Civil Code — Part 17 | CIV — United States — California law | Esheria

Civil Code

Part 17 of 20 · provisions 3,201–3,400

This section names the act the Civil Code of the State of California and says it is divided into four parts.

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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

Showing 200 of 3,922

  1. 690.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    A future interest gives the owner the right to possess the property only later, at a future time.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 690. A future interest entitles the owner to the possession of the property only at a future period. (Enacted 1872.)
  2. 691.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    A perpetual interest lasts for as long as the property lasts.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 691. A perpetual interest has a duration equal to that of the property. (Enacted 1872.)
  3. 692.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    A limited interest lasts for a shorter time than the property itself.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 692. A limited interest has a duration less than that of the property. (Enacted 1872.)
  4. 696.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    Future interests may be created to take effect in the alternative, and if the first one fails to vest, the next one takes its place.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 696. Two or more future interests may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly. (Enacted 1872.)
  5. 697.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    A future interest is not void just because the contingency it depends on is unlikely to happen.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 697. A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect. (Enacted 1872.)
  6. 698.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    If a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take it as if they were alive when the parent died.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 698. When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living at the death of their parent. (Enacted 1872.)
  7. 699.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    Future interests pass by succession, will, and transfer the same way present interests do.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 699. Future interests pass by succession, will, and transfer, in the same manner as present interests. (Enacted 1872.)
  8. 700.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    A mere possibility, including an heir apparent’s expectancy, is not treated as an interest.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 700. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind. (Enacted 1872.)
  9. 701.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    For real or immovable property, the interests in this chapter are called estates and are classified in Part II of the division.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 701. In respect to real or immovable property, the interests mentioned in this Chapter are denominated estates, and are specially named and classified in Part II of this Division. (Enacted 1872.)
  10. 702.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    The names and classification of real property interests apply to personal property only where this division expressly says so.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 702. The names and classification of interests in real property have only such application to interests in personal property as is in this Division of the Code expressly provided. (Enacted 1872.)
  11. 703.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    Future interests in property are not recognized unless they are defined in this Division of the Code.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 703. No future interest in property is recognized by the law, except such as is defined in this Division of the Code. (Enacted 1872.)
  12. 707.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    The time for starting or ending the enjoyment of property may be set by counting time or made to depend on events.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 707. The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case, the enjoyment is said to be upon condition. (Enacted 1872.)
  13. 708.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    Conditions of ownership may be precedent or subsequent: precedent conditions start the right, and subsequent conditions end it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 708. Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right. (Enacted 1872.)
  14. 709.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    A condition precedent that requires an act wrong in itself makes the instrument void and prevents the right from existing; if the act is not wrong in itself but is otherwise unlawful, the instrument still takes effect and the condition is void.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 709. If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void. (Enacted 1872.)
  15. 7100.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. )

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    Certain retail grocery stores using a point-of-sale system must price-label at least 85% of packaged consumer commodities, and management must keep and post a list of items to be exempted.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. ) ## 7100. (a) Every retail grocery store or grocery department within a general retail merchandise store which uses a point-of-sale system shall cause to have a clearly readable price indicated on 85 percent of the total number of packaged consumer commodities offered for sale which are not exempt pursuant to subdivision (b). The management of any such retail grocery store or grocery department shall determine the number of consumer commodities normally offered for sale on a daily basis, shall determine the consumer commodities to be exempted pursuant to this subdivision, and shall maintain a list of those consumer commodities exempt pursuant to this subdivision. The list shall be made available to a designated representative of the appropriate local union, the members of which are responsible for item pricing, in those stores or departments that have collective bargaining agreements, seven days prior to an item or items being exempted pursuant to this subdivision. In addition, the list shall be available and posted in a prominent place in the store seven days prior to an item or items being exempted pursuant to this subdivision. (b) The provisions of this section shall not apply to any of the following: (1) Any consumer commodity which was not generally item-priced on January 1, 1977, as determined by the Department of Food and Agriculture pursuant to subdivision (c) of Section 12604.5 of the Business and Professions Code, as in effect July 8, 1977. (2) Any unpackaged fresh food produce, or to consumer commodities which are under three cubic inches in size, weigh less than three ounces, and are priced under forty cents ($0.40). (3) Any consumer commodity offered as a sale item or as a special. (4) Any business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such owner, or, in addition thereto, not more than two other regular employees. (5) Identical items within a multi-item package. (6) Items sold through a vending machine. (c) For the purposes of this section: (1) “Point-of-sale system” means any computer or electronic system used by a retail establishment such as, but not limited to, Universal Product Code scanners, price lookup codes, or an electronic price lookup system as a means for determining the price of the item being purchased by a consumer. (2) “Consumer commodity” includes: (A) Food, including all material whether solid, liquid, or mixed, and whether simple or compound, which is used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose. This definition shall not apply to individual packages of cigarettes or individual cigars. (B) Napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups. (C) Detergents, soaps, and other cleaning agents. (D) Pharmaceuticals, including nonprescription drugs, bandages, female hygiene products, and toiletries. (3) “Grocery department” means an area within a general retail merchandise store which is engaged primarily in the retail sale of packaged food, rather than food prepared for immediate consumption on or off the premises. (4) “Grocery store” means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises. (5) “Sale item or special” means any consumer commodity offered in good faith for a period of 14 days or less, on sale at a price below the normal price that item is usually sold for in that store. The Department of Food and Agriculture shall determine the normal length of a sale held for consumer commodities generally item priced on January 1, 1977, in stores regulated pursuant to this chapter, and that period shall be used for the purposes of this subdivision. The department’s determination as to the normal length of a sale shall be binding for the purposes of this section, but each such determination shall not exceed seven days. (Amended by Stats. 2006, Ch. 566, Sec. 6. Effective January 1, 2007.)
  16. 7101.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. )

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    A person who intentionally violates Section 7100 can be fined, and any person may sue to stop a violation.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. ) ## 7101. (a) The intentional violation of Section 7100 is punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500). (b) Failure to have a clearly readable price indicated on 12 units of the same item required to be item-priced of the same commodity shall constitute a presumption of intent to violate Section 7100. (c) Every additional 12 units of the same item required to be item-priced that fail to have a price indicated on them shall constitute a presumption of intent to violate Section 7100. (d) Each day that a violation continues shall also constitute a separate violation after notification thereof to the manager or assistant manager of the retail grocery store or the grocery department of the general retail merchandise store and shall constitute a presumption of intent to violate Section 7100. (e) Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of Section 7100. (Added by Stats. 1981, Ch. 224, Sec. 2.)
  17. 7102.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. )

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    If a person or business violates Sections 7100 or 7101, they are liable to the injured person for losses, expenses, and an extra $50.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. ) ## 7102. Any person, firm, corporation, or association who violates Sections 7100 and 7101 shall be liable to any person injured for any losses and expenses thereby incurred, and for the sum of fifty dollars ($50) in addition thereto. The remedy set forth herein is applicable only to actions brought in the name of, and on behalf of, a single plaintiff and shall not be applicable in multiple plaintiff or class actions. (Added by Stats. 1981, Ch. 224, Sec. 2.)
  18. 7103.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. )

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    Unintentional shelf or item pricing errors are not treated as a violation of this division.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. ) ## 7103. Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this division. (Added by Stats. 1981, Ch. 224, Sec. 2.)
  19. 7104.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. )

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    The remedies in Sections 7101 and 7102 are the only remedies available under this provision.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. ) ## 7104. The remedies set forth in Sections 7101 and 7102 are the exclusive remedies available to any person, state or local agency or law enforcement official. (Added by Stats. 1981, Ch. 224, Sec. 2.)
  20. 7105.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. )

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    This part may be cited as the Rosenthal-Roberti Item Pricing Act.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. ) ## 7105. This part shall be known and may be cited as the Rosenthal-Roberti Item Pricing Act. (Added by Stats. 1981, Ch. 224, Sec. 2.)
  21. 7106.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. )

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    This section says the Legislature intends this part to control item pricing and to override local rules on item pricing.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.5. AUTOMATIC CHECKOUT SYSTEM [7100 - 7106] ( Heading of Part 5.5 renumbered from Part 8 by Stats. 2010, Ch. 697, Sec. 19.5. ) ## 7106. It is the intention of the Legislature that this part shall occupy the field with regard to item pricing and shall preempt all local ordinances, rules, or regulations concerning item pricing. (Added by Stats. 1981, Ch. 224, Sec. 2.)
  22. 711.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    Conditions restraining alienation are void when they are repugnant to the interest created.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 711. Conditions restraining alienation, when repugnant to the interest created, are void. (Enacted 1872.)
  23. 711.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    Public entities making certain housing loans may refuse assumption requests, accelerate loans when a transferee is ineligible, adjust repayment terms, and take compliance measures.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 711.5. (a) Notwithstanding the provisions of Sections 711 and 1916.5, a state or local public entity directly or indirectly providing housing purchase or rehabilitation loans shall have the authority to deny assumptions, or require the denial of assumptions, by a subsequent ineligible purchaser or transferee of the prior borrower of the obligation of any such loan made for the purpose of rehabilitating or providing affordable housing. If such a subsequent purchaser or transferee does not meet such an entity’s eligibility requirements, that entity may accelerate or may require the acceleration of the principal balance of the loan to be all due and payable upon the sale or transfer of the property. (b) As a condition of authorizing assumption of a loan pursuant to this section, the entity may recast the repayment schedule for the remainder of the term of the loan by increasing the interest to the current market rate at the time of assumption, or to such lower rate of interest as is the maximum allowed by an entity that provided any insurance or other assistance which results in an assumption being permitted. Any additional increment of interest produced by increasing the rate of interest upon a loan pursuant to this subdivision shall be transmitted or forwarded to the entity for deposit in the specified fund from which the loan was made, or, if no such fund exists, or the public entity has directed otherwise, then to the general fund of such entity. (c) The state or local public entity providing assistance as specified in this section may implement appropriate measures to assure compliance with this section. (Added by Stats. 1979, Ch. 971.)
  24. 712.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    A provision that blocks a property owner or agent from displaying qualifying signs on the property is void.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 712. (a) Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this state heretofore or hereafter made, which purports to prohibit or restrict the right of the property owner or his or her agent to display or have displayed on the real property, or on real property owned by others with their consent, or both, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and do not adversely affect public safety, including traffic safety, and which advertise the property for sale, lease, or exchange, or advertise directions to the property, by the property owner or his or her agent is void as an unreasonable restraint upon the power of alienation. (b) This section shall operate retrospectively, as well as prospectively, to the full extent that it may constitutionally operate retrospectively. (c) A sign that conforms to the ordinance adopted in conformity with Section 713 shall be deemed to be of reasonable dimension and design pursuant to this section. (Amended by Stats. 1993, Ch. 589, Sec. 20. Effective January 1, 1994.)
  25. 713.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    A real property owner or the owner’s agent may display certain signs on the property, and on other property with consent, if the signs are suitably placed, visible, reasonably designed, and do not harm public safety.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 713. (a) Notwithstanding any provision of any ordinance, an owner of real property or his or her agent may display or have displayed on the owner’s real property, and on real property owned by others with their consent, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and do not adversely affect public safety, including traffic safety, as determined by the city, county, or city and county, advertising the following: (1) That the property is for sale, lease, or exchange by the owner or his or her agent. (2) Directions to the property. (3) The owner’s or agent’s name. (4) The owner’s or agent’s address and telephone number. (b) Nothing in this section limits any authority which a person or local governmental entity may have to limit or regulate the display or placement of a sign on a private or public right-of-way. (Amended by Stats. 1992, Ch. 773, Sec. 3. Effective January 1, 1993.)
  26. 714.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    Certain restrictions that block solar energy systems are void, solar systems must meet applicable standards, and approval requests must be handled promptly with specific written and 45-day rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 714. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, as defined in Section 4150 or 6552, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. (c) (1) A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code. (2) Solar energy systems used for heating water in single family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the Plumbing and Mechanical Codes. (3) A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (d) For the purposes of this section: (1) (A) For solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, “significantly” means an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed. (B) For photovoltaic systems that comply with state and federal law, “significantly” means an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed. (2) “Solar energy system” has the same meaning as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5. (e) (1) Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. (2) For an approving entity that is an association, as defined in Section 4080 or 6528, and that is not a public entity, both of the following shall apply: (A) The approval or denial of an application shall be in writing. (B) If an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information. (f) Any entity, other than a public entity, that willfully violates this section shall be liable to the applicant or other party for actual damages occasioned thereby, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (g) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees. (h) (1) A public entity that fails to comply with this section may not receive funds from a state-sponsored grant or loan program for solar energy. A public entity shall certify its compliance with the requirements of this section when applying for funds from a state-sponsored grant or loan program. (2) A local public entity may not exempt residents in its jurisdiction from the requirements of this section. (Amended by Stats. 2014, Ch. 521, Sec. 2. (AB 2188) Effective January 1, 2015.)
  27. 714.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    An association may impose only reasonable solar-related rules in limited ways, but it cannot ban rooftop household solar or require a member vote for those installations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 714.1. (a) Notwithstanding Section 714, an association may impose reasonable provisions that: (1) Restrict the installation of solar energy systems in common areas to those systems approved by the association. (2) Require the owner of a separate interest to obtain the approval of the association for the installation of a solar energy system in a separate interest owned by another. (3) Provide for the maintenance, repair, or replacement of roofs or other building components. (4) Require installers of solar energy systems to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of the solar energy system. (b) An association shall not: (1) Establish a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use. (2) Require approval by a vote of members owning separate interests in the common interest development, including that specified by Section 4600, for installation of a solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use. An action by an association that contravenes paragraph (1) or (2) shall be void and unenforceable. (c) For purposes of this section: (1) “Association” has the same meaning as defined in Section 4080 or 6528. (2) “Common area” has the same meaning as defined in Section 4095 or 6532. (3) “Separate interest” has the same meaning as defined in Section 4185 or 6564. (Amended by Stats. 2017, Ch. 818, Sec. 1. (AB 634) Effective January 1, 2018.)
  28. 714.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    Certain deed or contract restrictions that effectively block or unreasonably limit accessory dwelling units or junior accessory dwelling units on qualifying single-family lots are void and unenforceable.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 714.3. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Article 2 (commencing with Section 66314) of Chapter 13 or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code. “Reasonable restrictions” shall not include any fees or other financial requirements. (Amended by Stats. 2025, Ch. 22, Sec. 1. (AB 130) Effective June 30, 2025.)
  29. 714.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    Management documents cannot bar the sale, lease, rent, or use of real property just because the structure was built offsite or in a factory and then moved in sections or modules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 714.5. The covenants, conditions, and restrictions or other management documents shall not prohibit the sale, lease, rent, or use of real property on the basis that the structure intended for occupancy on the real property is constructed in an offsite facility or factory, and subsequently moved or transported in sections or modules to the real property. Nothing herein shall preclude the governing instruments from being uniformly applied to all structures subject to the covenants, conditions, and restrictions or other management documents. This section shall apply to covenants, conditions, and restrictions or other management documents adopted on and after the effective date of this section. (Added by Stats. 1987, Ch. 1339, Sec. 1.)
  30. 714.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

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    This section limits enforcement of certain restrictive covenants on housing developments and sets a recordation process to modify them.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 714.6. (a) Recorded covenants, conditions, restrictions, or private limits on the use of private or publicly owned land contained in any deed, contract, security instrument, reciprocal easement agreement, or other instrument affecting the transfer or sale of any interest in real property that restrict or prohibit the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restrict the number of persons or families who may reside on the property, shall not be enforceable against the owner of a housing development, if an approved restrictive covenant housing modification document has been recorded in the public record as provided for in this section, except as explicitly provided in this section. (b) (1) The owner of a housing development shall be entitled to establish that an existing restrictive covenant is unenforceable pursuant to subdivision (a) by submitting a restrictive covenant modification document pursuant to Section 12956.2 of the Government Code that modifies or removes any existing restrictive covenant language that restricts or prohibits the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restricts the number of persons or families that may reside on the property, to the extent necessary to allow the housing development to proceed under the existing declaration of restrictive covenants. (2) (A) The owner shall submit to the county recorder a copy of the original restrictive covenant, a copy of any notice the owner believes is required pursuant to paragraph (3) of subdivision (g), and any documents the owner believes necessary to establish that the property qualifies as a housing development under this section prior to, or simultaneously with, the submission of the request for recordation of the restrictive covenant modification document. (B) Before recording the restrictive covenant modification document, pursuant to subdivision (b) of Section 12956.2 of the Government Code, the county recorder shall, within five business days of receipt, submit the documentation provided to the county recorder by the owner pursuant to subparagraph (A) and the modification document to the county counsel for review. The county counsel shall determine whether the original restrictive covenant document restricts the property in a manner prohibited by subdivision (a), whether the owner has submitted documents sufficient to establish that the property qualifies as a housing development under this section, whether any notice required under this section has been provided, whether any exemption provided in subdivision (g) or (h) applies, and whether the restriction may no longer be enforced against the owner of the housing development and that the owner may record a modification document pursuant to this section. (C) Pursuant to Section 12956.2 of the Government Code, the county counsel shall return the documents and inform the county recorder of the county counsel’s determination within 15 days of submission to the county counsel. If the county counsel is unable to make a determination, the county counsel shall specify the documentation that is needed in order to make the determination. If the county counsel has authorized the county recorder to record the modification document, that authorization shall be noted on the face of the modification or on a cover sheet affixed thereto, and the county recorder shall notify the owner or submitting party of the county counsel’s determination without delay so that the notice described in subparagraph (D) may be given. (D) Upon being notified that the county counsel has authorized the county recorder to record the modification document, the owner may mail, by certified mail to anyone who the owner knows has an interest in the property or in the restrictive covenant, a copy of the modification document, together with a copy of this section and a written explanation that the modification has been applied for and approved for recordation by the county counsel pursuant to this section. That notice shall be deemed given if the notice is actually received by the intended recipient or if the notice is mailed by certified mail both to an address for notice indicated in the restrictive covenant, if any, and to the intended recipient’s address as shown in the last equalized assessment roll, if that address reasonably can be ascertained from the assessment roll. The owner may also publish notice pursuant to Section 6061 of the Government Code identifying that a modification document pursuant to this section has been submitted to the county recorder and approved for recordation by the county counsel, and that the modification document is available for public inspection in the office of the county recorder. The notice shall also identify the property by assessor’s parcel number and mailing address. If no mailing address has been assigned for the property, then the property shall be identified instead by its nearest intersection. If the owner elects to publish notice in this manner, then notice shall be deemed given to anyone whose interest does not appear of record or for whom an address for notice does not appear of record and cannot reasonably be ascertained from the assessment roll. Notice as described in this subparagraph is optional, and failure to provide it shall not, in any manner, invalidate a restrictive covenant modification document recorded pursuant to this section. (E) The county recorder shall not record the modification document if the county counsel finds that the original restrictive covenant document does not contain a restriction prohibited by this section or if the county counsel finds that the property does not qualify as a housing development. If the owner of the property is not yet its record title owner, but is instead a beneficial owner with a right pursuant to a purchase and sale or similar agreement to purchase the property, then the owner shall not record the modification document until the owner closes escrow on the property and becomes its record title owner. (F) A modification document shall be indexed in the same manner as the original restrictive covenant document being modified. It shall contain a recording reference to the original restrictive covenant document, in the form of a book and page or instrument number, and date of the recording. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original restrictive covenant document, subject to any intervening amendments or modifications, except to the extent modified by the recorded modification document. (3) If the holder of an ownership interest of record in property causes to be recorded a modification document pursuant to this section that modifies or removes a restrictive covenant that is not authorized by this section, the county shall not incur liability for recording the document. The liability that may result from the unauthorized recordation shall be the sole responsibility of the holder of the ownership interest of record who caused the unauthorized recordation. (4) A restrictive covenant that was originally invalidated by this section shall become and remain enforceable while the property subject to the restrictive covenant modification is utilized in any manner that violates the terms of the restrictions required by this section. (5) If the property is utilized in any manner that violates the terms of the restrictions required by this section, the city or county may, after notice and an opportunity to be heard, record a notice of that violation. If the owner complies with the applicable restrictions, the owner may apply to the agency of the city or county that recorded the notice of violation for a release of the notice of violation, and, if approved by the city or county, a release of the notice of violation may be recorded. (6) The county recorder may charge a standard recording fee to an owner who submits a modification document for recordation pursuant to this section. (c) (1) Subject to paragraph (2), this section shall only apply to restrictive covenants that restrict or prohibit the residential uses of the property, the number, size, or location of the residences that may be built on a property, or that restrict the number of persons or families who may reside on a property. This section does not apply to any other covenant, including, but not limited to, covenants that: (A) Relate to purely aesthetic objective design standards, as long as the objective design standards are not applied in a manner that renders the housing development infeasible. (B) Provide for fees or assessments for the maintenance of common areas. (C) Provide for limits on the amount of rent that may be charged to tenants. (2) Paragraph (1) shall not apply to restrictive covenants, fees, and assessments that have not been consistently enforced or assessed prior to the construction of the housing development. (d) (1) Any suit filed by a party that is deemed to have been given notice as described in subparagraph (D) of paragraph (2) of subdivision (b), which challenges the validity of a restrictive covenant modification document pursuant to this section, shall be filed within 35 days of that notice. (2) In any suit filed to enforce the rights provided in this section or defend against a suit filed against them, a prevailing owner of a housing development, and any successors or assigns, or a holder of a conservation easement, shall be entitled to recover, as part of any judgment, litigation costs and reasonable attorney’s fees, provided that any judgment entered shall be limited to those costs incurred after the modification document was recorded as provided by subdivision (b). (3) This subdivision shall not prevent the court from awarding any prevailing party litigation costs and reasonable attorney’s fees otherwise authorized by applicable law, including, but not limited to, subdivision (d) of Section 815.7. (e) This section shall not be interpreted to modify, weaken, or invalidate existing laws protecting affordable and fair housing and prohibiting unlawful discrimination in the provision of housing, including, but not limited to, prohibitions on discrimination in, or resulting from, the enforcement of restrictive covenants. (f) (1) Provided that the restrictions are otherwise compliant with all applicable laws, this section does not invalidate local building codes or other rules regulating either of the following: (A) The number of persons who may reside in a dwelling. (B) The size of a dwelling. (2) This section shall not be interpreted to authorize any development that is not otherwise consistent with state housing laws or the local general plan, zoning ordinances, and any applicable specific plan that apply to the housing development, including any requirements regarding the number of residential units, the size of residential units, and any other zoning restriction relevant to the housing development. (3) This section does not prevent a housing development from receiving any bonus or incentive pursuant to any statute listed in Section 65582.1 of the Government Code or any related local ordinance. (g) (1) Subject to paragraph (2), this section does not apply to: (A) Any conservation easement, as defined in Section 815.1, that is recorded as required by Section 815.5, and held by any of the entities or organizations set forth in Section 815.3. (B) Any interest in land comparable to a conservation easement that is held by any political subdivision and recorded in the office of the county recorder of the county where the land is situated. (2) The exclusion from this section of conservation easements held by tax-exempt nonprofit organizations, as provided in subparagraph (A) of paragraph (1), applies only if the conservation easement satisfies one or more of the following: (A) It was recorded in the office of the county recorder where the property is located before January 1, 2022. (B) It is, as of the date of recordation of the conservation easement, held by a land trust or other entity that is accredited by the Land Trust Accreditation Commission, or any successor organization, or is a member of the California Council of Land Trusts, or any successor organization, and notice of that ownership is provided in the text of the recorded conservation easement document, or if that notice is not provided in the text of the recorded conservation easement document, the land trust or other entity provides documentation of that accreditation or membership within 30 days of receipt of either of the following: (i) A written request for that documentation. (ii) Any written notice of the intended modification of the conservation easement provided pursuant to paragraph (3). (C) It was funded in whole or in part by a local, state, federal, or tribal government or was required by a local, state, federal, or tribal government as mitigation for, or as a condition of approval of, a project, and notice of that funding or mitigation requirement is provided in the text of the recorded conservation easement document. (D) It is held by a land trust or other entity whose purpose is to conserve or protect indigenous cultural resources, and that purpose of the land trust or other entity is provided in the text of the recorded conservation easement document. (E) It, as of the date of recordation of the conservation easement, burdens property that is located entirely outside the boundaries of any urbanized area or urban cluster, as designated by the United States Census Bureau. (3) (A) At least 60 days before submission of a modification document modifying a conservation easement to a county recorder pursuant to subdivision (b), the owner of a housing development shall provide written notice of the intended modification of any conservation easement to the parties to that conservation easement and any third-party beneficiaries or other entities that are entitled to receive notice of changes to or termination of the conservation easement with the notice being sent to the notice address of those parties as specified in the recorded conservation easement. The notice shall include a return mailing address of the owner of the housing development, the approximate number, size, and location of intended structures to be built on the property for the purposes of housing, and a copy of the intended modification document, and shall specify that it is being provided pursuant to this section. (B) The county recorder shall not record any restrictive covenant modification document unless the county recorder has received confirmation from the county counsel that any notice required pursuant to subparagraph (A) was provided in accordance with subparagraph (A). (h) This section shall not apply to any settlement, conservation agreement, or conservation easement, notice of which has been recorded, for which either of the following apply: (1) It was entered into before January 1, 2022, and limits the density of or precludes development in order to mitigate for the environmental impacts of a proposed project or to resolve a dispute about the level of permitted development on the property. (2) It was entered into after January 1, 2022, and limits the density of or precludes development where the settlement is approved by a court of competent jurisdiction and the court finds that the density limitation is for the express purpose of protecting the natural resource or open-space value of the property. (i) The provisions of this section shall not apply to any recorded deed restriction, public access easement, or other similar covenant that was required by a state agency for the purpose of compliance with a state or federal law, provided that the recorded deed restriction, public access easement, or similar covenant contains notice within the recorded document, inclusive of its recorded exhibits, that it was recorded to satisfy a state agency requirement. (j) For purposes of this section: (1) (A) “Housing development” means a development located on the property that is the subject of the recorded restrictive covenant and that meets one of the following requirements: (i) The property is subject to a recorded affordability restriction requiring 100 percent of the units, exclusive of a manager’s unit or units, be made available at affordable rent to, and be occupied by, lower income households for 55 years for rental housing, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households for a term that exceeds 55 years for rental housing units. (ii) The property is owned or controlled by an entity or individual that has submitted a permit application to the relevant jurisdiction to develop a project that complies with clause (i). (iii) The property is owned or controlled by an entity or individual that has submitted a development project application to redevelop an existing commercial property, and the development project includes residential uses permitted by state housing laws or local land use and zoning regulations. (B) For purposes of subparagraph (A): (i) “Controlled” includes, without limitation, the right to acquire the property under an option agreement, purchase and sale agreement, or similar agreement. (ii) “Permit application” includes, without limitation, a building permit application, an application pursuant to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, including a preliminary application pursuant to Section 65941.1 of the Government Code, an application for a zoning or general plan amendment, an application for a specific plan or amendment to a specific plan, a notice of intent or an application for development pursuant to Section 65913.4 of the Government Code, or an application for development pursuant to Section 65912.110 of the Government Code. (2) “Affordable rent” shall have the same meaning as defined in Section 50053 of the Health and Safety Code. (3) “Lower income households” shall have the same meaning as defined in Section 50079.5 of the Health and Safety Code. (4) “Modification document” means a restrictive covenant modification document described in paragraph (1) of subdivision (b). (5) “Owner” means any record title owner of the property, any beneficial owner of the property, or an entity or individual controlling the property for purposes of subparagraph (B) of paragraph (1). (6) “Restrictive covenant” means any recorded covenant, condition, restriction, or limit on the use of private or publicly owned land contained in any deed, contract, security instrument, reciprocal easement agreement, or other instrument affecting the transfer or sale of any interest that restricts or prohibits the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restricts the number of persons or families who may reside on the property, as described in subdivision (a). “Restrictive covenant” does not include an easement set forth in a reciprocal easement agreement or other recorded instrument. (Amended by Stats. 2025, Ch. 504, Sec. 1. (AB 1050) Effective January 1, 2026.)
  31. 714.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. )

