Code Section

Civil Code - CIV

DIVISION 2. PROPERTY [654 - 1422]

  ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )
  

PART 2. REAL 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 - 799.11]

  ( Chapter 2.5 added by Stats. 1978, Ch. 1031. )
  

ARTICLE 6. Termination of Tenancy [798.55 - 798.62]
  ( 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.)