the rental agreement is first offered to the
homeowner, the management shall provide written notice to the
homeowner of the homeowner's right (1) to have at least 30 days to
inspect the rental agreement, and (2) to void the rental agreement by
notifying management in writing within 72 hours of the acceptance of
a rental agreement. The failure of the management to provide the
written notice shall make the rental agreement voidable at the
homeowner's option upon the homeowner's discovery of the failure. The
receipt of any written notice provided pursuant to this subdivision
shall be acknowledged in writing by the homeowner.
   (g) No rental agreement subject to subdivision (a) that is first
entered into on or after January 1, 1993, shall have a provision
which authorizes automatic extension or renewal of, or automatically
extends or renews, the rental agreement for a period beyond the
initial stated term at the sole option of either the management or
the homeowner.
   (h) This section does not apply to or supersede other provisions
of this part or other state law.

798.18.  (a) A homeowner shall be offered a rental agreement for (1)
a term of 12 months, or (2) a lesser period as the homeowner may
request, or (3) a longer period as mutually agreed upon by both the
homeowner and management.
   (b) No rental agreement shall contain any terms or conditions with
respect to charges for rent, utilities, or incidental reasonable
service charges that would be different during the first 12 months of
the rental agreement from the corresponding terms or conditions that
would be offered to the homeowners on a month-to-month basis.
   (c) No rental agreement for a term of 12 months or less shall
include any provision which authorizes automatic extension or renewal
of, or automatically extends or renews, the rental agreement beyond
the initial term for a term longer than 12 months at the sole option
of either the management or the homeowner.

798.19.  No rental agreement for a mobilehome shall contain a
provision by which the homeowner waives his or her rights under the
provisions of Articles 1 to 8, inclusive, of this chapter. Any such
waiver shall be deemed contrary to public policy and void.

798.19.5.  A rental agreement entered into or renewed on and after
January 1, 2006, shall not include a clause, rule, regulation, or any
other provision that grants to management the right of first refusal
to purchase a homeowner's mobilehome that is in the park and offered
for sale to a third party pursuant to Article 7 (commencing with
Section 798.70). This section does not preclude a separate agreement
for separate consideration granting the park owner or management a
right of first refusal to purchase the homeowner's mobilehome that is
in the park and offered for sale.

798.20.  (a) Membership in any private club or organization that is
a condition for tenancy in a park shall not be denied on any basis
listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code.
   (b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of this code and subdivisions (n),
(o), and (p) of Section 12955 of the Government Code shall apply to
subdivision (a).

798.21.  (a) Notwithstanding Section 798.17, if a mobilehome space
within a mobilehome park is not the principal residence of the
homeowner and the homeowner has not rented the mobilehome to another
party, it shall be exempt from any ordinance, rule, regulation, or
initiative measure adopted by any city, county, or city and county,
which establishes a maximum amount that the landlord may charge a
tenant for rent.
   (b) Nothing in this section is intended to require any homeowner
to disclose information concerning his or her personal finances.
Nothing in this section shall be construed to authorize management to
gain access to any records which would otherwise be confidential or
privileged.
   (c) For purposes of this section, a mobilehome shall be deemed to
be the principal residence of the homeowner, unless a review of state
or county records demonstrates that the homeowner is receiving a
homeowner's exemption for another property or mobilehome in this
state, or unless a review of public records reasonably demonstrates
that the principal residence of the homeowner is out of state.
   (d) Before modifying the rent or other terms of tenancy as a
result of a review of records, as described in subdivision (c), the
management shall notify the homeowner, in writing, of the proposed
changes and provide the homeowner with a copy of the documents upon
which management relied.
   (e) The homeowner shall have 90 days from the date the notice
described in subdivision (d) is mailed to review and respond to the
notice. Management may not modify the rent or other terms of tenancy
prior to the expiration of the 90-day period or prior to responding,
in writing, to information provided by the homeowner. Management may
not modify the rent or other terms of tenancy if the homeowner
provides documentation reasonably establishing that the information
provided by management is incorrect or that the homeowner is not the
same person identified in the documents. However, nothing in this
subdivision shall be construed to authorize the homeowner to change
the homeowner's exemption status of the other property or mobilehome
owned by the homeowner.
   (f) This section does not apply under any of the following
conditions:
   (1) The homeowner is unable to rent or lease the mobilehome
because the owner or management of the mobilehome park in which the
mobilehome is located does not permit, or the rental agreement limits
or prohibits, the assignment of the mobilehome or the subletting of
the park space.
   (2) The mobilehome is being actively held available for sale by
the homeowner, or pursuant to a listing agreement with a real estate
broker licensed pursuant to Chapter 3 (commencing with Section 10130)
of Part 1 of Division 4 of the Business and Professions Code, or a
mobilehome dealer, as defined in Section 18002.6 of the Health and
Safety Code. A homeowner, real estate broker, or mobilehome dealer
attempting to sell a mobilehome shall actively market and advertise
the mobilehome for sale in good faith to bona fide purchasers for
value in order to remain exempt pursuant to this subdivision.
   (3) The legal owner has taken possession or ownership, or both, of
the mobilehome from a registered owner through either a surrender of
ownership interest by the registered owner or a foreclosure
proceeding.

798.22.  (a) In any new mobilehome park that is developed after
January 1, 1982, mobilehome spaces shall not be rented for the
accommodation of recreational vehicles as defined by Section 799.29
unless the mobilehome park has a specifically designated area within
the park for recreational vehicles, which is separate and apart from
the area designated for mobilehomes. Recreational vehicles may be
located only in the specifically designated area.
   (b) Any new mobilehome park that is developed after January 1,
1982, is not subject to the provisions of this section until 75
percent of the spaces have been rented for the first time.


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