    Verify source ↗

    A developer generally may not sell certain inclusionary housing units to buyers who are not income-qualifying persons or families, but may sell to a qualified nonprofit housing corporation if the unit remains unsold after 180 days from the certificate of occupancy.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Conditions of Ownership [707 - 714.7] ( Article 2 enacted 1872. ) ## 714.7. (a) Notwithstanding any other provision of law, a developer shall not sell a unit constructed pursuant to a local inclusionary zoning ordinance that is intended for owner-occupancy by persons or families of extremely low, very low, low, or moderate income to a purchaser that is not a person or family of extremely low, very low, low, or moderate income, except that if such a unit has not been purchased by an income-qualifying person or family within 180 days of the issuance of the certificate of occupancy a developer may sell the unit to a qualified nonprofit housing corporation that will ensure owner occupancy pursuant to the income limitation recorded on the deed or other instrument defining the terms of conveyance eligibility. (b) Every unit sold in a manner inconsistent with subdivision (a) shall constitute a violation of this section. (c) A person who violates this section is subject to a civil penalty of not more than fifteen thousand dollars ($15,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the county counsel or city attorney for the jurisdiction in which the violation occurred in a court of competent jurisdiction. This subdivision shall be the exclusive enforcement mechanism used against violators of this section. (d) For purposes of this section, a qualified nonprofit housing corporation means a nonprofit corporation that meets all of the following requirements: (1) The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code. (2) The nonprofit corporation is based in California. (3) All of the board members of the nonprofit corporation have their primary residence in California. (4) The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California. (Added by Stats. 2023, Ch. 738, Sec. 1. (AB 323) Effective January 1, 2024.)
  32. 715.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. )

    Verify source ↗

    A lease that starts at a fixed time or future event becomes invalid if it does not begin in possession within 30 years after execution.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. ) ## 715. A lease to commence at a time certain or upon the happening of a future event becomes invalid if its term does not actually commence in possession within 30 years after its execution. (Repealed and added by Stats. 1991, Ch. 156, Sec. 3.)
  33. 717.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. )

    Verify source ↗

    A lease or grant of agricultural or horticultural land for more than 51 years is not valid if rent or any service is reserved.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. ) ## 717. No lease or grant of land for agricultural or horticultural purposes for a longer period than 51 years, in which shall be reserved any rent or service of any kind, shall be valid. (Amended by Stats. 1963, Ch. 1906.)
  34. 718.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. )

    Verify source ↗

    This section limits how long certain leases of city, municipal, tideland, and submerged land may last, and makes some leases invalid if they exceed the stated maximum term.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. ) ## 718. No lease or grant of any town or city lot, which reserves any rent or service of any kind, and which provides for a leasing or granting period in excess of 99 years, shall be valid. The property owned by, or that held by, or under the management and control of, any municipality, or any department or board thereof, may be leased for a period not to exceed 55 years. The property of any municipality not acquired for park purposes may, for the purpose of producing, or effecting the production of minerals, oil, gas or other hydrocarbon substances, be leased for a period not to exceed 35 years. Any tidelands or submerged lands, granted to any city by the State of California, may be leased for a period not to exceed 66 years unless the grant from the state of the use thereof provides specifically the term for which said lands may be leased. Tidelands and submerged lands owned or controlled by any city, together with the wharves, docks, piers and other structures or improvements thereon, and so much of the uplands abutting thereon as, in the judgment of the city council, or other governing body, of said city, may be necessary for the proper development and use of its waterfront and harbor facilities, may be leased for a period not to exceed 66 years. Said tidelands, submerged lands and uplands may be so leased only for industrial uses, the improvement and development of any harbor, or harbors, of said city, the construction and maintenance of wharves, docks, piers or bulkhead piers, or any other public use or purpose consistent with the requirements of commerce or navigation at, or in, any such harbor or harbors. (Amended by Stats. 1967, Ch. 228.)
  35. 718f

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. )

    Verify source ↗

    A lease of land for mineral, oil, gas, or similar hydrocarbon production may be for a fixed term or one ending on a future event, but it cannot be enforceable more than 99 years after the term starts.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. ) ## 718f. A lease of land for the purpose of effecting the production of minerals, oil, gas, or other hydrocarbon substances from other lands may be made for a period certain or determinable by any future event prescribed by the parties but no such lease shall be enforceable after 99 years from the commencement of the term thereof. (Added by Stats. 1953, Ch. 1344.)
  36. 719.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. )

    Verify source ↗

    Cities may lease certain public property for more than 55 years, up to 99 years, if they follow the required hearing, ordinance, notice, and bidding steps.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Duration of Leases [715 - 719] ( Heading of Article 3 amended by Stats. 1991, Ch. 156, Sec. 1. ) ## 719. Notwithstanding the 55-year limitation imposed by Section 718, property owned by, or held by, or under the management and control of, any city, or any department or board thereof, may be leased for a period which exceeds 55 years but does not exceed 99 years, if all of the following conditions are met: (a) The lease shall be subject to periodic review by the city and shall take into consideration the then current market conditions. The local legislative body may, prior to final execution of the lease, establish the lease provisions which will periodically be reviewed, and determine when those provisions are to be reviewed. (b) Any lease entered into by any city pursuant to this section shall be authorized by an ordinance adopted by the legislative body. The ordinance shall be subject to referendum in the manner prescribed by law for ordinances of cities. (c) Prior to adopting an ordinance authorizing a lease, the legislative body shall hold a public hearing. Notice of the time and place of the hearing shall be published pursuant to Section 6066 of the Government Code, in one or more newspapers of general circulation within the city and shall be mailed to any person requesting special notice, to any present tenant of the public property, and to all owners of land adjoining the property. (d) Any lease shall be awarded to the bidder which, in the determination of the legislative body, offers the greatest economic return to the city, after competitive bidding conducted in the manner determined by the legislative body. Notice inviting bids shall be published pursuant to Section 6066 in one or more newspapers of general circulation within the city. (e) The provisions of subdivisions (b), (c), and (d) of this section do not apply to any charter city, which may utilize a procedure as specified by charter or adopted by ordinance in accordance with its charter. (f) This section shall not apply to leases of property acquired for park purposes; to leases for the purpose of producing mineral, oil, gas, or other hydrocarbon substances; nor to leases of tidelands or submerged lands or improvements thereon. (Added by Stats. 1983, Ch. 720, Sec. 1.)
  37. 722.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. )

    Verify source ↗

    Dispositions of income from property that will be received after the instrument is executed are treated under the rules for future interests.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. ) ## 722. Dispositions of the income of property to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition are governed by the rules relating to future interests. (Amended by Stats. 1991, Ch. 156, Sec. 12.)
  38. 723.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. )

    Verify source ↗

    Directions to accumulate income from property are void unless this Title allows them.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. ) ## 723. All directions for the accumulation of the income of property, except such as are allowed by this Title, are void. (Enacted 1872.)
  39. 724.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. )

    Verify source ↗

    Income from property may be accumulated by will, trust, or written transfer, but not beyond the time allowed for vesting future interests.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. ) ## 724. (a) An accumulation of the income of property may be directed by any will, trust or transfer in writing sufficient to pass the property or create the trust out of which the fund is to arise, for the benefit of one or more persons, objects or purposes, but may not extend beyond the time permitted for the vesting of future interests. (b) Notwithstanding subdivision (a), the income arising from real or personal property held in a trust forming part of a profit-sharing plan of an employer for the exclusive benefit of its employees or their beneficiaries or forming part of a retirement plan formed primarily for the purpose of providing benefits for employees on or after retirement may be permitted to accumulate until the fund is sufficient, in the opinion of the trustee or trustees, to accomplish the purposes of the trust. (Amended by Stats. 1991, Ch. 156, Sec. 13.)
  40. 725.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. )

    Verify source ↗

    An accumulation direction is void for any part that lasts longer than the limit set in the previous section, but the rest of the instrument is unaffected.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. ) ## 725. If the direction for an accumulation of the income of property is for a longer term than is limited in the last section, the direction only, whether separable or not from the other provisions of the instrument, is void as respects the time beyond the limit prescribed in said last section, and no other part of such instrument is affected by the void portion of such direction. (Amended by Stats. 1929, Ch. 143.)
  41. 726.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. )

    Verify source ↗

    If beneficiaries of an income accumulation lack enough support or education, the proper court may order a suitable amount from the accumulated fund to be used for them, after an application is made.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Accumulations [722 - 726] ( Article 4 enacted 1872. ) ## 726. When one or more persons for whose benefit an accumulation of income has been directed is or are destitute of other sufficient means of support or education, the proper court, upon application, may direct a suitable sum to be applied thereto out of the fund directed to be accumulated for the benefit of such person or persons. (Amended by Stats. 1929, Ch. 143.)
  42. 731.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

    Verify source ↗

    This chapter may be cited as the Legal Estates Principal and Income Law.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731. This chapter may be cited as the Legal Estates Principal and Income Law. (Added by Stats. 1968, Ch. 193.)
  43. 731.01.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

    Verify source ↗

    This chapter does not change the Personal Income Tax Law or the Bank and Corporation Tax Law.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.01. Nothing in this chapter shall affect the provisions of the Personal Income Tax Law and the Bank and Corporation Tax Law. (Added by Stats. 1968, Ch. 193.)
  44. 731.02.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

