Facts: A tenant leased a mobilehome unit as their secondary residence. The lease prohibited subletting. Mobilehome units used as a secondary residence were exempt from local rent control, unless subletting was prohibited. The mobilehome park owner changed the park rules, without the tenant’s consent, to allow subletting, but did not notify the tenant in writing of the change. The owner raised the tenant’s rent beyond the amount allowable under rent control.
Claim: The tenant sought damages equal to the difference in rent charged by the owner and the amount allowable under the rent control ordinance, claiming real estate law required the owner to provide written notice of the change in park rules six months prior to the change and thus the tenant was not subject to the new rules and not exempt from rent control since the owner never served notice.
Counterclaim: The owner claimed the tenant’s unit was exempt from rent control since the owner was not required to provide written notice of the change in park rule as the change in park rules expanded the tenant’s rights by allowing subletting.
Holding: A California court of appeals held the owner was liable for money damages equal to the difference in rent levels since real estate law required the owner to provide written notice of the change in park rules six months prior to the change and thus the tenant was not subject to the new rules and not exempt from rent control as the owner never served notice. [Freeman v. Vista de Santa Barbara (2012) 207 CA4th 791]
Editors note: California Civil Code requires landlords of mobilehome parks to give written notification of a change to the park rules if a tenant has not consented to the change. Written notification is to be given at least six months prior to the change. [Calif. Civil Code §798.25]
