In California, the rights of mobile home residents are strictly enforced
in order to protect park inhabitants and owners alike. If your mobile
park owner threatens to evict you, know that they may only do so with
a just cause. Not only must an owner have a good reason for evicting a
resident, they must also file and win an unlawful detainer lawsuit. Before
you allow your mobile home park owner to scare you with empty threats,
make sure you know your rights.
The two most common reasons a park owner will attempt to evict a resident
is because they either did not pay rent or failed to follow the park rules
and regulations. If a resident has been repeatedly warned about specific
rules and regulations, yet continues to ignore them, the owner will have
grounds to pursue an unlawful detainer lawsuit. Other reasons for terminating
tenancy may include a resident’s conviction for prostitution or
a felony for a controlled substance crime in the park, or failure to comply
with local or state laws. If the park is condemned or the park will be
used for another purpose besides mobile home use the owner may also pursue
an unlawful detainer lawsuit.
An unlawful detainer lawsuit is a legal action property owners may take
in order to legally evict a tenant from the space they rent. These actions
are filed through superior court, and is considered a summary court procedure.
This means unlawful detainer actions move quickly through court and sometimes
take as little as 5-20 days.
Without an unlawful detainer lawsuit, a park owner cannot evict a resident.
Legally speaking, park owners simply do not have this power, though they
may attempt to bully a resident into leaving. If your mobile park owner
is threatening to have you evicted and he or she does not have an unlawful
detainer lawsuit, our firm can help.
Contact Allen Semelsberger Kaelin, LLP to discuss your situation with our
San Diego mobile home lawyers.