    Verify source ↗

    This chapter applies to transactions creating a principal without a trust, for transactions on or after September 13, 1941, and to later similar transactions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.02. This chapter shall apply to all transactions by which a principal was established without the interposition of a trust on or after September 13, 1941, or is hereafter so established. Transactions by which a principal is held in trust are governed by Chapter 3 (commencing with Section 16300) of Part 4 of Division 9 of the Probate Code. (Amended by Stats. 1986, Ch. 820, Sec. 3. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
  45. 731.03.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    This section defines key terms used in the chapter: principal, income, tenant, and remainderman.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.03. (a) “Principal” as used in this chapter means any realty or personalty which has been so set aside or limited by the owner thereof or a person thereto legally empowered that it and any substitutions for it are eventually to be conveyed, delivered, or paid to a person, while the return therefrom or use thereof or any part of such return or use is in the meantime to be taken or received by or held for accumulation for the same or another person; (b) “Income” as used in this chapter means the return derived from principal; (c) “Tenant” as used in this chapter means the person to whom income is presently or currently payable, or for whom it is accumulated or who is entitled to the beneficial use of the principal presently and for a time prior to its distribution; (d) “Remainderman” as used in this chapter means the person ultimately entitled to the principal, whether named or designated by the terms of the transaction by which the principal was established or determined by operation of law. (Added by Stats. 1968, Ch. 193.)
  46. 731.04.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    This section says how income, principal, receipts, and expenses are handled between tenants and remaindermen when property is set up without a trust.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.04. This chapter shall govern the ascertainment of income and principal and the apportionment of receipts and expenses between tenants and remaindermen in all cases where a principal has been established without the interposition of a trust, except that in the establishment of the principal, provision may be made touching all matters covered by this chapter, and the person establishing the principal may himself direct the manner of ascertainment of income and principal and the apportionment of receipts and expenses or grant discretion to the tenant or other person to do so, and such provision and direction, where not otherwise contrary to law shall control notwithstanding this chapter. The exercise by the tenant or other designated person, of such discretionary power if in good faith and according to his best judgment, shall be conclusive, irrespective of whether it may be in accordance with the determination which the court having jurisdiction would have made. (Added by Stats. 1968, Ch. 193.)
  47. 731.05.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    The section classifies certain receipts as income and others as principal, and says income must be paid to the tenant after proper expenses unless another section or the transaction terms provide otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.05. (a) All receipts of money or other property paid or delivered as rent of realty or hire of personalty, or interest on money loaned, or interest on or the rental or use value of property wrongfully withheld or tortiously damaged or otherwise in return for the use of principal, shall be deemed income unless otherwise expressly provided in this chapter. Dividends on corporate shares, payable in stock or otherwise, shall be deemed income except as provided in Section 731.07. (b) All receipts of money or other property paid or delivered as the consideration for the sale or other transfer, not a leasing or letting, of property forming a part of principal, or as a repayment of loans, or in liquidation of the assets of a corporation, or as the proceeds of property taken on eminent domain proceedings where separate awards to tenant and remainderman are not made, or as proceeds of insurance upon property forming a part of the principal except where such insurance has been issued for the benefit of either tenant or remainderman alone, or otherwise as a refund or replacement or change in form of principal, shall be deemed principal unless otherwise expressly provided in this chapter. Any profit or loss resulting upon any change in form of principal shall inure to or fall upon principal, except in the case of property referred to and defined by Section 731.14, in which case the provisions of Section 731.14 shall govern. (c) All income, after payment of expenses properly chargeable to it, shall be paid and delivered to the tenant or retained by him if already in his possession or held for accumulation where legally so directed by the terms of the transaction by which the principal was established; while the principal shall be held for ultimate distribution as determined by the terms of the transaction by which it was established or by law, except in the case of property referred to and defined by Section 731.14, in which case the provisions of Section 731.14 shall govern. (Added by Stats. 1968, Ch. 193.)
  48. 731.06.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    When a tenant’s right to income ends, money already paid to the tenant stays with the tenant or the tenant’s personal representative, and income received after that must be paid to the next person entitled to it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.06. Whenever a tenant’s right to income shall cease by death, or in any other manner, all payments theretofore actually paid to the tenant shall belong to the tenant or to his personal representative; all income actually received after such termination shall be paid to the person next entitled to income by the terms of the transaction by which the principal was established. (Added by Stats. 1968, Ch. 193.)
  49. 731.07.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    This section classifies different kinds of corporate dividends and distributions as principal or income, and lets a tenant rely on the paying corporation’s statement about the source or character of the payment.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.07. (a) All dividends on shares of a corporation forming a part of the principal which are payable (1) In shares of the declaring corporation of the same kind and rank as the shares on which such dividend is paid; and (2) In shares of the declaring corporation of a different kind or rank to the extent that they represent a capitalization of surplus not derived from earnings, shall be deemed principal. Subject to the provisions of this section, all dividends, other than those awarded to principal under (1) and (2) above, including ordinary and extraordinary dividends and dividends payable in shares or other securities or obligations of corporations other than the declaring corporation, shall be deemed income. Where the tenant shall have the option of receiving a dividend either in cash or in the shares of the declaring corporation, it shall be considered as a cash dividend and deemed income, irrespective of the choice made by the tenant except as provided in subdivision (f) of this section. (b) All rights to subscribe to the shares or other securities or obligations of a corporation accruing on account of the ownership of shares or other securities in such corporation, and the proceeds of any sale of such rights shall be deemed principal. All rights to subscribe to the shares or other securities or obligations of a corporation accruing on account of the ownership of shares or other securities in another corporation, and the proceeds of any sale of such rights, shall be deemed income. (c) Where the assets of a corporation are liquidated, amounts paid upon corporate shares as cash dividends declared before such liquidation occurred or as arrears of preferred or guaranteed dividends shall be deemed income; all other amounts paid upon corporate shares on disbursement of the corporate assets to the stockholders shall be deemed principal. All disbursements of corporate assets to the stockholders, whenever made, which are designated by the corporation as a return of capital or division of corporate property shall be deemed principal. (d) Where a corporation succeeds another by merger, consolidation, or reorganization or otherwise acquires its assets, and the corporate shares of the succeeding corporation are issued to the shareholders of the original corporation in like proportion to, or in substitution for, their shares of the original corporation, the two corporations shall be considered a single corporation in applying the provisions of this section. But, two corporations shall not be considered a single corporation under this section merely because one owns corporate shares of or otherwise controls or directs the other. (e) In applying this section the date when a dividend accrues to the person who is entitled to it shall be held to be the date specified by the corporation as the one on which the stockholders entitled thereto are determined, or in default thereof the date of declaration of the dividend. (f) Distributions made from ordinary income by a regulated investment company or by a trust qualifying and electing to be taxed under federal law as a real estate investment trust are income. All other distributions made by the company or trust, including distributions from capital gains, depreciation, or depletion, whether in the form of cash or an option to take new stock or cash or an option to purchase additional shares, are principal. (g) The tenant may rely upon the statement of the paying corporation as to whether dividends are paid from profits or earnings or are a return of capital or division of corporate property, and as to any other fact, relevant under any provision of this chapter, concerning the source or character of dividends or disbursements of corporate assets. (Added by Stats. 1968, Ch. 193.)
  50. 731.08.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    This section sets how certain bonds or money obligations in principal are valued and how gains or losses are allocated to principal. It also says a bond with no stated interest but a higher redemption amount produces income when the accretion is realized.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.08. Where any part of the principal consists of bonds or other obligations for the payment of money, they shall be deemed principal at their inventory value as fixed by the appraiser or appraisers regularly appointed by the court, or, in default thereof, at their market value at the time the principal was established, or at their cost where purchased later, regardless of their par or maturity value; and upon their respective maturities or upon their sale or other disposition any loss or gain realized thereon shall fall upon or inure to the principal, except in the case of property referred to and defined by Section 731.14, in which case the provisions of Section 731.14 shall govern. Where any part of the principal consists of a bond or other obligation for the payment of money, bearing no stated interest but redeemable at maturity or a future time at an amount in excess of the amount in consideration of which it was issued, such accretion, as when realized, shall inure to income. (Added by Stats. 1968, Ch. 193.)
  51. 731.09.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    If a tenant is authorized to use principal in a business, the business profits tied to that principal are treated as income, with special accounting rules for buying-and-selling businesses and other businesses.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.09. (a) Whenever a tenant is authorized by the terms of the transaction by which the principal was established or by law, to use any part of the principal in the continuance of a business which the original owner of the property comprising the principal had been carrying on, the net profits of such business attributable to such principal shall be deemed income. (b) Where such business consists of buying and selling property, the net profits for any period shall be ascertained by deducting from the gross returns during, and the inventory value of the property at the end of, such period, the expenses during, and the inventory value of the property at the beginning of, such period. (c) Where such business does not consist of buying and selling property, the net income shall be computed in accordance with the customary practice of such business, but not in such way as to decrease the principal. (d) Any increase in the value of the principal used in such business shall be deemed principal, and all losses in any one calendar year, after the income from such business for that year has been exhausted, shall fall upon principal. (Added by Stats. 1968, Ch. 193.)
  52. 731.10.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    The section allocates offspring or increase from animals in principal differently depending on why the animals are held.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.10. Where any part of the principal consists of animals employed in business, the provisions of Section 731.09 shall apply; and in other cases where the animals are held as a part of the principal partly or wholly because of the offspring or increase which they are expected to produce, all offspring or increase shall be deemed principal to the extent necessary to maintain the original number of such animals and the remainder shall be deemed income; and in all other cases such offspring or increase shall be deemed income. (Added by Stats. 1968, Ch. 193.)
  53. 731.11.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    This section treats certain proceeds from natural-resource land as income when specified conditions are met, and caps some proceeds at 5% per year before the rest is treated as principal.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.11. (a) Where any part of the principal consists of property in lands from which may be taken timber, minerals, oils, gas, or other natural resources, and the tenant in possession is not under a duty to change the form of the investment of the principal, or (the duty to change the form of the investment being absent) is authorized by law or by the terms of the transaction by which the principal was established, to lease or otherwise develop such natural resources, and no provision is made for the disposition of the net proceeds thereof after the payment of expenses and carrying charges on such property, such proceeds shall be deemed income, whether received as rent or bonus on a lease or as a consideration, by way of royalties or otherwise for the permanent severance of such natural resources from the lands. A duty to change the form of the investment shall be negatived, and authority to develop such natural resources shall be deemed to exist (not excluding other cases where appropriate intent is manifested) where: (1) the resources or the right to exploit them is specifically devised or granted, or (2) where development or exploitation of the resources had begun prior to the transaction by which the principal was established, or (3) where by the terms of that transaction a general authority to lease or otherwise develop is conferred, or (4) where the lands are directed to be retained. The fact that such property received upon creation of the principal does not fall within the category of investments which the tenant or a trustee would be authorized to make under the law or the terms of the particular instrument by which the principal is established, nor the conferring of a mere authority, as distinguished from a direction, to sell such property, shall not be deemed to evidence an intent that the form of the investment shall be changed. (b) Where any part of the principal consists of property in lands containing such natural resources, and the conditions under which the proceeds thereof become income shall not exist, then in the absence of the expression of contrary intent in the terms of the transaction by which the principal was established, all such proceeds from such resources, not in excess of 5 percent per annum of the inventory value of such resources as fixed by the appraiser or appraisers regularly appointed by the court, or in default thereof their fair market value at the time the principal was established, or their cost if acquired later, shall be deemed income and the remainder principal. (c) Nothing in this section shall be construed to abrogate or extend any right which may otherwise have accrued by law to a tenant to develop or work such natural resources for his own benefit. (Added by Stats. 1968, Ch. 193.)
  54. 731.12.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    This section allocates income from depleted property between income and principal, depending on whether the tenant in possession must change the investment form.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.12. Where any part of the principal consists of property subject to depletion, such as leaseholds, patents, copyrights, and royalty rights, and the tenant in possession is not under a duty to change the form of the investment of the principal, the full amount of rents, royalties, or income from the property shall be income to the tenant; but where the tenant is under a duty to change the form of the investment, either at once or as soon as a reasonable price, not representing an undue sacrifice of value, may be obtained, then the rents, royalties or income from such property not in excess of 5 percent per annum of its inventory value as fixed by the appraiser or appraisers regularly appointed by the court, or in default thereof its market value at the time the principal was established or at its cost where purchased later, shall be deemed income and the remainder principal. (Added by Stats. 1968, Ch. 193.)
  55. 731.13.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    A tenant may have to change unproductive investment property into a different form, and if the change is delayed, the tenant is entitled to delayed income from the net proceeds, subject to the section’s formula and reductions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.13. (a) Where any part of a principal in the possession of a tenant consists of realty or personalty which for more than a year and until disposed of as hereinafter stated has not produced an average net income of at least 1 percent per annum of its inventory value as fixed by the appraiser or appraisers regularly appointed by the court, or in default thereof its market value at the time the principal was established or of its cost where purchased or otherwise acquired later, and the tenant is under a duty to change the form of the investment as soon as a reasonable price, not representing an undue sacrifice of value, may be obtained and such change is delayed, but is made before the principal is finally distributed, then the tenant shall be entitled to share in the net proceeds received from the property as delayed income to the extent hereinafter stated. (b) Such income shall be the difference between the net proceeds received from the property and the amount which, had it been placed at simple interest at the rate of 5 percent per annum for the period during which the change was delayed, would have produced the net proceeds at the time of change, but in no event shall such income be more than the amount by which the net proceeds exceed the inventory value of the property as fixed by the appraiser or appraisers regularly appointed by the court, or in default thereof its market value at the time the principal was established or its cost where purchased later. The net proceeds shall consist of the gross proceeds received from the property less any expenses incurred in disposing of it and less all carrying charges which have been paid out of principal during the period while it has been unproductive. (c) The change shall be taken to have been delayed from the time when the duty to make it first arose, which shall be presumed in the absence of evidence to the contrary, to be one year after the tenant first received the property if then unproductive, otherwise one year after it became unproductive. (d) If the tenant has received any income from the property or has had any beneficial use thereof during the period while the change has been delayed, his share of the delayed income shall be reduced by the amount of such income received or the value of the use had. (e) As between successive tenants, or a tenant and a remainderman, delayed income shall be apportioned in the same manner as provided for income by Section 731.06. (Added by Stats. 1968, Ch. 193.)
  56. 731.14.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    This section tells a tenant how to treat property acquired through enforcement of a secured obligation: it is handled as a substituted asset, with income, expenses, and sale proceeds apportioned under the chapter’s rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.14. (a) Where any part of the principal in possession of the tenant consists of an obligation for the payment of money secured by a mortgage or other hypothecation of real or personal property, and by reason of the enforcement of such obligation or by agreement in lieu of enforcement the tenant acquires any property, real or personal, of whatsoever kind, including a money judgment, such property shall be treated as a single substituted asset, and thereafter all income therefrom, expenses incident thereto and proceeds received upon sale, satisfaction, or transfer thereof, not a leasing or letting, excepting gain or profit on such sale, satisfaction or transfer, shall be apportioned in the same manner as provided by this chapter for property of like character acquired by purchase or held as a part of the estate at the time the principal was established. Gain or profit realized on sale, satisfaction, or transfer, not a leasing or a letting, of property referred to in this section shall be credited to the income in an amount up to, but not exceeding, the accrued unpaid interest on the original obligation secured by such property as of the date of its acquisition by enforcement of the obligation or agreement in lieu thereof, and the balance shall be credited to principal. Such credit to income on account of accrued interest shall be in addition to any and all other credits due income by the terms of any other section of this chapter. Should any portion of such credit to income on account of accrued interest be in a form other than cash, then, and in that event, the full amount of such credit to income shall be paid first out of any sums received from the conversion of such asset into cash whether by payment, sale, or transfer before any sums so received shall be paid to principal. As between successive tenants or a tenant and a remainderman, all sums paid hereunder on account of accrued interest shall be apportioned in the same manner as provided for income by Section 731.06. The cost price of the property shall be the unpaid balance of the principal sum of the debt secured by such property, plus all sums whenever paid on any of the following items: (1) All costs, charges, and expenses incident to the acquisition of such property; (2) All taxes, bonds, and assessments, or any of them, which were payable at the date of the acquisition of such property by the tenant, excepting, however, interest accruing thereon from the date of the acquisition of such property by the tenant; and all such sums shall be a charge against the principal. (b) Upon the sale, surrender, or other disposition of a bond, debenture, note, or other evidence of an indebtedness, voluntarily created, or of a certificate of deposit evidencing the deposit of any such instrument with a protective or reorganization committee, or of stock or other security received through paricipation in the enforcement of such obligation or the foreclosure of the security therefor, upon which bond or other obligation there is overdue unpaid interest which accrued after the establishment of the principal, the proceeds realized upon such sale, surrender, or other disposition, after repayment (1) of expenses incurred in connection therewith and (2) of any sums paid to protect or preserve such security, shall be divided pro rata between income and principal, computing interest at the rate specified in such obligation. The amount allocable to income shall in no case exceed the interest accrued and unpaid on the original obligation up to the time of such sale or other disposition or, where another security has been received in lieu of the original obligation, the income which would have accrued on the latter up to such time, less income received from the original or the substituted security. The terms sale, surrender, or other disposition, as above used, shall include compromise, settlement, accord and satisfaction, and similar arrangements. (Added by Stats. 1968, Ch. 193.)
  57. 731.15.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. )

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    This section allocates various principal-and-income expenses between income and principal, and directs several categories of costs to be paid from principal.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Legal Estates Principal and Income Law [731 - 731.15] ( Chapter 2.6 added by Stats. 1968, Ch. 193. ) ## 731.15. (a) All ordinary expenses incurred in connection with the principal or with its administration and management, including regularly recurring taxes assessed against any portion of the principal, water rates, premiums on insurance taken upon the estates of both tenant and remainderman, interest on mortgages on the principal, ordinary repairs, compensation of assistants and court costs on regular accountings, except attorneys’ fees, shall be paid out of income. But such expenses where incurred in disposing of, or as carrying charges on, unproductive property as defined in Section 731.13, shall be paid out of principal, subject to the provisions of subdivision (b) of Section 731.13. Attorneys’ fees for ordinary or current services shall be paid one-half out of income; one-half out of principal or in such other proportion as the court may direct. (b) Attorneys’ fees and other costs incurred in maintaining or defending any action to protect the property or assure the title thereof, unless due to the fault or cause of the tenant, costs of, or assessments for, improvements to property forming part of the principal, brokers’ commissions, title charges, and other costs incurred in connection with purchasing, selling, or leasing property, or investing or reinvesting principal, and all other expenses, except as specified in subdivision (a) of this section, shall be paid out of principal. Any tax levied by any authority, federal, state, or foreign, upon profit or gain defined under the terms of subdivision (b) of Section 731.05 shall be paid out of principal, notwithstanding such tax may be denominated a tax upon income by the taxing authority. (Added by Stats. 1968, Ch. 193.)
  58. 732.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 3. Rights of Owners [732 - 733] ( Chapter 3 enacted 1872. )

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    A thing’s owner also owns its products and accessions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 3. Rights of Owners [732 - 733] ( Chapter 3 enacted 1872. ) ## 732. The owner of a thing owns also all its products and accessions. (Enacted 1872.)
  59. 733.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 3. Rights of Owners [732 - 733] ( Chapter 3 enacted 1872. )

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    If income is left undisposed of while ownership or alienation is suspended under a valid future-interest limitation, it goes to the people presumptively entitled to the next eventual interest.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 3. Rights of Owners [732 - 733] ( Chapter 3 enacted 1872. ) ## 733. When, in consequence of a valid limitation of a future interest, there is a suspension of the power of alienation or of the ownership during the continuation of which the income is undisposed of, and no valid direction for its accumulation is given, such income belongs to the persons presumptively entitled to the next eventual interest. (Enacted 1872.)
  60. 739.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 4. Termination of Ownership [739 - 742] ( Chapter 4 enacted 1872. )

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    A future interest based on someone dying without heirs is defeated if that person later has a posthumous child who can inherit.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 4. Termination of Ownership [739 - 742] ( Chapter 4 enacted 1872. ) ## 739. A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession. (Enacted 1872.)
  61. 740.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 4. Termination of Ownership [739 - 742] ( Chapter 4 enacted 1872. )

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    A future interest can be defeated if that was provided for or authorized when it was created, and that does not make the future interest void.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 4. Termination of Ownership [739 - 742] ( Chapter 4 enacted 1872. ) ## 740. A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation. (Enacted 1872.)
  62. 741.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 4. Termination of Ownership [739 - 742] ( Chapter 4 enacted 1872. )

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    A future interest generally cannot be defeated or barred by acts of the owner of an intermediate or precedent interest, subject to stated exceptions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 4. Termination of Ownership [739 - 742] ( Chapter 4 enacted 1872. ) ## 741. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by the next section, or where a forfeiture is imposed by statute as a penalty for the violation thereof. (Enacted 1872.)
  63. 742.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 4. Termination of Ownership [739 - 742] ( Chapter 4 enacted 1872. )

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    A valid future interest is not destroyed just because the earlier interest ends before the contingency happens; if the contingency later occurs, the future interest takes effect as if the earlier interest had continued.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 4. Termination of Ownership [739 - 742] ( Chapter 4 enacted 1872. ) ## 742. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period. (Enacted 1872.)
  64. 748.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 3. GENERAL DEFINITIONS [748 - 749] ( Title 3 enacted 1872. )

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    This section defines “income of property” for this part of the Civil Code.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 3. GENERAL DEFINITIONS [748 - 749] ( Title 3 enacted 1872. ) ## 748. The income of property, as the term is used in this Part of the Code, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property. (Enacted 1872.)
  65. 749.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 3. GENERAL DEFINITIONS [748 - 749] ( Title 3 enacted 1872. )

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    This section says when a limitation, condition, or future interest is treated as created: on delivery of the grant, or on the testator’s death if created by will.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 3. GENERAL DEFINITIONS [748 - 749] ( Title 3 enacted 1872. ) ## 749. The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest, within the meaning of this Part of the Code. (Enacted 1872.)
  66. 761.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    This section classifies estates in real property by how long they last.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 761. Estates in real property, in respect to the duration of their enjoyment are either: l. Estates of inheritance or perpetual estates; 2. Estates for life; 3. Estates for years; or, 4. Estates at will. (Enacted 1872.)
  67. 763.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    Estates tail are abolished, and former fee tail estates become fee simple estates; if no valid remainder is limited, they become fee simple absolute.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 763. Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple; and if no valid remainder is limited thereon, is a fee simple absolute. (Enacted 1872.)
  68. 764.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A remainder in fee limited on an estate that would have been a fee tail at common law is valid as a contingent limitation, and it vests when the first taker dies without issue living at that time.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 764. Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession on the death of the first taker, without issue living at the time of his death. (Enacted 1872.)
  69. 765.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    This section classifies three kinds of estates: estates of inheritance and for life are estates of freehold, estates for years are chattels real, and estates at will are chattel interests and are not subject to enforcement of a money judgment.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 765. Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not subject to enforcement of a money judgment. (Amended by Stats. 1982, Ch. 497, Sec. 2. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  70. 767.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A party may limit a future estate to begin possession at a later date.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 767. A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time. (Enacted 1872.)
  71. 768.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A reversion is the remaining estate left in the grantor or certain successors, which begins when the prior particular estate ends.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 768. A reversion is the residue of an estate left by operation of law in the grantor or his successors, or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised. (Enacted 1872.)
  72. 769.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A future estate that depends on a precedent estate, and is not a reversion, may be called a remainder.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 769. When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. (Enacted 1872.)
  73. 773.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    This section allows certain future interests in real property, including future-starting freehold estates, life estates in terms of years, remainders, and a fee on a fee subject to a contingency within the statutory perpetuities period.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 773. Subject to the rules of this title, and of Part 1 of this division, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed by the statutory rule against perpetuities in Article 2 (commencing with Section 21205) of Chapter 1 of Part 2 of Division 11 of the Probate Code. (Amended by Stats. 1991, Ch. 156, Sec. 14.)
  74. 778.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A remainder can be made conditional on a contingency, and if the contingency happens it may cut short or end the earlier estate.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 778. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation. (Enacted 1872.)
  75. 779.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    When a life estate ends, the persons who are the successors or heirs of the body of the life tenant take the remainder, not merely as successors of the life tenant.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 779. When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life. (Enacted 1872.)
  76. 780.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A remainder on a life estate or term of years is treated as taking effect only when the first taker dies or the term ends, if no contingency cuts off the prior estate.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 780. When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years. (Enacted 1872.)
  77. 781.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A power of appointment does not stop a future estate from vesting if the power is not exercised.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 781. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed. (Enacted 1872.)
  78. 782.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A deed provision in California real property that tries to bar sales, leases, rentals, use, or occupancy based on listed characteristics is void.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 782. (a) Any provision in any deed of real property in California, whether executed before or after the effective date of this section, that purports to restrict the right of any persons to sell, lease, rent, use, or occupy the property to persons having any characteristic 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, by providing for payment of a penalty, forfeiture, reverter, or otherwise, is void. (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 of this code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of this code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended (as amended by Stats. 2012, Ch. 181, Sec. 22) by Stats. 2013, Ch. 605, Sec. 10. (SB 752) Effective January 1, 2014.)
  79. 782.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    Certain discriminatory provisions in deeds and related real-property instruments must be treated as omitted.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 782.5. (a) Any deed or other written instrument that relates to title to real property, or any written covenant, condition, or restriction annexed or made a part of, by reference or otherwise, any deed or instrument that relates to title to real property, which contains any provision that purports to forbid, restrict, or condition the right of any person or persons to sell, buy, lease, rent, use, or occupy the property on account of 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, with respect to any person or persons, shall be deemed to be revised to omit that provision. (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 of this code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of this code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (c) This section shall not be construed to limit or expand the powers of a court to reform a deed or other written instrument. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 23) by Stats. 2013, Ch. 605, Sec. 11. (SB 752) Effective January 1, 2014.)
  80. 783.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    A condominium is a kind of real-property estate, and its enjoyment period may be an inheritance/perpetual estate, a life estate, a term-of-years estate, or a combination.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 783. A condominium is an estate in real property described in Section 4125 or 6542. A condominium may, with respect to the duration of its enjoyment, be either (1) an estate of inheritance or perpetual estate, (2) an estate for life, (3) an estate for years, such as a leasehold or a subleasehold, or (4) any combination of the foregoing. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 24) by Stats. 2013, Ch. 605, Sec. 12. (SB 752) Effective January 1, 2014.)
  81. 783.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    This section says that certain interests in a stock cooperative are interests in real property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 783.1. In a stock cooperative, as defined in Section 4190 or 6566, both the separate interest, as defined in paragraph (4) of subdivision (a) of Section 4185 or in paragraph (3) of subdivision (a) of Section 6564, and the correlative interest in the stock cooperative corporation, however designated, are interests in real property. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 25) by Stats. 2013, Ch. 605, Sec. 13. (SB 752) Effective January 1, 2014.)
  82. 784.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. )

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    This section defines “restriction” for statutes that incorporate it by reference.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 1. Estates in General [761 - 784] ( Chapter 1 enacted 1872. ) ## 784. “Restriction,” when used in a statute that incorporates this section by reference, means a limitation on, or provision affecting, the use of real property in a deed, declaration, or other instrument, whether in the form of a covenant, equitable servitude, condition subsequent, negative easement, or other form of restriction. (Added by Stats. 1998, Ch. 14, Sec. 1. Effective January 1, 1999.)
  83. 789.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. )

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    A landlord may end a tenancy or other estate at will by giving the tenant written notice.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. ) ## 789. A tenancy or other estate at will, however created, may be terminated by the landlord’s giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than 30 days, to be specified in the notice. (Amended by Stats. 2002, Ch. 664, Sec. 32. Effective January 1, 2003.)
  84. 789.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. )

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    A landlord may not use utility cutoffs, lock changes, door/window removal, or removal of a tenant’s property to force a resident out, and violations can lead to civil damages and fees.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. ) ## 789.3. (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord. (b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully: (1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device; (2) Remove outside doors or windows; or (3) Remove from the premises the tenant’s personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3. Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Section 1940. (c) Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following: (1) Actual damages of the tenant. (2) An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action. Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to a separate award of damages. (d) In any action under subdivision (c) the court shall award reasonable attorney’s fees to the prevailing party. In any such action the tenant may seek appropriate injunctive relief to prevent continuing or further violation of the provisions of this section during the pendency of the action. The remedy provided by this section is not exclusive and shall not preclude the tenant from pursuing any other remedy which the tenant may have under any other provision of law. (Amended by Stats. 1979, Ch. 333.)
  85. 790.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. )

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    After the required notice has been served and its stated period has expired, the landlord may reenter or use lawful proceedings to recover possession.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. ) ## 790. After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reënter, or proceed according to law to recover possession. (Enacted 1872.)
  86. 791.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. )

