The following is a list of real estate-related statutes which have been recently enacted into law. References are to Senate Bills (SB) or Assembly Bills (AB). All codes are for the state of California unless otherwise indicated. All new statutes became effective January 1, 2006, unless otherwise noted.
Mobilehome park clean-up fees
Amended by SB 125:
Civil Code §798.36, §798.55
The management of a mobilehome park may now charge a mobilehome owner a fee to clean up the land and premises where the mobilehome is located if the mobilehome owner fails to do so himself within 14 days of receiving a written notice from management. The written notice must include:
- a description of the necessary corrections; and
- an estimate of the costs management will incur if it performs the cleanup services.
The management of a mobilehome park may remove personal property from premises surrounding a mobilehome if it determines it is necessary to bring the premises into compliance with the mobilehome park’s rules, regulations or state law. Management must provide the mobilehome owner with written notice 14 days before removal which includes:
- a description of the personal property to be removed;
- the rule, regulation or code authorizing the removal; and
- an estimate of the charges management will incur to remove the personal property.
The removal cannot include the mobilehome, its appurtenances, or accessory structures. The mobilehome owner is responsible for reimbursing management for the costs incurred to remove and store the personal property. Management may bill the mobilehome owner for the charges on a monthly statement.
After the removal and storage of the personal property, management has seven days in which to provide the mobilehome owner with a written statement which includes:
- an inventory of the personal property removed;
- the location where the personal property can be claimed; and
- a notice of the costs to be paid by the mobilehome owner.
The mobilehome owner is not responsible for storage costs incurred after 60 days. If the mobilehome owner claims the personal property within 60 days but does not reimburse management for the storage costs, management may bill the mobilehome owner for the charges on a monthly statement. If the mobilehome owner does not claim the personal property or state in writing his intent to abandon the personal property within 60 days of the notice, management may then dispose of the personal property. The mobilehome owner will not accumulate any further storage charges.
If the personal property is sold and the funds received from the sale or auction of the personal property exceed the amount the mobilehome owner owes to management for removal and storage costs, the remaining funds must be refunded to the mobilehome owner within 15 days from the date management receives the funds from the sale or auction. The refund must be accompanied by a statement which contains:
- the costs of removal; and
- the amount of funds received from the sale.
If the personal property is sold and the funds from sale or auction are less than the amount the mobilehome owner owes to management for removal and storage, the mobilehome owner is responsible for the difference. Management may bill the mobilehome owner for the difference on a monthly statement.
Management may recover the costs it incurs to obtain a title search to determine the legal owner, junior lienholder or registered owner of the mobilehome for purposes of service of a three-day notice to pay rent as costs in an unlawful detainer action.
Mobilehome rental agreements
Added by SB 237:
Civil Code §798.19.5
A rental agreement entered into or renewed on or after January 1, 2006, between mobilehome park management and a mobilehome owner cannot include a grant to management of the right of first refusal to purchase the mobilehome. The management and mobilehome owner may enter into a separate agreement for separate consideration which grants the right of first refusal to management.