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    A grantor or lessor with a right of reentry may reenter after the right accrues, but generally must give three days’ notice.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. ) ## 791. Whenever the right of reentry is given to a grantor or a lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon three days’ notice, as provided in sections 1161 and 1162, Code of Civil Procedure; provided, however, that the said three days’ notice shall not be required in cases where the hiring of real property is for a term not specified by the parties and where such hiring was terminated under and in accordance with the provisions of section 1946 of the Civil Code. (Amended by Stats. 1931, Ch. 1033.)
  87. 792.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. )

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    This section points to Code of Civil Procedure Sections 1159 to 1175 for summary proceedings to recover possession of real property that was forcibly entered or forcibly and unlawfully detained.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. ) ## 792. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in Sections 1159 to 1175, both inclusive, of the Code of Civil Procedure. (Enacted 1872.)
  88. 793.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. )

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    A possession action for leased or granted real property with a right of re-entry may be brought after the right to re-enter has accrued, without the notice required by section 791.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2. Termination of Estates [789 - 793] ( Chapter 2 enacted 1872. ) ## 793. An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right to re-enter has accrued, without the notice prescribed in section seven hundred and ninety-one. (Amended by Stats. 1905, Ch. 438.)
  89. 798.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    This chapter is called the “Mobilehome Residency Law,” and it may be cited by that name.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798. This chapter shall be known and may be cited as the “Mobilehome Residency Law.” (Amended by Stats. 1992, Ch. 958, Sec. 1. Effective September 28, 1992.)
  90. 798.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    This section says the listed definitions govern how this chapter is interpreted, unless the provisions or context require otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.1. Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter. (Added by Stats. 1978, Ch. 1031.)
  91. 798.10.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    “Change of use” is defined as a non-rental use of a mobilehome park, with stated exceptions and examples.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.10. “Change of use” means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. “Change of use” includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold. (Amended by Stats. 1980, Ch. 137, Sec. 1.)
  92. 798.11.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    “Resident” means a homeowner or another person who lawfully occupies a mobilehome.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.11. “Resident” is a homeowner or other person who lawfully occupies a mobilehome. (Amended by Stats. 1982, Ch. 1397, Sec. 3.)
  93. 798.12.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    This section defines “tenancy” as a homeowner’s right to use a site in a mobilehome park for a mobilehome and related structures, plus park services and facilities.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.12. “Tenancy” is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park. (Amended by Stats. 1982, Ch. 1397, Sec. 4.)
  94. 798.13.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    This chapter generally does not apply to certain state-run employee housing areas, but a state employer must give at least 60 days’ notice before ending the tenancy of a privately owned mobilehome occupied by a state employee in one of those areas.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.13. (a) This chapter does not apply to any area owned, operated, or maintained by the state for the purpose of providing employee housing or space for a mobilehome owned or occupied by an employee of the state. (b) Notwithstanding subdivision (a), a state employer shall provide the occupant of a privately owned mobilehome that is situated in an employee housing area owned, operated, or maintained by the state, and that is occupied by a state employee by agreement with his or her state employer and subject to the terms and conditions of that state employment, with a minimum of 60-days’ notice prior to terminating the tenancy for any reason. (Added by Stats. 2000, Ch. 471, Sec. 1. Effective January 1, 2001.)
  95. 798.14.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    This section defines “affirmative, written consent” and lets a homeowner or resident revoke electronic-mail notice consent at any time. If management gets that consent, it must deliver a required notice within five days.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.14. (a) For the purposes of this section, “affirmative, written consent” means express written consent obtained separately from, and not contained in, any lease or rental agreement and that is not a condition of the tenancy. (b) Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner and resident, or deposited in the United States mail, postage prepaid, addressed to the homeowner and resident at their site within the mobilehome park. (c) All notices required by subdivisions (c) and (i) of Section 798.15 and by Section 798.43.1 to be delivered prior to February 1 of each year may be combined in one notice that contains all the information required by the sections under which the notices are given, and may be delivered to the homeowner and resident by electronic mail if the homeowner or resident has provided affirmative, written consent that clearly and conspicuously states that the homeowner or resident agrees to receive notices by electronic mail and includes the address to which the notices may be sent. (d) A homeowner or resident’s affirmative, written consent to receive notices by electronic mail pursuant to subdivision (c) may be revoked by the homeowner or resident at any time, without any fee, charge, or penalty, and without any impact on the terms of the homeowner or resident’s tenancy. A homeowner’s or resident’s revocation shall be honored so long as it is in writing and indicates the intention of the homeowner or resident to no longer receive notices by electronic mail. (e) (1) All management who obtains the affirmative, written consent of a homeowner or resident to receive notices by electronic mail pursuant to subdivision (c) shall, within five days, deliver personally or by mail to each homeowner or resident who gives consent the following notice, in English and any language set forth in subdivision (b) of Section 1632 used as the primary language during the negotiation of the rental agreement, in a clear and conspicuous manner, in at least 10-point Arial equivalent type: “You have agreed to receive only electronic copies of notices that your mobilehome park management is required to send you by law. This means that you may not receive important notices on your door or in the mail. You may revoke this agreement, without any penalty or obligation, at any time. To revoke this agreement, send a written notice to your management that states that you no longer agree to receive electronic notices.” (2) The notice described in paragraph (1) shall include the name and address of the entity to whom the homeowner or resident may deliver revocation of affirmative, written consent. (Amended by Stats. 2025, Ch. 339, Sec. 1. (AB 391) Effective January 1, 2026.)
  96. 798.15.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. )

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    Mobilehome rental agreements must be written and include specified terms and notices, and management and homeowners each have listed duties, rights, and limits.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. ) ## 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 provided as an exhibit and shall be incorporated into the rental agreement by reference. Management shall do one of the following prior to February 1 of each year, if a significant change was made in this chapter by legislation enacted in the prior year: (1) Provide all homeowners with a copy of this chapter. (2) Provide written notice to all homeowners that there has been a change to this chapter and that they may obtain one copy of this chapter from management at no charge. Management shall provide a copy within a reasonable time, not to exceed seven days, upon request. (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 the homeowner’s 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. (i) A copy of the following notice. Management shall also, prior to February 1 of each year, provide a copy of the following notice to all homeowners:IMPORTANT NOTICE TO ALL MANUFACTURED HOME/MOBILEHOME OWNERS: CALIFORNIA LAW REQUIRES THAT YOU BE MADE AWARE OF THE FOLLOWING: The Mobilehome Residency Law (MRL), found in Section 798 et seq. of the Civil Code, establishes the rights and responsibilities of homeowners and park management. The MRL is deemed a part of the terms of any park rental agreement or lease. This notice is intended to provide you with a general awareness of selected parts of the MRL and other important laws. It does not serve as a legal explanation or interpretation. For authoritative information, you must read and understand the laws. These laws change from time to time. In any year in which the law has changed, you may obtain one copy of the full text of the law from management at no charge. This notice is required by Civil Code Section 798.15(i) and the information provided may not be current. Homeowners and park management have certain rights and responsibilities under the MRL. These include, but are not limited to: 1. Management must give a homeowner written notice of any increase in the rent at least 90 days before the date of the increase. (Civil Code Section 798.30) 2. No rental or sales agreement may contain a provision by which a purchaser or a homeowner waives any of their rights under the MRL. (Civil Code Sections 798.19, 798.77) 3. Management may not terminate or refuse to renew a homeowner’s tenancy except for one or more of the authorized reasons set forth in the MRL. (Civil Code Sections 798.55, 798.56) Homeowners must pay rent, utility charges, and reasonable incidental service charges in a timely manner. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56) 4. Homeowners, residents, and their guests must comply with the rental agreement or lease, including the reasonable rules and regulations of the park and all applicable local ordinances and state laws and regulations relating to mobilehomes. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56) 5. Homeowners have a right to peacefully assemble and freely communicate with respect to mobilehome living and for social or educational purposes. Homeowners have a right to meet in the park, at reasonable hours and in a reasonable manner, for any lawful purpose. Homeowners may not be charged a cleaning deposit in order to use the park clubhouse for meetings of resident organizations or for other lawful purposes, such as to hear from political candidates, so long as a homeowner of the park is hosting the meeting and all park residents are allowed to attend. Homeowners may not be required to obtain liability insurance in order to use common facilities unless alcohol is served. (Civil Code Sections 798.50, 798.51) 6. If a home complies with certain standards, the homeowner is entitled to sell it in place in the park. If you sell your home, you are required to provide a manufactured home and mobilehome transfer disclosure statement to the buyer prior to sale. (Civil Code Section 1102.6d) When a home is sold, the owner is required to transfer the title to the buyer. The sale of the home is not complete until you receive the title from the seller. It is the responsibility of the buyer to also file paperwork with the Department of Housing and Community Development to register the home in the buyer’s name. (Civil Code Sections 798.70–798.74) 7. Management has the right to enter the space upon which a mobilehome is situated for maintenance of utilities, trees, and driveways; for inspection and maintenance of the space in accordance with the rules and regulations of the park when the homeowner or resident fails to maintain the space; and for protection and maintenance of the mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with the resident’s quiet enjoyment of the resident’s home. (Civil Code Section 798.26) 8. A homeowner may not make any improvements or alterations to the homeowner’s space or home without following the rules and regulations of the park and all applicable local ordinances and state laws and regulations, which may include obtaining a permit to construct, and, if required by park rules or the rental agreement, without prior written approval of management. Failure to comply could be grounds for eviction from the park. (Civil Code Section 798.56) 9. In California, mobilehome owners must pay annual property tax to the county tax collector or an annual fee in lieu of taxes to the Department of Housing and Community Development (HCD). If you are unsure which to pay, contact HCD. Failure to pay taxes or in lieu fees can have serious consequences, including losing your home at a tax sale. 10. For more information on registration, titling, and taxes, contact: the Department of Housing and Community Development at www.hcd.ca.gov (800) 952-8356; your County Tax Collector; or call your local county government. 11. The Mobilehome Residency Law Protection Program (MRLPP), found in Section 18800 et seq. of the Health and Safety Code, protects and safeguards mobilehome homeowners and residents by affording them an additional avenue to enforce violations of the MRL. The Department of Housing and Community Development (HCD) administers the program by providing assistance in taking complaints and helping to resolve and coordinate the resolution of those complaints from homeowners and residents relating to the MRL. The HCD contracts with nonprofit legal service providers and refers complaints of alleged MRL violations to these legal service providers. The HCD may not arbitrate, mediate, negotiate, or provide legal advice in connection with mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues to the complaining party, management, or other responsible party. The MRLPP is funded by an annual registration fee of $10.00 for each permitted mobilehome lot, collected from management, which management may pass on and collect from the homeowner at the time of rent payment. The annual MRLPP registration fee must appear as a separate line item on the rent bill and be accompanied by a clear written description of the purposes of the charge, along with contact information for the HCD. For questions regarding the fee or the MRLPP, contact: the HCD at MHAssistance@hcd.ca.gov or by calling (800) 952-8356. (Amended by Stats. 2024, Ch. 397, Sec. 1. (AB 2399) Effective January 1, 2025.)
  97. 798.16.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. )

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    A rental agreement may include other lawful provisions and does not have to repeat specific state or local law language outside this chapter. Management must return the signed, executed agreement to the homeowner within 15 business days after receiving the homeowner-signed agreement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. ) ## 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. (Amended by Stats. 2004, Ch. 302, Sec. 1. Effective January 1, 2005.)
  98. 798.18.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. )

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    A homeowner must be offered a rental agreement with specified term options, and the agreement cannot change certain rent, utility, or reasonable service charge terms during the first 12 months compared with month-to-month terms.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. ) ## 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. (Amended by Stats. 1992, Ch. 289, Sec. 2. Effective January 1, 1993.)
  99. 798.19.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. )

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    A mobilehome rental agreement cannot require the homeowner to waive rights under Articles 1 to 8 of this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. ) ## 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. (Amended by Stats. 1982, Ch. 1397, Sec. 7.)
  100. 798.19.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. )

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    Rental agreements entered into or renewed on or after January 1, 2006, cannot give management a right of first refusal to buy a homeowner’s mobilehome in the park, except through a separate agreement for separate consideration.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. ) ## 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. (Added by Stats. 2005, Ch. 35, Sec. 1. Effective January 1, 2006.)
  101. 798.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    “Management” means the mobilehome park owner, or an authorized agent or representative acting for the owner in tenancy matters.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.2. “Management” means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the park. (Added by Stats. 1978, Ch. 1031.)
  102. 798.20.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. )

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    A park-related membership condition for tenancy may not be denied on specified discrimination bases, with a familial-status exception for housing for older persons.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. ) ## 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 4760 of this code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended by Stats. 2012, Ch. 181, Sec. 26. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  103. 798.21.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. )

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    This section exempts certain mobilehome spaces from local rent caps and requires management to give written notice and documents before changing rent or tenancy terms based on record reviews.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. ) ## 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. (Amended by Stats. 2003, Ch. 132, Sec. 1. Effective January 1, 2004.)
  104. 798.22.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. )

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    New mobilehome parks developed after January 1, 1982 may not rent mobilehome spaces for recreational vehicles unless the park has a separate designated area for recreational vehicles.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 2. Rental Agreement [798.15 - 798.22] ( Article 2 added by Stats. 1978, Ch. 1031. ) ## 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. (Amended by Stats. 1993, Ch. 666, Sec. 3. Effective January 1, 1994.)
  105. 798.23.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    Management must follow park rules, with specific exceptions, and may rent mobilehomes only within the limits stated here.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.23. (a) Management shall be subject to, and comply with, all park rules and regulations to the same extent as residents and their guests. (b) Subdivision (a) of this section does not apply to either of the following: (1) Any rule or regulation that governs the age of any resident or guest. (2) Acts of management that are undertaken to fulfill management’s maintenance, management, and business operation responsibilities. (c) (1) Notwithstanding subdivision (b) and subject to paragraph (2), management shall be subject to, and comply with, all rules and regulations that prohibit a homeowner from renting or subleasing the homeowner’s mobilehome or mobilehome space. (2) (A) If a rule or regulation has been enacted that prohibits either renting or subleasing by a homeowner, management shall not directly rent a mobilehome except as follows: (i) Management may directly rent up to two mobilehomes within the park for the purpose of housing onsite employees. (ii) For every 200 mobilehomes in a park, the management may directly rent one more mobilehome within the park, in addition to the mobilehomes authorized for direct rental pursuant to clause (i), for the purpose of housing onsite employees. (B) For purposes of this paragraph, “the purpose of housing onsite employees” includes directly renting a mobilehome to a person who is not an onsite employee to avoid a vacancy during times when the mobilehome is authorized for direct rental pursuant to subparagraph (A) and not needed for housing onsite employees. (d) Notwithstanding subdivision (c), management may continue to directly rent a mobilehome to a tenant if both of the following apply: (1) The tenancy was initially established by a rental agreement executed before January 1, 2022. (2) A tenant listed on the rental agreement described in paragraph (1) continues to occupy the mobilehome. (e) (1) A park shall be exempt from the provisions of subdivision (c) if either of the following apply: (A) The park is owned and operated by an organization that qualifies as an exempt organization under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and the property has been granted an exemption from property taxation pursuant to Section 214 of the Revenue and Taxation Code. (B) The park is owned by a government agency or an entity controlled by a government agency, and has an affordability covenant in place. (2) The exemption contained in paragraph (1) applies only to those mobilehomes or mobilehome sites within a park that are restricted for use as affordable housing pursuant to either a written regulatory agreement or the policy or practice of the exempt organization or government agency. (Amended by Stats. 2021, Ch. 706, Sec. 1. (AB 861) Effective January 1, 2022.)
  106. 798.23.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    Management must allow a homeowner to rent or sublet a mobilehome only when the section’s conditions are met, and the homeowner and renter must follow the listed limits.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.23.5. (a) (1) Management shall permit a homeowner to rent his or her home that serves as the homeowner’s primary residence or sublet his or her space, under the circumstances described in paragraph (2) and subject to the requirements of this section. (2) A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician. (b) The following provisions shall apply to a rental or sublease pursuant to this section: (1) The minimum term of the rental or sublease shall be six months, unless the management approves a shorter term, but no greater than 12 months, unless management approves a longer term. (2) The management may require approval of a prospective renter or sublessee, subject to the process and restrictions provided by subdivision (a) of Section 798.74 for prospective purchasers of mobilehomes. A prospective sublessee shall comply with any rule or regulation limiting residency based on age requirements, pursuant to Section 798.76. The management may charge a prospective sublessee a credit screening fee for the actual cost of any personal reference check or consumer credit report that is provided by a consumer credit reporting agency, as defined in Section 1785.3, if the management or his or her agent requires that personal reference check or consumer credit report. (3) The renter or sublessee shall comply with all rules and regulations of the park. The failure of a renter or sublessee to comply with the rules and regulations of the park may result in the termination of the homeowner’s tenancy in the mobilehome park, in accordance with Section 798.56. A homeowner’s tenancy may not be terminated under this paragraph if the homeowner completes an action for unlawful detainer or executes a judgment for possession, pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure within 60 days of the homeowner receiving notice of termination of tenancy. (4) The homeowner shall remain liable for the mobilehome park rent and other park charges. (5) The management may require the homeowner to reside in the mobilehome park for a term of one year before management permits the renting or subletting of a mobilehome or mobilehome space. (6) Notwithstanding subdivision (a) of Section 798.39, if a security deposit has been refunded to the homeowner pursuant to subdivision (b) or (c) of Section 798.39, the management may require the homeowner to resubmit a security deposit in an amount or value not to exceed two months’ rent in addition to the first month’s rent. Management may retain this security deposit for the duration of the term of the rental or sublease. (7) The homeowner shall keep his or her current address and telephone number on file with the management during the term of rental or sublease. If applicable, the homeowner may provide the name, address, and telephone number of his or her legal representative. (c) A homeowner may not charge a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any. (Amended by Stats. 2011, Ch. 296, Sec. 32. (AB 1023) Effective January 1, 2012.)
  107. 798.24.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    Common area facilities must be open or available to residents at all reasonable hours, and the hours must be posted at the facility.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.24. Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the facility. (Amended by Stats. 2001, Ch. 83, Sec. 1. Effective January 1, 2002.)
  108. 798.25.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    If park management wants to amend park rules, it must give notice and meet with homeowners before implementation, and some amendments need specific advance notice or homeowner consent.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.25. (a) Except as provided in subdivision (d), when the management proposes an amendment to the park’s rules and regulations, the management shall meet and consult with the homeowners in the park, their representatives, or both, after written notice has been given to all the homeowners in the park 10 days or more before the meeting. The notice shall set forth the proposed amendment to the park’s rules and regulations and shall state the date, time, and location of the meeting. (b) Except as provided in subdivision (d) following the meeting and consultation with the homeowners, the noticed amendment to the park’s rules and regulations may be implemented, as to any homeowner, with the consent of that homeowner, or without the homeowner’s consent upon written notice of not less than six months, except for regulations applicable to recreational facilities, which may be amended without homeowner consent upon written notice of not less than 60 days. (c) Written notice to a homeowner whose tenancy commences within the required period of notice of a proposed amendment to the park’s rules and regulations under subdivision (b) or (d) shall constitute compliance with this section where the written notice is given before the inception of the tenancy. (d) When the management proposes an amendment to the park’s rules and regulations mandated by a change in the law, including, but not limited to, a change in a statute, ordinance, or governmental regulation, the management may implement the amendment to the park’s rules and regulations, as to any homeowner, with the consent of that homeowner or without the homeowner’s consent upon written notice of not less than 60 days. For purposes of this subdivision, the management shall specify in the notice the citation to the statute, ordinance, or regulation, including the section number, that necessitates the proposed amendment to the park’s rules and regulations. (e) Any amendment to the park’s rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable. (Amended by Stats. 2005, Ch. 22, Sec. 11. Effective January 1, 2006.)
  109. 798.25.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    A mobilehome park rule is void and unenforceable if management adopts it without homeowners’ consent and it tries to deny a jury trial or require binding arbitration.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.25.5. Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the management, (b) is implemented without the consent of the homeowners, and (c) by its terms purports to deny homeowners their right to a trial by jury or which would mandate binding arbitration of any dispute between the management and homeowners shall be void and unenforceable. (Added by Stats. 1993, Ch. 889, Sec. 1. Effective January 1, 1994.)
  110. 798.26.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    A park’s ownership or management generally may not enter a mobilehome or enclosed accessory structure without the resident’s prior written consent, except in emergencies or when the structure has been abandoned.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.26. (a) Except as provided in subdivision (b), the ownership or management of a park shall have no right of entry to a mobilehome or enclosed accessory structure without the prior written consent of the resident. The consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, trees, and driveways, for maintenance of the premises in accordance with the rules and regulations of the park when the homeowner or resident fails to so maintain the premises, and protection of the mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with the resident’s quiet enjoyment. (b) The ownership or management of a park may enter a mobilehome or enclosed accessory structure without the prior written consent of the resident in case of an emergency or when the resident has abandoned the mobilehome or accessory structure. (Amended by Stats. 2008, Ch. 115, Sec. 1. Effective January 1, 2009.)
  111. 798.27.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    Management must give written notice to homeowners and prospective homeowners about the park’s zoning or use permit and certain lease information.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.27. (a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use permit under which the mobilehome park operates. If the mobilehome park is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice. (2) The duration of any lease of the mobilehome park, or any portion thereof, in which the management is a lessee. (b) If a change occurs concerning the zoning or use permit under which the park operates or a lease in which the management is a lessee, all homeowners shall be given written notice within 30 days of that change. Notification regarding the change of use of the park, or any portion thereof, shall be governed by subdivision (g) of Section 798.56. A prospective homeowner shall be notified prior to the inception of the tenancy. (Amended by Stats. 1991, Ch. 190, Sec. 1.)
  112. 798.28.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    Mobilehome park management must, in writing, provide the owner’s name, business address, and business telephone number within 10 business days after a homeowner’s written request.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.28. The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, and business telephone number of the mobilehome park owner upon the receipt of a written request of a homeowner. (Amended by Stats. 2017, Ch. 31, Sec. 1. (AB 294) Effective January 1, 2018.)
  113. 798.28.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    Park management may remove certain parked vehicles, but usually must give seven days’ windshield notice first and must not remove work/employment or advertising vehicles in protected parking areas except in stated exceptions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.28.5. (a) Except as otherwise provided in this section, the management may cause the removal, pursuant to Section 22658 of the Vehicle Code, of a vehicle other than a mobilehome that is parked in the park when there is displayed a sign at each entrance to the park as provided in paragraph (1) of subdivision (a) of Section 22658 of the Vehicle Code. (b) (1) Management may not cause the removal of a vehicle from a homeowner’s or resident’s driveway or a homeowner’s or resident’s designated parking space except if management has first posted on the windshield of the vehicle a notice stating management’s intent to remove the vehicle in seven days and stating the specific park rule that the vehicle has violated that justifies its removal. After the expiration of seven days following the posting of the notice, management may remove a vehicle that remains in violation of a rule for which notice has been posted upon the vehicle. If a vehicle rule violation is corrected within seven days after the rule violation notice is posted on the vehicle, the vehicle may not be removed. If a vehicle upon which a rule violation notice has been posted is removed from the park by a homeowner or resident and subsequently is returned to the park still in violation of the rule stated in the notice, management is not required to post any additional notice on the vehicle, and the vehicle may be removed after the expiration of the seven-day period following the original notice posting. (2) If a vehicle poses a significant danger to the health or safety of a park resident or guest, or if a homeowner or resident requests to have a vehicle removed from their driveway or designated parking space, the requirements of paragraph (1) do not apply, and management may remove the vehicle pursuant to Section 22658 of the Vehicle Code. (c) (1) Management shall not cause the removal from a homeowner’s or resident’s driveway, a homeowner’s or resident’s designated parking space, or a space provided by management for parking vehicles, any vehicle used or required by the homeowner for work or employment or which advertises any trade or services on the vehicle. (2) If any part of the vehicle extends into the park roadway or otherwise poses a significant danger to the health or safety of a park resident or guest, or if a homeowner or resident requests to have the vehicle removed from their driveway or designated parking space, paragraph (1) shall not apply, and management may remove the vehicle pursuant to Section 22658 of the Vehicle Code. (Amended by Stats. 2024, Ch. 79, Sec. 1. (SB 1408) Effective January 1, 2025.)
  114. 798.29.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    The management must post a Mobilehome Assistance Center sign provided by the Department of Housing and Community Development.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.29. The management shall post a Mobilehome Assistance Center sign provided by the Department of Housing and Community Development, as required by Section 18253.5 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 957, Sec. 1. (SB 1078) Effective January 1, 2019.)
  115. 798.29.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. )

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    Management may not stop a homeowner or resident from installing disabled-access accommodations, if code and permit requirements are met.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3. Rules and Regulations [798.23 - 798.29.6] ( Article 3 added by Stats. 1978, Ch. 1031. ) ## 798.29.6. The management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the mobilehome is located, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodations for the disabled. (Added by Stats. 2008, Ch. 170, Sec. 1. Effective January 1, 2009.)
  116. 798.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    This section defines “mobilehome” and sets out when trailers and certain recreational vehicles count as mobilehomes for this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.3. (a) “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (b), does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. (b) “Mobilehome,” for purposes of this chapter, other than Section 798.73, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. “Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20). (Amended by Stats. 2005, Ch. 595, Sec. 1. Effective January 1, 2006.)
  117. 798.30.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Management must give a homeowner written notice of any rent increase at least 90 days before the increase takes effect.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.30. The management shall give a homeowner written notice of any increase in his or her rent at least 90 days before the date of the increase. (Amended by Stats. 1993, Ch. 448, Sec. 1. Effective January 1, 1994.)
  118. 798.30.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Management in a qualified mobilehome park generally cannot raise a tenancy’s gross rental rate above the section’s annual cap, must give notice of rent increases, and must follow specific exceptions and transition rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.30.5. (a) (1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a qualified mobilehome park more than 3 percent plus the percentage change in the cost of living, or 5 percent, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase. (2) If the same homeowner maintains a tenancy over any 12-month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increase. (b) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to subdivision (a), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Subdivision (a) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section. (c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowner’s interest where otherwise prohibited. (d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each homeowner in accordance with Section 798.30. (e) This section shall not apply to a tenancy for any of the following: (1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution. (3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a). (4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799. (f) (1) (A) This section shall apply to all rent increases occurring on or after February 18, 2021. (B) This section shall become operative January 1, 2022. (2) In the event that management has increased the rent by more than the amount permissible under subdivision (a) between February 18, 2021, and January 1, 2022, both of the following shall apply: (A) The applicable rent on January 1, 2022, shall be the rent as of February 18, 2021, plus the maximum permissible increase under subdivision (a). (B) Management shall not be liable to a homeowner for any corresponding rent overpayment. (3) Management subject to subdivision (a) who increased the rental rate for a tenancy on or after February 18, 2021, but prior to January 1, 2022, by an amount less than the rental rate increase permitted by subdivision (a) shall be allowed to increase the rental rate twice, as provided in paragraph (2) of subdivision (a), within 12 months of February 18, 2021, but in no event shall that rental rate increase exceed the maximum rental rate increase permitted by subdivision (a). (g) Any waiver of the rights under this section shall be void as contrary to public policy. (h) For the purposes of this section: (1) “Consumer Price Index for All Urban Consumers for All Items” means the following: (A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows: (i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange. (ii) The CPI-U for the Riverside-San Bernardo-Ontario metropolitan area covering the Counties of Riverside and San Bernardino. (iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego. (iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, and San Mateo. (v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive. (B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations. (C) On or after January 1, 2022, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published. (2) “Management” means the management, as defined in Section 798.2, of a qualified mobilehome park. (3) (A) “Percentage change in the cost of living” means the percentage change in the applicable Consumer Price Index for All Urban Consumers for All Items, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph. (B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that. (ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year. (iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent. (4) “Qualified mobilehome park” means a mobilehome park, as defined in Section 798.4, that is located within and governed by the jurisdictions of two or more incorporated cities. (i) (1) Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (a), this section shall apply. (2) Nothing in this section alters the application of Sections 798.17, 798.45, or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent. (3) This section is not intended to express any policy regarding the appropriate, allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases. (j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2021, Ch. 125, Sec. 2. (AB 978) Effective January 1, 2022. Repealed as of January 1, 2030, by its own provisions.)
  119. 798.31.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Homeowners may not be charged fees beyond rent, utilities, and incidental reasonable charges for services actually rendered, and no fee may be charged to obtain a 12-month or shorter mobilehome lot lease. Fees for leases longer than one year are allowed only if both the homeowner and management agree.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.31. A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not be charged a fee for obtaining a lease on a mobilehome lot for (1) a term of 12 months, or (2) a lesser period as the homeowner may request. A fee may be charged for a lease of more than one year if the fee is mutually agreed upon by both the homeowner and management. (Amended by Stats. 1984, Ch. 624, Sec. 1.)
  120. 798.32.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Management cannot charge a homeowner for unlisted services unless it gives written notice at least 60 days before the charge.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.32. (a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge. (b) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. (Amended by Stats. 1992, Ch. 338, Sec. 1. Effective January 1, 1993.)
  121. 798.33.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Homeowners have a right to keep at least one pet in the park, subject to reasonable park rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.33. (a) No lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the park, subject to reasonable rules and regulations of the park. This section may not be construed to affect any other rights provided by law to a homeowner to keep a pet within the park. (b) A homeowner shall not be charged a fee for keeping a pet in the park unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the park. (c) For purposes of this section, “pet” means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the management and the homeowner. (Amended by Stats. 2000, Ch. 551, Sec. 1. Effective January 1, 2001.)
  122. 798.34.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    This section limits when a mobilehome park may charge fees or require registration for guests, companions, live-in caregivers, and certain family members of a senior homeowner.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with the homeowner for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management. (b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of their mobilehome with one other person, to be designated as the homeowner’s companion, may do so, and management shall not impose a fee for that person. For purposes of this subdivision, a homeowner may only designate one person at a time as a companion and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share their mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions. (c) A homeowner may share their mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowner’s need for the care or supervision, if the need is not readily apparent or already known to management. (d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, “senior homeowner” means a homeowner who is 55 years of age or older. (e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner. (f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules and regulations by the homeowner and subject to subdivision (d) of Section 798.56. (g) Nothing in this section shall be interpreted to create a duty on the part of management to manage, supervise, or provide care for a homeowner’s guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that person’s stay in the mobilehome park. (Amended by Stats. 2019, Ch. 504, Sec. 1. (SB 274) Effective January 1, 2020.)
  123. 798.35.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    A homeowner cannot be charged a fee based on how many people are in the homeowner’s immediate family.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.35. A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” shall be limited to the homeowner, his or her spouse, their parents, their children, and their grandchildren under 18 years of age. (Amended by Stats. 1995, Ch. 24, Sec. 1. Effective January 1, 1996.)
  124. 798.36.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Management generally cannot charge a homeowner fees for enforcing park rules, but it may charge reasonable maintenance or cleanup fees in limited circumstances after notice and noncompliance.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.36. (a) A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except a reasonable fee may be charged by management for the maintenance or cleanup, as described in subdivision (b), of the land and premises upon which the mobilehome is situated in the event the homeowner fails to do so 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. (b) (1) If management determines, in good faith, that the removal of a homeowner’s or resident’s personal property from the land and premises upon which the mobilehome is situated is necessary to bring the premises into compliance with the reasonable rules and regulations of the park or the provisions of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) or Title 25 of the California Code of Regulations, management may remove the property to a reasonably secure storage facility. Management shall provide written notice of at least 14 days of its intent to remove the personal property, including a description of the property to be removed. The notice shall include the rule, regulation, or code justifying the removal and shall provide an estimate of the charges to be imposed by management. The property to be removed shall not include the mobilehome or its appurtenances or accessory structures. (2) The homeowner or resident shall be responsible for reimbursing to management the actual, reasonable costs, if any, of removing and storing the property. These costs incurred by management in correcting the rules violation associated with the removal and storage of the property, are deemed reasonable incidental service charges and may be collected pursuant to subdivision (e) of Section 798.56 if a notice of nonpayment of the removal and storage fees, as described in paragraph (3), is personally served on the homeowner. (3) Within seven days from the date the property is removed to a storage area, management shall provide the homeowner or resident a written notice that includes an inventory of the property removed, the location where the property may be claimed, and notice that the cost of removal and storage shall be paid by the resident or homeowner. If, within 60 days, the homeowner or resident does not claim the property, the property shall be deemed to be abandoned, and management may dispose of the property in any manner. The homeowner’s or resident’s liability for storage charges shall not exceed 60 days. If the homeowner or resident claims the property, but has not reimbursed management for storage costs, management may bill those costs in a monthly statement which shall constitute notice of nonpayment, and the costs shall become the obligation of the homeowner or resident. If a resident or homeowner communicates in writing his or her intent to abandon the property before 60 days has expired, management may dispose of the property immediately and no further storage charges shall accrue. (4) If management elects to dispose of the property by way of sale or auction, and the funds received from the sale or auction exceed the amount owed to management, management shall refund the difference to the homeowner or resident within 15 days from the date of management’s receipt of the funds from the sale or auction. The refund shall be delivered to the homeowner or resident by first-class mail postage prepaid to his or her address in the park, or by personal delivery, and shall include an accounting specifying the costs of removal and storage of the property incurred by management in correcting the rules violation and the amount of proceeds realized from any sale or auction. If a sale or auction of the property yields less than the costs incurred by management, the homeowner or resident shall be responsible for the difference, and this amount shall be deemed a reasonable incidental service charge and may be collected pursuant to subdivision (e) of Section 798.56 if a notice of nonpayment of the removal and storage fees, as described in paragraph (3), is personally served on the homeowner. If management elects to proceed under this section, it may not also terminate the tenancy pursuant to subdivision (d) of Section 798.56 based upon the specific violations relied upon to proceed under this section. In any proceeding under this section, management shall bear the burden of proof that enforcement was undertaken in a nondiscriminatory, nonselective fashion. (Amended by Stats. 2005, Ch. 24, Sec. 1. Effective January 1, 2006.)
  125. 798.37.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Mobilehome park management may not require homeowners or prospective homeowners to buy, rent, or lease landscaping, remodeling, or maintenance goods or services from a particular person or company. Reasonable landscaping and maintenance requirements may be included in park rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.37. A homeowner may not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific site upon which the mobilehome is located and not incurred as a portion of the development of the mobilehome park as a whole. However, reasonable landscaping and maintenance requirements may be included in the park rules and regulations. The management may not require a homeowner or prospective homeowner to purchase, rent, or lease goods or services for landscaping, remodeling, or maintenance from any person, company, or corporation. (Amended by Stats. 2004, Ch. 302, Sec. 4. Effective January 1, 2005.)
  126. 798.37.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    In a mobilehome park, park management is responsible for tree work and for driveways it installed, while homeowners are responsible for homeowner-installed driveways and may not plant trees without written permission from management.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.37.5. (a) With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation. In the case of a dispute over that assertion, the park management or a homeowner may request an inspection by the Department of Housing and Community Development or a local agency responsible for the enforcement of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code) in order to determine whether a violation of that act exists. (b) With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof. (c) Park management shall be solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management including, but not limited to, repair of root damage to driveways and foundation systems and removal. Homeowners shall be responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeowner installed driveway. A homeowner may be charged for the cost of any damage to the driveway caused by an act of the homeowner or a breach of the homeowner’s responsibilities under the rules and regulations so long as those rules and regulations are not inconsistent with the provisions of this section. (d) No homeowner may plant a tree within the mobilehome park without first obtaining written permission from the management. (e) This section shall not apply to alter the terms of any rental agreement in effect prior to January 1, 2001, between the park management and the homeowner regarding the responsibility for the maintenance of trees and driveways within the mobilehome park, except that upon any renewal or extension, the rental agreement shall be subject to this section. This section is not intended to abrogate the content of any existing rental agreement or other written agreements regarding trees or driveways that are in effect prior to January 1, 2001. (f) This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001. (g) Any mobilehome park rule or regulation shall be in compliance with this section. (Amended by Stats. 2014, Ch. 298, Sec. 1. (AB 2753) Effective January 1, 2015.)
  127. 798.38.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Management may not take a lien or security interest in a mobilehome in the park unless both the homeowner and management agree, except for interests created to enforce a court judgment.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.38. The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in a mobilehome located in the park unless it is mutually agreed upon by both the homeowner and management. Any billing and payment upon the obligation shall be kept separate from current rent. (Added by renumbering Section 798.40 by Stats. 2009, Ch. 558, Sec. 5. (SB 111) Effective January 1, 2010.)
  128. 798.39.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    The management may charge only a limited security deposit at move-in, must refund qualifying deposits when requested under the stated conditions, and cannot demand extra deposits after initial occupancy.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.39. (a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months’ rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following the initial occupancy. (b) As to all security deposits collected on or after January 1, 1989, after the homeowner has promptly paid to the management, within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for any 12-consecutive-month period subsequent to the collection of the security deposit by the management, or upon resale of the mobilehome, whichever occurs earlier, the management shall, upon the receipt of a written request from the homeowner, refund to the homeowner the amount of the security deposit within 30 days following the end of the 12-consecutive-month period of the prompt payment or the date of the resale of the mobilehome. (c) As to all security deposits collected prior to January 1, 1989, upon the extension or renewal of the rental agreement or lease between the homeowner and the management, and upon the receipt of a written request from the homeowner, if the homeowner has promptly paid to the management, within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for the 12-consecutive-month period preceding the receipt of the written request, the management shall refund to the homeowner the amount of the security deposit within 60 days. (d) As to all security deposits collected prior to January 1, 1989, and not disbursed pursuant to subdivision (c), in the event that the mobilehome park is sold or transferred to any other party or entity, the selling park owner shall deposit in escrow an amount equal to all security deposits that the park owner holds. The seller’s escrow instructions shall direct that, upon close of escrow, the security deposits therein that were held by the selling park owner (including the period in escrow) for 12 months or more, shall be disbursed to the persons who paid the deposits to the selling park owner and promptly paid, within five days of the date the amount is due, all rent, utilities, and reasonable service charges for the 12-month period preceding the close of escrow. (e) Any and all security deposits in escrow that were held by the selling park owner that are not required to be disbursed pursuant to subdivision (b), (c), or (d) shall be disbursed to the successors in interest to the selling or transferring park owner, who shall have the same obligations of the park’s management and ownership specified in this section with respect to security deposits. The disbursal may be made in escrow by a debit against the selling park owner and a credit to the successors in interest to the selling park owner. (f) The management shall not be required to place any security deposit collected in an interest-bearing account or to provide a homeowner with any interest on the security deposit collected. (g) Nothing in this section shall affect the validity of title to real property transferred in violation of this section. (Amended by Stats. 2001, Ch. 151, Sec. 1. Effective January 1, 2002.)
  129. 798.39.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. )

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    Management may not pass certain court or enforcement penalties and related costs on to a homeowner through fees or rent increases.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 3.5. Fees and Charges [798.30 - 798.39.5] ( Heading of Article 3.5 renumbered from Article 4 by Stats. 2009, Ch. 558, Sec. 2. ) ## 798.39.5. (a) (1) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law or an enforcement agency against the management for a violation of this chapter or Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code, including any attorney’s fees and costs incurred by the management in connection therewith. (2) This section shall not apply to violations for which the registered owner of the mobilehome is initially responsible pursuant to subdivision (b) of Section 18420 of the Health and Safety Code. (b) A court shall consider the remoteness in time of the assessment or award against the management of any fine, forfeiture, penalty, money damages, or fee in determining whether the homeowner has met the burden of proof that the fee or increase in rent is in violation of this section. (c) Any provision in a rental agreement entered into, renewed, or modified on or after January 1, 1995, that permits a fee or increase in rent that reflects the cost to the management of any money damages awarded against the management for a violation of this chapter shall be void. (Amended by Stats. 2012, Ch. 477, Sec. 2. (AB 1938) Effective January 1, 2013.)
  130. 798.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    This section defines “mobilehome park” as land with two or more mobilehome sites rented or offered for rent for mobilehomes used as human housing.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.4. “Mobilehome park” is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. (Added by Stats. 1978, Ch. 1031.)
  131. 798.40.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. )

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    Mobilehome park management must disclose utility billing details, post rate information, give free copies on request if it posts a website address, and limit certain water-service charges and fees.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. ) ## 798.40. (a) Where management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for the homeowner’s meter. Management shall post, in a conspicuous place, the specific current residential utility rate schedule as published by the serving utility or the internet website address of the specific current residential utility rate schedule. If management elects to post the internet website address where the schedule may be accessed, management shall do both of the following: (1) Provide a copy of the specific current residential utility rate schedule, upon request, at no cost. (2) State in the posting that a homeowner may request a copy of the rate schedule from management. (b) If a third-party billing agent or company prepares utility billing for the park, management shall disclose on each resident’s billing, the name, address, and telephone number of the billing agent or company. (c) Whenever management elects to separately bill water service to a homeowner as a utility service pursuant to Section 798.41, and to provide submetered water service to homeowners as a master-meter customer of the water purveyor, as a part of the regular bill for water service, management shall only bill a homeowner for the following water service: (1) A charge for volumetric usage, which may be calculated in any of the following ways: (A) The amount shall be calculated by first determining the proportion of the homeowner’s usage, as shown by the submeter, to the total usage as shown by the water purveyor’s billing. The dollar amount billed to the homeowner for usage shall be in that same proportion to the dollar amount for usage shown by the water purveyor’s billing. (B) If the water purveyor charges for volumetric usage based on a tiered rate schedule, management may calculate the charge for a homeowner’s volumetric usage as described in subparagraph (A) or management may instead divide each tier’s volume evenly among the number of mobilehome spaces, and the rate applicable to each block shall be applied to the consumption recorded for each mobilehome space. (C) If the water purveyor charges the property rates on a per-mobilehome-space basis, the homeowners may be charged at those exact per-mobilehome-space rates. (D) In no event shall the charge for volumetric usage under this paragraph include in its calculation water used by or for any common area facility in the park, or water used by any other person or entity, other than the homeowner being billed. (2) Any recurring fixed charge, however that charge may be designated, for water service billed to the property by the water purveyors that, at management’s discretion, shall be calculated by either of the following: (A) The homeowner’s proportion of the total fixed charges charged to management for the park’s water use. The homeowner’s proportion shall be based on the percentage of the homeowner’s volumetric water use in relation to the total volumetric water use of the entire park, as shown on management’s water bill during that period. (B) Dividing the total fixed charges charged to the park equally among the total number of spaces at the park. (3) A billing, administrative, or other fee representing the combined total of management’s and the billing agent’s costs, which shall be the lesser of an amount not to exceed four dollars and seventy-five cents ($4.75), as adjusted pursuant to this paragraph, or 25 percent of the amount billed pursuant to paragraph (1). Beginning January 1, 2022, the maximum fee authorized by this paragraph may be adjusted each calendar year by management, no higher than a commensurate increase in the Consumer Price Index based on a California fiscal year average for the previous fiscal year, for all urban consumers, as determined by the Department of Finance. (d) For the purposes of this section, the following definitions apply: (1) “Billing agent” means a person or entity that contracts to provide submetering services to management, including billing. (2) “Submeter” means a device that measures water consumption of an individual mobilehome space within a park, and that is owned and operated by management. (3) “Water service” includes any charges, whether presented for payment on local water purveyor bills, tax bills, or bills from other entities, related to water treatment, distribution, or usage, including, but not limited to, water, sewer, stormwater, and flood control. (4) “Water purveyor” means a water purveyor as defined in Section 512 of the Water Code. (e) Nothing in this section shall be construed to prevent management from recovering its costs to install, maintain, or improve its internal water delivery system, as may otherwise be allowed in any rental agreement or local regulation. (f) The provisions of subdivision (c) shall apply to all management that elects to separately bill water service to a homeowner as a utility service pursuant to Section 798.41, and to provide submetered water service to homeowners as a master-meter customer of the water purveyor, as a part of the regular bill for water service, including where the water purveyor or the mobilehome park is subject to the jurisdiction, control, or regulation of the Public Utilities Commission. (Amended by Stats. 2023, Ch. 807, Sec. 1. (AB 604) Effective January 1, 2024.)
  132. 798.41.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. )

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    Park management may separately bill homeowners for certain utility fees if the rental agreement does not say otherwise, but the billing rules must be followed.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. ) ## 798.41. (a) Where a rental agreement, including a rental agreement specified in Section 798.17, does not specifically provide otherwise, the park management may elect to bill a homeowner separately for utility service fees and charges assessed by the utility for services provided to or for spaces in the park. Any separately billed utility fees and charges shall not be deemed to be included in the rent charged for those spaces under the rental agreement, and shall not be deemed to be rent or a rent increase for purposes of any ordinance, rule, regulation, or initiative measure adopted or enforced by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent, provided that at the time of the initial separate billing of any utility fees and charges the rent chargeable under the rental agreement or the base rent chargeable under the terms of a local rent control provision is simultaneously reduced by an amount equal to the fees and charges separately billed. The amount of this reduction shall be equal to the average amount charged to the park management for that utility service for that space during the 12 months immediately preceding notice of the commencement of the separate billing for that utility service. Utility services to which this section applies are natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service. (b) This section does not apply to rental agreements entered into prior to January 1, 1991, until extended or renewed on or after that date. (c) Nothing in this section shall require rental agreements to provide for separate billing to homeowners of fees and charges specified in subdivision (a). (d) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. (Amended by Stats. 1992, Ch. 338, Sec. 2. Effective January 1, 1993.)
  133. 798.42.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. )

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    Management must give affected homeowners and residents at least 72 hours’ written notice before certain utility service interruptions, unless the interruption is an emergency.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. ) ## 798.42. (a) The management shall provide all affected homeowners and residents at least 72 hours’ written advance notice of an interruption in utility service of more than two hours for the maintenance, repair, or replacement of facilities of utility systems over which the management has control within the park, provided that the interruption is not due to an emergency. The management shall be liable only for actual damages sustained by a homeowner or resident for violation of this section. (b) (1) Upon voluntary, written consent of a homeowner or resident, the management may provide notice under this section by electronic communication in a form of electronic communication to which the homeowner or resident consents. (2) For each homeowner or resident not provided notice by electronic communication, the management shall post written notice on the mobilehome of the affected homeowner or resident. (c) For purposes of this section, the following definitions apply: (1) “Electronic communication” means email, text, or automated telephone call. (2) “Emergency” means the interruption of utility service resulting from an accident or act of nature, or cessation of service caused by other than the management’s regular or planned maintenance, repair, or replacement of utility facilities. (3) “Voluntary, written consent” means written consent obtained separately from, and not contained in, any lease or rental agreement. Voluntary consent may be revoked by the homeowner or resident in writing at any time. (Amended by Stats. 2024, Ch. 23, Sec. 1. (AB 661) Effective January 1, 2025.)
  134. 798.43.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. )

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    Management must disclose certain shared-utility meter conditions to the homeowner and, after disclosure, either make a written compensation agreement or stop using the homeowner’s meter for the common-area service.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. ) ## 798.43. (a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or electric utility service, management shall disclose to the homeowner any condition by which a gas, water, or electric meter on the homeowner’s site measures gas, water, or electric service for common area facilities or equipment, including lighting, provided that management has knowledge of the condition. Management shall disclose this information prior to the inception of the tenancy or upon discovery and shall complete either of the following: (1) Enter into a mutual written agreement with the homeowner for compensation by management for the cost of the portion of the service measured by the homeowner’s meter for the common area facilities or equipment to the extent that this cost accrues on or after January 1, 1991. (2) Discontinue using the meter on the homeowner’s site for the utility service to the common area facilities and equipment. (b) On and after January 1, 1994, if the electric meter on the homeowner’s site measures electricity for lighting mandated by Section 18602 of the Health and Safety Code and this lighting provides lighting for the homeowner’s site, management shall be required to comply with subdivision (a). (Amended by Stats. 1993, Ch. 147, Sec. 1. Effective January 1, 1994.)
  135. 798.43.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. )

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    Managers of a master-meter park must give annual written CARE notice to homeowners and residents, post it visibly, allow CARE application help, not withhold park information needed for applications, and pass through the full CARE discount on bills.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. ) ## 798.43.1. (a) The management of a master-meter park shall give written notice to homeowners and residents on or before February 1 of each year in their utility billing statements about assistance to low-income persons for utility costs available under the California Alternate Rates for Energy (CARE) program, established pursuant to Section 739.1 of the Public Utilities Code. The notice shall include CARE information available to master-meter customers from their serving utility, to include, at a minimum: (1) the fact that CARE offers a discount on monthly gas or electric bills for qualifying low-income residents; and (2) the telephone number of the serving utility which provides CARE information and applications. The park shall also post the notice in a conspicuous place in the clubhouse, or if there is no clubhouse, in a conspicuous public place in the park. (b) The management of a master-meter park may accept and help process CARE program applications from homeowners and residents in the park, fill in the necessary account or other park information required by the serving utility to process the applications, and send the applications to the serving utility. The management shall not deny a homeowner or resident who chooses to submit a CARE application to the utility himself or herself any park information, including a utility account number, the serving utility requires to process a homeowner or resident CARE program application. (c) The management of a master-meter park shall pass through the full amount of the CARE program discount in monthly utility billings to homeowners and residents who have qualified for the CARE rate schedule, as defined in the serving utility’s applicable rate schedule. The management shall notice the discount on the billing statement of any homeowner or resident who has qualified for the CARE rate schedule as either the itemized amount of the discount or a notation on the statement that the homeowner or resident is receiving the CARE discount on the electric bill, the gas bill, or both the electric and gas bills. (d) “Master-meter park” as used in this section means “master-meter customer” as used in Section 739.5 of the Public Utilities Code. (Added by Stats. 2001, Ch. 437, Sec. 1. Effective January 1, 2002.)
  136. 798.44.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. )

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    Park management in covered mobilehome parks cannot charge more than 110% of its actual LPG cost, and it must post that actual price in a visible place.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. ) ## 798.44. (a) The management of a park that does not permit mobilehome owners or park residents to purchase liquefied petroleum gas for use in the mobilehome park from someone other than the mobilehome park management shall not sell liquefied petroleum gas to mobilehome owners and residents within the park at a cost which exceeds 110 percent of the actual price paid by the management of the park for liquefied petroleum gas. (b) The management of a park shall post in a visible location the actual price paid by management for liquefied petroleum gas sold pursuant to subdivision (a). (c) This section shall apply only to mobilehome parks regulated under the Mobilehome Residency Law. This section shall not apply to recreational vehicle parks, as defined in Section 18215 of the Health and Safety Code, which exclusively serve recreational vehicles, as defined in Section 18010 of the Health and Safety Code. (d) Nothing in this section is intended to abrogate any rights a mobilehome park owner may have under Section 798.31 of the Civil Code. (e) In addition to a mobilehome park described in subdivision (a), the requirements of subdivisions (a) and (b) shall apply to a mobilehome park where requirements of federal, state, or local law or regulation, including, but not limited to, requirements for setbacks between mobilehomes, prohibit homeowners or residents from installing their own liquefied petroleum gas supply tanks, notwithstanding that the management of the mobilehome park permits mobilehome owners and park residents to buy their own liquefied petroleum gas. (Amended by Stats. 2009, Ch. 558, Sec. 7. (SB 111) Effective January 1, 2010.)
  137. 798.44.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. )

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    Management in a mobilehome park may not block or charge for homeowners’ or residents’ solar energy systems, except for reasonable restrictions and a master-meter park exception.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. ) ## 798.44.1. (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located is void and unenforceable. (b) Management shall not prohibit or restrict a homeowner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome is located. Management shall not do any of the following: (1) Charge any fee to a homeowner or resident in connection with the installation or use of a solar energy system. (2) Require a homeowner or resident to use a specific solar installation contractor or solar energy system or product. (3) Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation or use of a solar energy system. (c) This section does not apply to imposition of reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. (d) (1) For purposes of this section, “solar energy system” has the same meaning as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5. (2) A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code. (3) Solar energy systems and solar collectors used for heating water shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes. (4) A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, if applicable, rules of the Public Utilities Commission regarding safety and reliability. (e) This section shall not apply to a master-meter park. “Master-meter park” as used in this section means “master-meter customer” as used in Section 739.5 of the Public Utilities Code. (Added by Stats. 2024, Ch. 162, Sec. 1. (SB 1190) Effective January 1, 2025.)
  138. 798.44.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. )

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    Mobilehome park management generally may not stop a homeowner or resident from installing or using a cooling system, charge related fees, require a specific product or contractor, or force removal of existing cooling systems.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4. Utilities [798.40 - 798.44.2] ( Article 4 heading added by Stats. 2009, Ch. 558, Sec. 4. ) ## 798.44.2. (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system in a mobilehome is void and unenforceable. (b) (1) Subject to paragraph (2), management shall not prohibit or restrict a homeowner or resident from installing, upgrading, replacing, or using a cooling system in their mobilehome. Management shall not do any of the following: (A) Charge any fee to a homeowner or resident in connection with the installation, upgrade, replacement, or use of a cooling system. (B) Require a homeowner or resident to use a specific cooling system, type of cooling system, or cooling system contractor or product. (C) Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation, upgrade, replacement, or use of a cooling system. (D) Require homeowners or residents to remove cooling systems or prevent replacements or upgrades to existing cooling systems. (2) Paragraph (1) shall not apply if management establishes any of the following: (A) The installation, upgrade, replacement, or use of the cooling system would violate federal, state, or local law. (B) A permit from a designated permitting authority is required for the installation, upgrade, replacement, or use of the cooling system, and that permit is not granted. (C) The amperage required to power any individual cooling system cannot be accommodated by the power service to the lot, as demonstrated in writing by a federal, state, or local governmental enforcement authority. (c) For purposes of this section, “cooling system” may include, but is not limited to, a portable air-conditioning unit, a window air-conditioning unit, a swamp cooler or any evaporative cooler, a cooling fan system, a heat pump, or any other technology that reasonably creates an internal temperature cooling benefit. A cooling system shall meet applicable health and safety standards and requirements imposed by law. (d) The tenancy of a homeowner or resident shall not be terminated for the installation, upgrade, replacement, or use of a cooling system as permitted under this section. (Added by Stats. 2025, Ch. 343, Sec. 1. (AB 806) Effective January 1, 2026.)
  139. 798.45.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4.5. Rent Control [798.45 - 798.49] ( Article 4.5 added by Stats. 1989, Ch. 412, Sec. 2. )

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    New construction and new mobilehome park construction are exempt from local rent-cap measures for 15 years, subject to the stated definitions and timing rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4.5. Rent Control [798.45 - 798.49] ( Article 4.5 added by Stats. 1989, Ch. 412, Sec. 2. ) ## 798.45. (a) Notwithstanding Section 798.17, “new construction,” as defined in subdivision (a) of Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, that establishes a maximum amount that a landlord may charge a tenant for rent, for a period of 15 years from the date upon which the space is initially held out for rent, as defined in subdivision (a) of Section 798.7. (b) Notwithstanding Section 798.17, “new mobilehome park construction,” as defined in subdivision (b) of Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, that establishes a maximum amount that a landlord may charge a tenant for rent for a period of 15 years from the date upon which 50 percent of the spaces in the new mobilehome park are initially held out for rent measured from the date of issuance of a permit or certificate of occupancy for that space by the enforcement agency in accordance with Section 18551 or 18613 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 666, Sec. 2. (SB 940) Effective January 1, 2023.)
  140. 798.49.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4.5. Rent Control [798.45 - 798.49] ( Article 4.5 added by Stats. 1989, Ch. 412, Sec. 2. )

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    A local agency with rent-control power must allow management to separately charge homeowners for certain government-imposed fees and related charges, subject to listed exclusions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 4.5. Rent Control [798.45 - 798.49] ( Article 4.5 added by Stats. 1989, Ch. 412, Sec. 2. ) ## 798.49. (a) Except as provided in subdivision (d), the local agency of any city, including a charter city, county, or city and county, which administers an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that management may charge a tenant for rent shall permit the management to separately charge a homeowner for any of the following: (1) The amount of any fee, assessment or other charge first imposed by a city, including a charter city, a county, a city and county, the state, or the federal government on or after January 1, 1995, upon the space rented by the homeowner. (2) The amount of any increase on or after January 1, 1995, in an existing fee, assessment or other charge imposed by any governmental entity upon the space rented by the homeowner. (3) The amount of any fee, assessment or other charge upon the space first imposed or increased on or after January 1, 1993, pursuant to any state or locally mandated program relating to housing contained in the Health and Safety Code. (b) If management has charged the homeowner for a fee, assessment, or other charge specified in subdivision (a) that was increased or first imposed on or after January 1, 1993, and the fee, assessment, or other charge is decreased or eliminated thereafter, the charge to the homeowner shall be decreased or eliminated accordingly. (c) The amount of the fee, assessment or other charges authorized by subdivision (a) shall be separately stated on any billing to the homeowner. Any change in the amount of the fee, assessment, or other charges that are separately billed pursuant to subdivision (a) shall be considered when determining any rental adjustment under the local ordinance. (d) This section shall not apply to any of the following: (1) Those fees, assessments, or charges imposed pursuant to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), unless specifically authorized by Section 18502 of the Health and Safety Code. (2) Those costs that are imposed on management by a court pursuant to Section 798.39.5. (3) Any fee or other exaction imposed upon management for the specific purpose of defraying the cost of administration of any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that management may charge a tenant for rent. (4) Any tax imposed upon the property by a city, including a charter city, county, or city and county. (e) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. (Amended by Stats. 2012, Ch. 770, Sec. 1. (AB 2697) Effective January 1, 2013.)
  141. 798.50.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 5. Homeowner Communications and Meetings [798.50 - 798.52] ( Article 5 repealed and added by Stats. 1989, Ch. 198, Sec. 2. )

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    Homeowners and residents of mobilehome parks are intended to have the right to peacefully assemble and freely communicate with each other and with others.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 5. Homeowner Communications and Meetings [798.50 - 798.52] ( Article 5 repealed and added by Stats. 1989, Ch. 198, Sec. 2. ) ## 798.50. It is the intent of the Legislature in enacting this article to ensure that homeowners and residents of mobilehome parks have the right to peacefully assemble and freely communicate with one another and with others with respect to mobilehome living or for social or educational purposes. (Repealed and added by Stats. 1989, Ch. 198, Sec. 2.)
  142. 798.51.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 5. Homeowner Communications and Meetings [798.50 - 798.52] ( Article 5 repealed and added by Stats. 1989, Ch. 198, Sec. 2. )

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    Mobilehome park rules and rental agreements cannot block homeowners’ or residents’ rights to meet, invite speakers, or canvass/petition, and they cannot impose certain fees or insurance requirements for using common areas for those purposes.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 5. Homeowner Communications and Meetings [798.50 - 798.52] ( Article 5 repealed and added by Stats. 1989, Ch. 198, Sec. 2. ) ## 798.51. (a) No provision contained in any mobilehome park rental agreement, rule, or regulation shall deny or prohibit the right of any homeowner or resident in the park to do any of the following: (1) Peacefully assemble or meet in the park, at reasonable hours and in a reasonable manner, for any lawful purpose. Meetings may be held in the park community or recreation hall or clubhouse when the facility is not otherwise in use, and, with the consent of the homeowner, in any mobilehome within the park. (2) Invite public officials, candidates for public office, or representatives of mobilehome owner organizations to meet with homeowners and residents and speak upon matters of public interest, in accordance with Section 798.50. (3) Canvass and petition homeowners and residents for noncommercial purposes relating to mobilehome living, election to public office, or the initiative, referendum, or recall processes, at reasonable hours and in a reasonable manner, including the distribution or circulation of information. (b) A homeowner or resident may not be charged a cleaning deposit in order to use the park recreation hall or clubhouse for meetings of resident organizations for any of the purposes stated in Section 798.50 and this section, whether or not guests or visitors from outside the park are invited to attend the meeting, if a homeowner or resident of the park is hosting the meeting and all homeowners or residents of the park are allowed to attend. (c) A homeowner or resident may not be required to obtain liability insurance in order to use common area facilities for the purposes specified in this section and Section 798.50. However, if alcoholic beverages are to be served at any meeting or private function, a liability insurance binder may be required by the park ownership or management. The ownership or management of a mobilehome park may prohibit the consumption of alcoholic beverages in the park common area facilities if the terms of the rental agreement or the rules and regulations of the park prohibit it. (d) A homeowner, organization, or group of homeowners using a recreation hall or clubhouse pursuant to this section shall be required to adhere to any limitations or restrictions regarding vehicle parking or maximum occupancy for the clubhouse or recreation hall. (e) A homeowner or resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative, referendum, or recall process in the window or on the side of a manufactured home or mobilehome, or within the site on which the home is located or installed. The size of the face of a political sign may not exceed six square feet, and the sign may not be displayed in excess of a period of time from 90 days prior to an election to 15 days following the election, unless a local ordinance within the jurisdiction where the mobilehome park is located imposes a more restrictive period of time for the display of such a sign. (Amended by Stats. 2003, Ch. 249, Sec. 1. Effective January 1, 2004.)
  143. 798.52.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 5. Homeowner Communications and Meetings [798.50 - 798.52] ( Article 5 repealed and added by Stats. 1989, Ch. 198, Sec. 2. )

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    A homeowner or resident blocked by management from exercising Section 798.51 rights may sue in court to stop enforcement of rules, regulations, or policies that unreasonably take away those rights.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 5. Homeowner Communications and Meetings [798.50 - 798.52] ( Article 5 repealed and added by Stats. 1989, Ch. 198, Sec. 2. ) ## 798.52. Any homeowner or resident who is prevented by management from exercising the rights provided for in Section 798.51 may bring an action in a court of law to enjoin enforcement of any rule, regulation, or other policy which unreasonably deprives a homeowner or resident of those rights. (Added by Stats. 1989, Ch. 198, Sec. 2.)
  144. 798.53.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 5.5. Homeowners Meetings with Management [798.53- 798.53.] ( Article 5.5 added by Stats. 1989, Ch. 198, Sec. 3. )

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    Management must meet with homeowners on written request within 30 days and allow several meeting formats.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 5.5. Homeowners Meetings with Management [798.53- 798.53.] ( Article 5.5 added by Stats. 1989, Ch. 198, Sec. 3. ) ## 798.53. (a) (1) The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or with representatives of a group of homeowners who have signed a request to be so represented on the following matters: (A) Resident concerns regarding interpretation, or enforcement or lack thereof, of existing park rules that are not subject to Section 798.25. (B) Standards for maintenance of trees, driveways, or physical improvements in the park. (C) Addition, alteration, or deletion of service, equipment, or physical improvements in the park. (D) Rental agreements offered to existing residents pursuant to Section 798.17 or 798.18. (E) Resident concerns regarding utility billing or utility charges. (F) Common area facility hours and availability. (2) The meeting may be conducted either in person or virtually using telephone, audio-video, or other audio-only conferencing. (A) Management shall offer in-person and telephone options. If management allows audio-video conferencing options, management shall provide a list of audio-video conferencing options upon request of the homeowner or homeowners. (B) Management shall comply with the method of meeting requested by the homeowner or homeowners requesting the meeting provided the method was offered by management pursuant to subparagraph (A). (b) A collective meeting with a group of homeowners shall be conducted only after notice thereof has been given to all the requesting homeowners 10 days or more before the meeting. (c) If an individual homeowner or group of homeowners consents to be represented at a meeting, management shall meet with either the designated representative on their behalf, or with both the homeowners and the designated representative, as the homeowners may choose in the written request. If requested by an individual homeowner or group of homeowners, a designated representative may participate in a meeting in person, by telephone, or virtually if management allows audio-video conferencing options pursuant to paragraph (2) of subdivision (a). (d) Management shall permit the attendance of language interpreters at any meeting pursuant to this section. Interpreters may or may not be the homeowner’s designated representative. (Amended by Stats. 2022, Ch. 648, Sec. 1. (AB 2031) Effective January 1, 2023.)
  145. 798.55.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    Management generally may not end or refuse to renew a mobilehome tenancy except for a reason listed in this article and after giving the required written notice. The homeowner must pay past due rent and utilities when the mobilehome is sold.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.55. (a) The Legislature finds and declares that, because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, and the cost of landscaping or lot preparation, it is necessary that the owners of mobilehomes occupied within mobilehome parks be provided with the unique protection from actual or constructive eviction afforded by the provisions of this chapter. (b) (1) The management may not terminate or refuse to renew a tenancy, except for a reason specified in this article and upon the giving of written notice to the homeowner, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to sell or remove, at the homeowner’s election, the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, as defined in Section 18005.8 of the Health and Safety Code, each junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner. The copy may be sent by regular mail or by certified or registered mail with return receipt requested, at the option of the management. (2) The homeowner shall pay past due rent and utilities upon the sale of a mobilehome pursuant to paragraph (1). (c) If the homeowner has not paid the rent due within three days after notice to the homeowner, and if the first notice was not sent by certified or registered mail with return receipt requested, a copy of the notice shall again be sent to the legal owner, each junior lienholder, and the registered owner, if other than the homeowner, by certified or registered mail with return receipt requested within 10 days after notice to the homeowner. Copies of the notice shall be addressed to the legal owner, each junior lienholder, and the registered owner at their addresses, as set forth in the registration card specified in Section 18091.5 of the Health and Safety Code. (d) If management obtains a court judgment against a homeowner or resident, the cost incurred by management in obtaining a title search for the purpose of complying with the notice requirements of this section shall be recoverable as a cost of suit. (e) The resident of a mobilehome that remains in the mobilehome park after service of the notice to sell or remove the mobilehome shall continue to be subject to this chapter and the rules and regulations of the park, including rules regarding maintenance of the space. (f) No lawful act by the management to enforce this chapter or the rules and regulations of the park may be deemed or construed to waive or otherwise affect the notice to remove the mobilehome. (Amended by Stats. 2005, Ch. 24, Sec. 2. Effective January 1, 2006.)
  146. 798.56.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    This section limits when management may end a mobilehome tenancy and requires specific notices and waiting periods before termination in several situations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.56. (a) A tenancy shall be terminated by the management only for one or more of the following reasons: (1) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency. (2) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents. (3) (A) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome. (B) However, the tenancy shall not be terminated for the reason specified in this paragraph if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome. (4) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto. No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation. This paragraph does not relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated. (5) (A) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this paragraph, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. A three-day notice given pursuant to this paragraph shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank: “Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (a)(5)(E), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.” (B) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this paragraph. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated. (C) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment. (D) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this paragraph, shall not be exercised more than twice during a 12-month period. (E) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in subparagraph (A) no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges. In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner. (F) When a copy of the 60 days’ notice described in subparagraph (E) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist: (i) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period. (ii) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period. (iii) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer. If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in subparagraph (E) shall be rescinded. (6) Condemnation of the park. (7) Change of use of the park or any portion thereof, provided: (A) The management gives the homeowners at least 60 days’ written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park. (B) (i) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy. (ii) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use. (C) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowner’s tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (D) The notice requirements for termination of tenancy set forth in this section and Section 798.57 shall be followed if the proposed change actually occurs. (E) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this paragraph shall be governed by the law in effect at the time the notice was given. (b) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to paragraph (7) of subdivision (a) of this section. (c) A tenancy shall not be terminated pursuant to paragraph (5) or (7) of subdivision (a) and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code. (d) For purposes of this section, “financial institution” means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome. (e) This section shall become operative on February 1, 2025. (Amended (as amended by Stats. 2024, Ch. 395, Sec. 2) by Stats. 2025, Ch. 67, Sec. 22. (AB 1170) Effective January 1, 2026.)
  147. 798.56a

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    This section requires legal owners and junior lienholders to give written notice after a termination notice, and it sets deadlines for management’s response and for later reimbursement, repair, and notice steps.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.56a. (a) Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following: (1) Its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice. (2) Its intention to foreclose on its security interest in the mobilehome. (3) Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorney’s fees and court costs incurred by the management in that action. If this request and offer are made, the legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorney’s fees and court costs, as agreed upon by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowner’s tenancy, on or before the earlier of (A) the 60th calendar day following receipt of written notice from the management of the aggregate amount of those reasonable attorney’s fees and costs or (B) the date the mobilehome is resold. (b) A legal owner, if any, or junior lienholder, if any, may sell the mobilehome within the park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met: (1) The legal owner, if any, or junior lienholder, if any, notifies management in writing of the intention to exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the date the mobilehome is resold. (2) Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and necessary corrective actions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calendar days of that notice, or before the date that the mobilehome is sold, whichever is earlier. (3) The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party. (c) For purposes of subdivision (b), the “homeowner’s responsibilities and liabilities” means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regulations. (d) If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bankruptcy. (e) (1) Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwithstanding any other provision of law, the management shall have a warehouse lien in accordance with Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Upon completion of any sale to enforce the warehouse lien in accordance with Section 7210 of the Commercial Code, the management shall provide the purchaser at the sale with evidence of the sale, as shall be specified by the Department of Housing and Community Development, that shall, upon proper request by the purchaser of the mobilehome, register title to the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome. (2) (A) Notwithstanding any other law, if the management of a mobilehome park acquires a mobilehome after enforcing the warehouse lien and files a notice of disposal pursuant to subparagraph (B) with the Department of Housing and Community Development to designate the mobilehome for disposal, management or any other person enforcing this warehouse lien shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, provided that management notifies the county tax collector in the county in which the mobilehome is located of management’s intent to apply to have the mobilehome designated for disposal after a warehouse lien sale. The written notice shall be sent to the county tax collector no less than 30 days after the date of the sale to enforce the lien against the mobilehome by first class mail, postage prepaid. (B) (i) In order to dispose of a mobilehome after a warehouse lien sale, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department, no less than 30 days after the date of sale to enforce the lien against the mobilehome. (ii) After filing a notice of disposal pursuant to clause (i), the management may dispose of the mobilehome after obtaining the information required by applicable laws. (C) (i) Within 30 days of the date of the disposal of the mobilehome, the management shall submit to the Department of Housing and Community Development all of the following information required for completing the disposal process: (I) Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved. (II) A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal. (III) The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park. (ii) The information required pursuant to clause (i) shall be submitted under penalty of perjury. (D) For purposes of this paragraph, “dispose” or “disposal” shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome. (f) All written notices required by this section, except the notice in paragraph (2) of subdivision (e), shall be sent to the other party by certified or registered mail with return receipt requested. (g) Satisfaction, pursuant to this section, of the homeowner’s accrued or accruing responsibilities and liabilities shall not cure the default of the homeowner. (Amended by Stats. 2016, Ch. 714, Sec. 2. (SB 944) Effective January 1, 2017.)
  148. 798.57.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    Management must state the reason for a termination notice and include specific facts about the date, place, witnesses, and circumstances.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.57. The management shall set forth in a notice of termination, the reason relied upon for the termination with specific facts to permit determination of the date, place, witnesses, and circumstances concerning that reason. Neither reference to the section number or a subdivision thereof, nor a recital of the language of this article will constitute compliance with this section. (Added by Stats. 1978, Ch. 1031.)
  149. 798.58.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    Tenancy can be ended only for the reasons listed in Section 798.56, and not to make a homeowner’s site available for a person buying or renting a mobilehome from the park owner or the owner’s agent.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.58. Tenancy may only be terminated for reasons contained in Section 798.56, and a tenancy may not be terminated for the purpose of making a homeowner’s site available for a person who purchased or proposes to purchase, or rents or proposes to rent, a mobilehome from the owner of the park or the owner’s agent. (Amended by Stats. 2002, Ch. 672, Sec. 3. Effective January 1, 2003.)
  150. 798.59.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    A homeowner must give the management written notice at least 60 days before vacating the tenancy.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.59. A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy. (Amended by Stats. 1982, Ch. 1397, Sec. 27.)
  151. 798.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    “Park” means a manufactured housing community or a mobilehome park.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.6. “Park” is a manufactured housing community as defined in Section 18210.7 of the Health and Safety Code, or a mobilehome park. (Amended by Stats. 2007, Ch. 596, Sec. 1. Effective January 1, 2008.)
  152. 798.60.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    This section says this article does not change certain rights or proceedings in Chapter 4 of the Code of Civil Procedure, unless this article specifically says otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.60. The provisions of this article shall not affect any rights or proceedings 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 herein. (Amended by Stats. 1978, Ch. 1033.)
  153. 798.61.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    This section defines when a mobilehome is treated as abandoned and sets notice, court, sale, disposal, and accounting steps the management must follow.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.61. (a) (1) As used in this section, “abandoned mobilehome” means a mobilehome about which all of the following are true: (A) It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days. (B) It is unoccupied. (C) A reasonable person would believe it to be abandoned. (D) It is not permanently affixed to the land. (2) As used in this section: (A) “Mobilehome” shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code. (B) “Abandoned mobilehome” shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1). (C) “Dispose” or “disposal” shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome. (b) After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested. (c) (1) Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid. (2) To dispose of an abandoned mobilehome pursuant to subdivision (f), the management shall also do all of the following: (A) Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code. (B) Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal. (C) Notify the county tax collector in the county in which the mobilehome park is located of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail. (D) Declare in the petition that management intends to file a notice of disposal with the Department of Housing and Community Development and complete the disposal process consistent with the requirements of subdivision (f). (d) (1) Hearing on the petition shall be given precedence over other matters on the court’s calendar. (2) If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorney’s fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome. (3) A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail. (e) To sell an abandoned mobilehome, the management shall do all of the following: (1) (A) Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court. (B) During this period the management shall post and mail a notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located. (C) At any time prior to the sale of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure. (2) Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in paragraph (1), the management may conduct a public sale of the abandoned mobilehome, its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid. (3) Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1). (4) The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof within 20 days of purchase. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome. (f) To dispose of an abandoned mobilehome, the management shall do all of the following: (1) (A) Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court. (B) Within 10 days following a judgment of abandonment, the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located. (C) (i) Within 30 days following a judgment of abandonment, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department. (ii) Notwithstanding any other law, when filing a notice of disposal pursuant to clause (i), the management shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificated as set forth in Section 5832 of the Revenue and Taxation Code, provided that the management notifies the county tax collector in the county in which the mobilehome is located of the management’s intent to apply to have the mobilehome designated for disposal pursuant to this subdivision. The written notice shall be sent to the county tax collector no less than 10 days after the date of the abandonment judgment by first class mail, postage prepaid. (D) At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure and a cancellation of the notice of disposal with the Department of Housing and Community Development. (2) Following the judgment of abandonment and approval of the notice of disposal by the Department of Housing and Community Development, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome after obtaining the information required in subparagraph (A) of paragraph (3). (3) (A) Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall do both of the following: (i) Submit to the court and the county tax collector in the county in which the mobilehome park is located a statement that the abandoned mobilehome and its contents were disposed with supporting documentation. (ii) (I) Submit to the Department of Housing and Community Development all of the following information required for completing the disposal process: (ia) Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved. (ib) A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal. (ic) The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park. (II) The information required pursuant to subclause (I) shall be submitted under penalty of perjury. (B) Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court and the county tax collector in the county in which the mobilehome park is located an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation. (g) Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to dispose of an abandoned mobilehome and its contents pursuant to subdivision (f). However, any sale pursuant to this section shall be subject to the registration requirements of Section 18100.5 of the Health and Safety Code and the tax clearance certificate requirements of Section 18092.7 of the Health and Safety Code. (h) Notwithstanding any other law, forms and procedures made available for the implementation of Chapter 376 of the Statutes of 2015 shall not be subject to Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2016, Ch. 714, Sec. 3. (SB 944) Effective January 1, 2017.)
  154. 798.62.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    If a destroyed mobilehome park is rebuilt at the same location, management must offer prior homeowners a renewed tenancy and follow notice, content, processing, and timing rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following: (1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowner’s rental agreement that was in existence at the time of the wildfire or other natural disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses. (2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement. (3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires. (4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowner’s former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means. (5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowner’s right to a renewed tenancy under this section is deemed forfeited. (6) Management shall process applications for renewed tenancy on a first-come-first-served basis. (7) The previous homeowner shall not transfer the right to a renewed tenancy. (b) For purposes of this section, “previous homeowner” means a homeowner with a valid tenancy in a mobilehome park at the time of a wildfire or other natural disaster. (Added by Stats. 2019, Ch. 504, Sec. 2. (SB 274) Effective January 1, 2020.)
  155. 798.64.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. )

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    After a disaster-related tenancy termination or mandatory evacuation, management must return certain prepaid rent, and the homeowner is exempt from paying rent for the evacuation period.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 6. Termination of Tenancy [798.55 - 798.64] ( Article 6 added by Stats. 1978, Ch. 1031. ) ## 798.64. (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management shall return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination. (2) Any payment required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the homeowner. If the homeowner does not provide an address, mailings pursuant to this subdivision shall be sent to the address where the mobilehome was located. (3) For purposes of this subdivision, the date of the termination shall be the date upon which the mobilehome park or the mobilehome space was damaged or destroyed. (b) During any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster, the homeowner’s obligation to pay rent shall be discharged for the period during which the homeowner is required to be evacuated. If the homeowner has paid rent in advance for any portion of the evacuation period, management shall return that portion of prepaid rent to the homeowner within 10 calendar days after the evacuation order is lifted, or the homeowner may deduct that amount from the next month’s rent which becomes due and payable after the evacuation order is lifted. (c) For purposes of this section, “disaster” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor. (Added by Stats. 2025, Ch. 547, Sec. 1. (SB 610) Effective January 1, 2026.)
  156. 798.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    This section defines “new construction” and “new mobilehome park construction” for mobilehome park spaces.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.7. (a) “New construction” means any newly constructed spaces initially held out for rent after January 1, 1990. A mobilehome park space shall be considered “initially held out for rent” on the date of issuance of a permit or certificate of occupancy for that space by the enforcement agency in accordance with Section 18551 or 18613 of the Health and Safety Code. (b) “New mobilehome park construction” means all spaces contained in a newly constructed mobilehome park for which a permit to operate is first issued by the enforcement agency on or after January 1, 2023. (Amended by Stats. 2022, Ch. 666, Sec. 1. (SB 940) Effective January 1, 2023.)
  157. 798.70.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    This section lets certain mobilehome owners or their agents post limited signs to advertise a sale, exchange, or sometimes a rental, and lets the park set reasonable open-house rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.70. (a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying one sign in the window of the mobilehome, or by one sign posted on the side of the mobilehome facing the street, or by one sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display one sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” if allowed by the park. The park may allow open houses and may establish reasonable rules or regulations governing how an open house may be conducted, including rules regarding the number of houses allowed to be open at one time, hours, and parking. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame, A-frame, L-frame, or generally accepted yard-arm type design with the sign face perpendicular to, but not extending into, the street. Management may require the use of a step-in L-frame sign. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent. (b) This section shall become operative on July 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 288, Sec. 2. (SB 419) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  158. 798.71.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Mobilehome park management cannot block or control a homeowner’s sale or listing without the owner’s written authorization, and it cannot force specific agents or brokers for sales or replacements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.71. (a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. (2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. (b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. For purposes of this section, “listing” includes advertising the address of the home to the general public. (c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. (d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. (e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. (f) This section shall become operative on July 1, 2016. (Repealed (in Sec. 3) and added by Stats. 2015, Ch. 288, Sec. 4. (SB 419) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  159. 798.72.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Mobilehome park management generally may not charge certain sale, transfer, residency-approval, or interview fees, except for specified service-related or credit-check situations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.72. (a) The management shall not charge a homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person a transfer or selling fee as a condition of a sale of his mobilehome within a park unless the management performs a service in the sale. The management shall not perform any such service in connection with the sale unless so requested, in writing, by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person. (b) The management shall not charge a prospective homeowner or his or her agent, upon purchase of a mobilehome, a fee as a condition of approval for residency in a park unless the management performs a specific service in the sale. The management shall not impose a fee, other than for a credit check in accordance with subdivision (b) of Section 798.74, for an interview of a prospective homeowner. (Amended by Stats. 1989, Ch. 745, Sec. 3.)
  160. 798.73.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Management generally cannot require a mobilehome to be removed when it is sold to a third party, except in specified park-upgrade situations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.73. The management shall not require the removal of a mobilehome from the park in the event of the sale of the mobilehome to a third party during the term of the homeowner’s rental agreement or in the 60 days following the initial notice required by paragraph (1) of subdivision (b) of Section 798.55. However, in the event of a sale to a third party, in order to upgrade the quality of the park, the management may require that a mobilehome be removed from the park where: (a) It is not a “mobilehome” within the meaning of Section 798.3. (b) It is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more, and the mobilehome does not comply with the health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code. (c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide, and the mobilehome does not comply with the construction and safety standards under Sections 18550, 18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code. (d) It is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. The management shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures. The management shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. The management of the park may not require repairs or improvements to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or an agent of the homeowner. (e) The management shall not require a mobilehome to be removed from the park, pursuant to this section, unless the management has provided to the homeowner notice particularly specifying the condition that permits the removal of the mobilehome. (Amended by Stats. 2008, Ch. 179, Sec. 28. Effective January 1, 2009.)
  161. 798.73.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    In a mobilehome sale or transfer that stays in the park, management may require only certain repairs or improvements, and it must give the homeowner a written summary of any required items within 15 business days after a request.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions: (1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. (2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes. (3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. (b) (1) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 15 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based. (2) In the event that management fails or refuses to provide a homeowner a written summary of repairs and improvements required by paragraph (1), the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations, due to, or based upon, health and safety. (c) The provisions of this section enacted at the 1999–2000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency. (Amended by Stats. 2025, Ch. 59, Sec. 1. (AB 456) Effective January 1, 2026.)
  162. 798.74.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Management can require prior approval for a purchaser of a mobilehome that will stay in the park, but it must give written standards, decide within set deadlines, and cannot reject for reasons outside the listed grounds.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.74. (a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park. (b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale. (2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1): (A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval. (B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. (c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply: (1) Management reasonably determines that, based upon the purchaser’s prior tenancies, they will not comply with the rules and regulations of the park. (2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park. (3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process. (d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following: (1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b). (2) Copies of any personal income tax returns. (e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with management’s request, if any, for a personal interview. (2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, “additional financial information” includes, but is not limited to, the following: (i) Savings accounts. (ii) Certificates of deposit. (iii) Stock portfolios. (iv) Trust interests of which the purchaser is a beneficiary. (v) Real property. (vi) Similar financial assets that can be liquidated or sold. (B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchaser’s gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park. (C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchaser’s ability to pay the rent, estimated utilities, and other charges of the park under this subdivision. (3) If the management fails or refuses to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application pursuant to paragraph (1), the management shall be deemed to have approved the application of the prospective purchaser. (f) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. (g) Management may be held liable by the selling homeowner for any and all damages proximately caused by management’s failure to comply with this section. (h) For purposes of this section: (1) “Charges” means all charges authorized and imposed by management under Section 798.31. (2) “Consumer credit reporting agency” has the same meaning as defined in subdivision (d) of Section 1785.3. (3) “Credit score” has the same meaning as defined in subdivision (b) of Section 1785.15.1. (Amended by Stats. 2025, Ch. 59, Sec. 2. (AB 456) Effective January 1, 2026.)
  163. 798.74.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    A mobilehome transfer or sale in a mobilehome park must follow the Civil Code’s transfer disclosure requirements, and a homeowner must give management a copy of the disclosure statement on written request if the mobilehome will stay in the park.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.74.4. (a) The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclosure requirements and provisions set forth in Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of the Civil Code. The requirements include, but are not limited to, the use of the Manufactured Home and Mobilehome Transfer Disclosure Statement set forth in Section 1102.6d of the Civil Code. (b) In the case of a sale or transfer of a mobilehome that will remain in the park, upon written request, a homeowner shall provide a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement required by subdivision (a) to management. (Amended by Stats. 2025, Ch. 59, Sec. 3. (AB 456) Effective January 1, 2026.)
  164. 798.74.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Park management must promptly give prospective homeowners a required information document and, on request, copies of the park rules and this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.74.5. (a) Within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a mobilehome park, if the management has been advised that the mobilehome occupying that space is for sale, the management shall give the prospective homeowner a separate document in at least 12-point type entitled “INFORMATION FOR PROSPECTIVE HOMEOWNERS,” which includes the following statements: “As a prospective homeowner you are being provided with certain information you should know prior to applying for tenancy in a mobilehome park. This is not meant to be a complete list of information. Owning a home in a mobilehome park incorporates the dual role of “homeowner” (the owner of the home) and park resident or tenant (also called a “homeowner” in the Mobilehome Residency Law). As a homeowner under the Mobilehome Residency Law, you will be responsible for paying the amount necessary to rent the space for your home, in addition to other fees and charges described below. You must also follow certain rules and regulations to reside in the park. If you are approved for tenancy, and your tenancy commences within the next 30 days, your beginning monthly rent will be $____ (must be completed by the management) for space number ____ (must be completed by the management). Additional information regarding future rent or fee increases may also be provided. In addition to the monthly rent, you will be obligated to pay to the park the following additional fees and charges listed below. Other fees or charges may apply depending upon your specific requests. Metered utility charges are based on use. (Management shall describe the fee or charge and a good faith estimate of each fee or charge.) Some spaces are governed by an ordinance, rule, regulation, or initiative measure that limits or restricts rents in mobilehome parks. These laws are commonly known as “rent control.” Prospective purchasers who do not occupy the mobilehome as their principal residence may be subject to rent levels which are not governed by these laws. (Civil Code Section 798.21) Long-term leases specify rent increases during the term of the lease. By signing a rental agreement or lease for a term of more than one year, you may be removing your rental space from a local rent control ordinance during the term, or any extension, of the lease if a local rent control ordinance is in effect for the area in which the space is located. A fully executed lease or rental agreement, or a statement signed by the park’s management and by you stating that you and the management have agreed to the terms and conditions of a rental agreement, is required to complete the sale or escrow process of the home. You have no rights to tenancy without a properly executed lease or agreement or that statement. (Civil Code Section 798.75) If the management collects a fee or charge from you in order to obtain a financial report or credit rating, the full amount of the fee or charge will be either credited toward your first month’s rent or, if you are rejected for any reason, refunded to you. However, if you are approved by management, but, for whatever reason, you elect not to purchase the mobilehome, the management may retain the fee to defray its administrative costs. (Civil Code Section 798.74) We encourage you to request from management a copy of the lease or rental agreement, the park’s rules and regulations, and a copy of the Mobilehome Residency Law. Upon request, park management will provide you a copy of each document. We urge you to read these documents before making the decision that you want to become a mobilehome park resident. Dated: _____ Signature of Park Manager: Acknowledge Receipt by Prospective Homeowner: ” (b) Management shall provide a prospective homeowner, upon his or her request, with a copy of the rules and regulations of the park and with a copy of this chapter. (Amended by Stats. 2012, Ch. 337, Sec. 1. (AB 317) Effective January 1, 2013.)
  165. 798.75.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    A mobilehome sale or transfer agreement must include either a fully executed rental agreement or a signed statement about agreed rental terms, and a purchaser who does not sign the rental agreement gets no tenancy rights.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.75. (a) An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, shall contain a copy of either a fully executed rental agreement or a statement signed by the park’s management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. (b) In the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy. (c) In the event that an occupant of a mobilehome has no rights of tenancy and is not otherwise entitled to occupy the mobilehome pursuant to this chapter, the occupant is considered an unlawful occupant if, after a demand is made for the surrender of the mobilehome park site, for a period of five days, the occupant refuses to surrender the site to the mobilehome park management. In the event the unlawful occupant fails to comply with the demand, the unlawful occupant shall be subject to the proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure. (d) The occupant of the mobilehome shall not be considered an unlawful occupant and shall not be subject to the provisions of subdivision (c) if all of the following conditions are present: (1) The occupant is the registered owner of the mobilehome. (2) The management has done either of the following: (A) Determined that the occupant has the financial ability to pay the rent and charges of the park; will comply with the rules and regulations of the park, based on the occupant’s prior tenancies; and will comply with this article. (B) Failed or refused to timely notify the occupant of either acceptance or rejection of a tenancy application such that the occupant is deemed to have been approved for tenancy pursuant to paragraph (3) of subdivision (e) of Section 798.74. (3) The management failed or refused to offer the occupant a rental agreement. (Amended by Stats. 2025, Ch. 59, Sec. 4. (AB 456) Effective January 1, 2026.)
  166. 798.75.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Park management must give a prospective homeowner a completed written disclosure form at least three days before the rental agreement is executed, and must update the form annually or when there is a material change in the park’s condition.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.75.5. (a) The management shall provide a prospective homeowner with a completed written disclosure form concerning the park described in subdivision (b) at least three days prior to execution of a rental agreement or statement signed by the park management and the prospective homeowner that the parties have agreed to the terms and conditions of the rental agreement. The management shall update the information on the disclosure form annually, or, in the event of a material change in the condition of the mobilehome park, at the time of the material change in that condition. (b) The written disclosure form shall read as follows: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Mobilehome Park Rental Agreement Disclosure Form appears in the hard-copy publication of the chaptered bill. See Sec. 1, Chapter 517, Statutes of 1999. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Added by Stats. 1999, Ch. 517, Sec. 1. Effective January 1, 2000. Note: See published chaptered bill for complete section text. The Mobilehome Park Rental Agreement Disclosure Form appeared on pages 2 to 3 of Ch. 517 and now appears on pages 3383 to 3384 in Vol. 2 of the 1999 Statutes publication.)
  167. 798.76.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Management may require a prospective purchaser to follow age-based residency rules for housing for older persons if those rules comply with the federal Fair Housing Act and implementing regulations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.76. The management may require that a prospective purchaser comply with any rule or regulation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations. (Amended by Stats. 1996, Ch. 61, Sec. 1. Effective June 10, 1996.)
  168. 798.77.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    A rental or sale agreement for a mobilehome may not require the purchaser or homeowner to waive rights under this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.77. No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter. Any such waiver shall be deemed contrary to public policy and shall be void and unenforceable. (Amended by Stats. 1983, Ch. 519, Sec. 10.)
  169. 798.78.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    An heir, joint tenant, or personal representative who inherits a mobilehome may sell it to a third party if the required homeowner charges and liabilities have been paid; if not, the park management may require removal of the mobilehome.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.78. (a) An heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death shall have the right to sell the mobilehome to a third party in accordance with the provisions of this article, but only if all the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of the mobilehome and its premises which have arisen since the death of the homeowner have been satisfied as they have accrued pursuant to the rental agreement in effect at the time of the death of the homeowner up until the date the mobilehome is resold. (b) In the event that the heir, joint tenant, or personal representative of the estate does not satisfy the requirements of subdivision (a) with respect to the satisfaction of the homeowner’s responsibilities and liabilities to the management which accrue pursuant to the rental agreement in effect at the time of the death of the homeowner, the management shall have the right to require the removal of the mobilehome from the park. (c) Prior to the sale of a mobilehome by an heir, joint tenant, or personal representative of the estate, that individual may replace the existing mobilehome with another mobilehome, either new or used, or repair the existing mobilehome so that the mobilehome to be sold complies with health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder. In the event the mobilehome is to be replaced, the replacement mobilehome shall also meet current standards of the park as contained in the park’s most recent written requirements issued to prospective homeowners. (d) In the event the heir, joint tenant, or personal representative of the estate desires to establish a tenancy in the park, that individual shall comply with those provisions of this article which identify the requirements for a prospective purchaser of a mobilehome that remains in the park. (Amended by Stats. 1989, Ch. 745, Sec. 4.)
  170. 798.79.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    A qualifying legal owner or junior lienholder who forecloses on a mobilehome in a mobilehome park may sell it to a third party in the park, if the homeowner’s rent, utility, and reasonable maintenance responsibilities are paid through resale.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.79. (a) Any legal owner or junior lienholder who forecloses on his or her security interest in a mobilehome located in a mobilehome park shall have the right to sell the mobilehome within the park to a third party in accordance with this article, but only if all of the homeowner’s responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of a mobilehome and its premises are satisfied by the foreclosing creditor as they accrue through the date the mobilehome is resold. (b) In the event the legal owner or junior lienholder has received from the management a copy of the notice of termination of tenancy for nonpayment of rent or other charges, the foreclosing creditor’s right to sell the mobilehome within the park to a third party shall also be governed by Section 798.56a. (Amended by Stats. 1991, Ch. 190, Sec. 2.)
  171. 798.8.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    A “rental agreement” means an agreement between management and the homeowner that sets the terms and conditions of a park tenancy; a lease is also a rental agreement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.8. “Rental agreement” is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental agreement. (Amended by Stats. 1982, Ch. 1397, Sec. 1.)
  172. 798.80.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    A mobilehome park owner must give written notice of an intent to sell the park to certain resident organization officers, unless a listed exception applies.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.80. (a) Not less than 30 days nor more than one year prior to an owner of a mobilehome park entering into a written listing agreement with a licensed real estate broker, as defined in Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, for the sale of the park, or offering to sell the park to any party, the owner shall provide written notice of his or her intention to sell the mobilehome park by first-class mail or by personal delivery to the president, secretary, and treasurer of any resident organization formed by homeowners in the mobilehome park as a nonprofit corporation, pursuant to Section 23701v of the Revenue and Taxation Code, stock cooperative corporation, or other entity for purposes of converting the mobilehome park to condominium or stock cooperative ownership interests and for purchasing the mobilehome park from the management of the mobilehome park. An offer to sell a park shall not be construed as an offer under this subdivision unless it is initiated by the park owner or agent. (b) An owner of a mobilehome park shall not be required to comply with subdivision (a) unless the following conditions are met: (1) The resident organization has first furnished the park owner or park manager a written notice of the name and address of the president, secretary, and treasurer of the resident organization to whom the notice of sale shall be given. (2) The resident organization has first notified the park owner or manager in writing that the park residents are interested in purchasing the park. The initial notice by the resident organization shall be made prior to a written listing or offer to sell the park by the park owner, and the resident organization shall give subsequent notice once each year thereafter that the park residents are interested in purchasing the park. (3) The resident organization has furnished the park owner or park manager a written notice, within five days, of any change in the name or address of the officers of the resident organization to whom the notice of sale shall be given. (c) Nothing in this section affects the validity of title to real property transferred in violation of this section, although a violation shall subject the seller to civil action pursuant to Article 8 (commencing with Section 798.84) by homeowner residents of the park or the resident organization. (d) Nothing in this section affects the ability of a licensed real estate broker, as defined in Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, to collect a commission pursuant to an executed contract between the broker and the mobilehome park owner. (e) Subdivision (a) does not apply to any of the following: (1) Any sale or other transfer by a park owner who is a natural person to any relation specified in Section 6401 or 6402 of the Probate Code. (2) Any transfer by gift, devise, or operation of law. (3) Any transfer by a corporation to an affiliate. As used in this paragraph, “affiliate” means any shareholder of the transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation, or any other corporation or entity controlled, directly or indirectly, by any shareholder of the transferring corporation. (4) Any transfer by a partnership to any of its partners. (5) Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or deed of trust encumbering a mobilehome park or any deed given in lieu of such a foreclosure. (6) Any sale or transfer between or among joint tenants or tenants in common owning a mobilehome park. (7) The purchase of a mobilehome park by a governmental entity under its powers of eminent domain. (Amended by Stats. 1994, Ch. 219, Sec. 1. Effective January 1, 1995.)
  173. 798.81.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Management may not block the sale or listing of a used mobilehome in the park, and may not require the seller to make management the agent for the sale as a condition of residency approval.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.81. The management (1) shall not prohibit the listing or sale of a used mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management, (2) nor require the selling homeowner to authorize the management to act as the agent in the sale of a mobilehome as a condition of approval of the buyer or prospective homeowner for residency in the park. (Amended by Stats. 1989, Ch. 745, Sec. 5.)
  174. 798.82.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    Management must give written disclosure at the time of a residency application in certain mobilehome situations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.82. The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or mobilehome on a space, on which the construction of the pad or foundation system commenced after September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the manufactured home or mobilehome may be subject to a school facilities fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of, the Government Code. (Added by Stats. 1994, Ch. 983, Sec. 1. Effective January 1, 1995.)
  175. 798.83.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. )

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    When a mobilehome is sold or transferred and stays in the park, park management may not require repairs or improvements to the park space or management-owned property, except for damage caused by the homeowner or the homeowner’s agent.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 7. Transfer of Mobilehome or Mobilehome Park [798.70 - 798.83] ( Heading of Article 7 amended by Stats. 1986, Ch. 648, Sec. 1. ) ## 798.83. In the case of a sale or transfer of a mobilehome that will remain in the park, the management of the park shall not require repairs or improvements to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or an agent of the homeowner. (Added by Stats. 1997, Ch. 367, Sec. 2. Effective January 1, 1998.)
  176. 798.84.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. )

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    A homeowner must give the management at least 30 days’ written notice before starting an action based on alleged failure to maintain common facilities or alleged reduction of service.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. ) ## 798.84. (a) No action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the management has been given at least 30 days’ prior notice of the intention to commence the action. (b) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all of the homeowners in the park. (c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure. (d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency. (e) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 30 days from the service of the notice. (f) This section does not apply to actions for personal injury or wrongful death. (Added by Stats. 1988, Ch. 1592, Sec. 1.)
  177. 798.85.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. )

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    In actions under this chapter, the prevailing party is entitled to reasonable attorney’s fees and costs.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. ) ## 798.85. 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. (Amended by Stats. 1983, Ch. 519, Sec. 11.)
  178. 798.86.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. )

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    A prevailing homeowner or former homeowner may be awarded court-ordered money for willful violations by management, up to $2,000 per violation, and may choose between that statutory penalty and punitive damages.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. ) ## 798.86. (a) If a homeowner or former homeowner of a park is the prevailing party in a civil action, including a small claims court action, against the management to enforce his or her rights under this chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed two thousand dollars ($2,000) for each willful violation of this chapter by the management. (b) A homeowner or former homeowner of a park who is the prevailing party in a civil action against management to enforce his or her rights under this chapter may be awarded either punitive damages pursuant to Section 3294 of the Civil Code or the statutory penalty provided by subdivision (a). (Amended by Stats. 2003, Ch. 98, Sec. 1. Effective January 1, 2004.)
  179. 798.87.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. )

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    This section treats certain mobilehome park problems as public nuisances and limits how they can be remedied.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. ) ## 798.87. (a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance. Notwithstanding Section 3491, this nuisance may only be remedied by a civil action or abatement. (b) The substantial violation of a mobilehome park rule shall be deemed a public nuisance. Notwithstanding Section 3491, this nuisance may only be remedied by a civil action or abatement. (c) A civil action pursuant to this section may be brought by a park resident, the park management, or in the name of the people of the State of California, by any of the following: (1) The district attorney or the county counsel of the jurisdiction in which the park, or the greater portion of the park, is located. (2) The city attorney or city prosecutor if the park is located within the jurisdiction of the city. (3) The Attorney General. (Amended by Stats. 2002, Ch. 141, Sec. 1. Effective January 1, 2003.)
  180. 798.88.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. )

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    Mobilehome park management may seek court injunctions against continuing or recurring rule violations, and the court must hold a hearing within 15 days and may issue a restraining order or injunction if the evidence supports it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 8. Actions, Proceedings, and Penalties [798.84 - 798.88] ( Article 8 added by Stats. 1978, Ch. 1031. ) ## 798.88. (a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section. (b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof within the limited jurisdiction of the superior court of the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upon the petitioner’s affidavit showing to the satisfaction of the court reasonable proof of a continuing or recurring violation of a rule or regulation of the mobilehome park by the named homeowner or resident and that great or irreparable harm would result to the management or other homeowners or residents of the park from continuance or recurrence of the violation. (c) A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respondent homeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shall remain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court. (d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear and convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three years. (e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, the management of the mobilehome park may petition under this section for a new injunction where there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park’s rules upon termination of the injunction. (f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona. (g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy. (Amended (as amended by Stats. 2012, Ch. 99, Sec. 1) by Stats. 2015, Ch. 176, Sec. 1. (SB 244) Effective January 1, 2016.)
  181. 798.9.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. )

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    “Homeowner” means a person who has a tenancy in a mobilehome park under a rental agreement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 1. General [798 - 798.14] ( Article 1 added by Stats. 1978, Ch. 1031. ) ## 798.9. “Homeowner” is a person who has a tenancy in a mobilehome park under a rental agreement. (Amended by Stats. 1982, Ch. 1397, Sec. 2.)
  182. 799.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    This section defines “ownership or management,” “resident,” and “resident-owned mobilehome park” for this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799. As used in this article: (a) “Ownership or management” means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes, or of a resident-owned mobilehome park. (b) “Resident” means a person who maintains a residence in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park. (c) “Resident-owned mobilehome park” means any entity other than a subdivision, cooperative, or condominium for mobilehomes, through which the residents have an ownership interest in the mobilehome park. (Amended by Stats. 1997, Ch. 72, Sec. 1. Effective January 1, 1998.)
  183. 799.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    This section says which residents are covered by Article 9, and when Articles 1 through 8 apply instead.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.1. (a) Except as provided in subdivision (b), this article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park in which his or her mobilehome is located or installed. In a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, Article 1 (commencing with Section 798) to Article 8 (commencing with Section 798.84), inclusive, shall apply only to a resident who does not have an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or the resident-owned mobilehome park, in which his or her mobilehome is located or installed. (b) Notwithstanding subdivision (a), in a mobilehome park owned and operated by a nonprofit mutual benefit corporation, established pursuant to Section 11010.8 of the Business and Professions Code, whose members consist of park residents where there is no recorded subdivision declaration or condominium plan, Article 1 (commencing with Section 798) to Article 8 (commencing with Section 798.84), inclusive, shall govern the rights of members who are residents that rent their space from the corporation. (Amended by Stats. 2012, Ch. 492, Sec. 1. (SB 1421) Effective September 23, 2012.)
  184. 799.1.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Certain mobilehome owners, residents, heirs, or their agents may advertise a sale, exchange, or sometimes rent by sign, and may add leaflet holders, subject to stated limits.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.1.5. A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the resident of the mobilehome who was a resident at the time of his or her death, or the agent of any of those persons, may advertise the sale or exchange of his or her mobilehome or, if not prohibited by the terms of an agreement with the management or ownership, may advertise the rental of his or her mobilehome by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” unless the park rules prohibit the display of an open house sign. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent. The sign face may not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the resident of the mobilehome who was a resident at the time of his or her death, or the agent of any of those persons, may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent. (Amended by Stats. 2005, Ch. 22, Sec. 12. Effective January 1, 2006.)
  185. 799.10.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    A resident may display a political campaign sign at a manufactured home or mobilehome site, subject to size and time limits.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.10. A resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative, referendum, or recall process in the window or on the side of a manufactured home or mobilehome, or within the site on which the home is located or installed. The size of the face of a political sign may not exceed six square feet, and the sign may not be displayed in excess of a period of time from 90 days prior to an election to 15 days following the election, unless a local ordinance within the jurisdiction where the manufactured home or mobilehome subject to this article is located imposes a more restrictive period of time for the display of such a sign. In the event of a conflict between the provisions of this section and the provisions of Part 5 (commencing with Section 4000) of Division 4, relating to the size and display of political campaign signs, the provisions of this section shall prevail. (Amended by Stats. 2012, Ch. 181, Sec. 27. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  186. 799.11.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Ownership or management may not stop a homeowner or resident from installing disabled-access accommodations on a mobilehome or its site if code and permit requirements are met.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.11. The ownership or management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the mobilehome is located, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodation for the disabled. (Added by Stats. 2008, Ch. 170, Sec. 4. Effective January 1, 2009.)
  187. 799.12.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Ownership or management may not stop residents from installing or using solar energy systems on covered mobilehome properties, and may not charge related fees or require specific contractors or products.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.12. (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located is void and unenforceable. (b) Ownership or management shall not prohibit or restrict a homeowner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome is located. Ownership or management shall not do any of the following: (1) Charge any fee to a homeowner or resident in connection with the installation or use of a solar energy system. (2) Require a homeowner or resident to use a specific solar installation contractor or solar energy system or product. (3) Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation or use of a solar energy system. (c) This section does not apply to imposition of reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. (d) (1) For purposes of this section, “solar energy system” has the same meaning as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5. (2) A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code. (3) Solar energy systems and solar collectors used for heating water shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes. (4) A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, if applicable, rules of the Public Utilities Commission regarding safety and reliability. (e) This section shall not apply to a master-meter park. “Master-meter park” as used in this section means “master-meter customer” as used in Section 739.5 of the Public Utilities Code. (f) Any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars ($2,000). (g) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees. (Added by Stats. 2024, Ch. 162, Sec. 2. (SB 1190) Effective January 1, 2025.)
  188. 799.13.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Owners or managers of mobilehome subdivisions, cooperatives, condominiums, or resident-owned mobilehome parks generally may not stop residents from installing or using cooling systems, or charge fees or require specific products for them.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.13. (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system in a mobilehome is void and unenforceable. (b) (1) Subject to paragraph (2), ownership or management shall not prohibit or restrict a homeowner or resident from installing, upgrading, replacing, or using a cooling system in their mobilehome. Management shall not do any of the following: (A) Charge any fee to a homeowner or resident in connection with the installation, upgrade, replacement, or use of a cooling system. (B) Require a homeowner or resident to use a specific cooling system, type of cooling system, or cooling system contractor or product. (C) Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation, upgrade, replacement, or use of a cooling system. (D) Require homeowners or residents to remove cooling systems or prevent replacements or upgrades to existing cooling systems. (2) Paragraph (1) shall not apply if ownership or management establishes any of the following: (A) The installation, upgrade, replacement, or use of the cooling system would violate federal, state, or local law. (B) A permit from a designated permitting authority is required for the installation, upgrade, replacement, or use of the cooling system, and that permit is not granted. (C) The amperage required to power any individual cooling system cannot be accommodated by the power service to the lot, as demonstrated in writing by a federal, state, or local governmental enforcement authority. (c) For purposes of this section, “cooling system” can include, but is not limited to, a portable air-conditioning unit, a window air-conditioning unit, a swamp cooler or any evaporative cooler, a cooling fan system, a heat pump, or any other technology that reasonably creates an internal temperature cooling benefit. A cooling system shall meet applicable health and safety standards and requirements imposed by law. (d) The tenancy of a homeowner or resident shall not be terminated for the installation, upgrade, replacement, or use of a cooling system as permitted under this section. (e) Any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars ($2,000). (f) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees. (Added by Stats. 2025, Ch. 343, Sec. 2. (AB 806) Effective January 1, 2026.)
  189. 799.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Ownership or management must get the resident’s written authorization before showing or listing a resident-owned mobilehome for sale.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.2. The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. Nothing contained in this section shall be construed to affect the provisions of the Health and Safety Code governing the licensing of mobilehome salesmen. (Amended by Stats. 1983, Ch. 519, Sec. 14.)
  190. 799.2.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. )

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    Ownership or management may not enter a mobilehome without the resident’s prior written consent, except in emergencies or if the mobilehome has been abandoned.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.5. Mobilehome Residency Law [798 - 799.13] ( Chapter 2.5 added by Stats. 1978, Ch. 1031. ) ## ARTICLE 9. Subdivisions, Cooperatives, and Condominiums [799 - 799.13] ( Article 9 added by Stats. 1978, Ch. 1031. ) ## 799.2.5. (a) Except as provided in subdivision (b), the ownership or management shall have no right of entry to a mobilehome without the prior written consent of the resident. The consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, trees, and driveways, for maintenance of the premises in accordance with the rules and regulations of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park when the homeowner or resident fails to so maintain the premises, and protection of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with the resident’s quiet enjoyment. (b) The ownership or management may enter a mobilehome without the prior written consent of the resident in case of an emergency or when the resident has abandoned the mobilehome. (Amended by Stats. 2006, Ch. 538, Sec. 40. Effective January 1, 2007.)
  191. 799.20.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    This chapter is called the Recreational Vehicle Park Occupancy Law.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.20. This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy Law. (Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  192. 799.21.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    This section says the listed definitions control how this chapter is read, unless the text or context requires otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.21. Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter. (Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
  193. 799.22.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    This section defines “defaulting occupant” as an occupant who does not pay for park occupancy or does not follow reasonable written park rules given at registration.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.22. “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, Ch. 310, Sec. 2. Effective January 1, 1993.)
  194. 799.23.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    This section defines “defaulting resident” as a resident who does not pay for occupancy, does not follow reasonable written park rules, or violates Article 5 provisions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.23. “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, Ch. 310, Sec. 2. Effective January 1, 1993.)
  195. 799.24.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    This section defines “defaulting tenant” for a recreational vehicle park.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.24. “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, Ch. 310, Sec. 2. Effective January 1, 1993.)
  196. 799.25.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    A “guest” is someone lawfully occupying a recreational vehicle in a park who is not an occupant, tenant, or resident. An occupant, tenant, or resident is responsible for the actions of their guests.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.25. “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, Ch. 310, Sec. 2. Effective January 1, 1993.)
  197. 799.26.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

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    “Management” means the owner of a recreational vehicle park, or an authorized agent or representative acting for that owner on park matters.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.26. “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, Ch. 310, Sec. 2. Effective January 1, 1993.)
  198. 799.27.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “occupancy” and “occupy” as using a recreational vehicle park lot by an occupant, tenant, or resident.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.27. “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, Ch. 310, Sec. 2. Effective January 1, 1993.)
  199. 799.28.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “occupant” for this chapter as the owner or operator of a recreational vehicle who has occupied a lot in a park for 30 days or less.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.28. “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, Ch. 310, Sec. 2. Effective January 1, 1993.)
  200. 799.29.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “recreational vehicle” by referring to the meaning in Health and Safety Code Section 18010.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. ) ## CHAPTER 2.6. Recreational Vehicle Park Occupancy Law [799.20 - 799.79] ( Chapter 2.6 repealed and added by Stats. 1992, Ch. 310, Sec. 2. ) ## ARTICLE 1. Definitions [799.20 - 799.32] ( Article 1 added by Stats. 1992, Ch. 310, Sec. 2. ) ## 799.29. “Recreational vehicle” has the same meaning as defined in Section 18010 of the Health and Safety Code. (Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)

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