By Bruce Stanton, GSMOL Corporate Counsel and GSMOEF Secretary
The
Situation:
You live in a mobilehome park and have
received a written 7-day Notice from park management to perform repairs to your
home or alleging non-compliance with the park rules and regulations. What is the relevant law, how should you
respond and what are your available options as a homeowner?
7-Day Notices in General:
It
is first important to know the applicable law concerning what the mobilehome
industry calls “7-Day Notices”. The
Mobilehome Residency Law (MRL) provides at Civil Code 798.56 (d) that a
homeowner can be evicted for failure to “comply with a reasonable rule or
regulation of the park that is part of the rental agreement or any amendment
thereto.” Civil Code 798.15 (b) provides
that the rules and regulations are deemed to be a part of any rental agreement,
and most parks have written rules. But
no such eviction can occur unless or until a written 7-day notice of any alleged
violation is first served upon the homeowner.
This is not the eviction notice itself; a 60-day notice is
required to evict.
But
if you receive a 7-day Notice, it is thus important to take it seriously and
respond within 7 days, since this could be a precursor to a subsequent 60-day
termination of tenancy notice.
If
compliance is performed within 7 days of the date of service of the Notice,
then it should be deemed satisfied. It
is the date of service, not the date on the Notice, which determines how to
count the 7 days. It is important to note that if a 7-day notice has been given
three or more times during a 12-month period for violation of the same rule or
regulation, no new 7-day Notice is required, and the park owner could elect to
proceed with a 60-day termination without providing any new 7-day notice period.
Common
violations appearing in 7-Day Notices include:
-repairs
to the home, including painting or remedy of dangerous conditions under Title
25;
-repairs
to accessory structures, including stairs, awning supports, porches, or utility
systems;
-landscaping
violations on the mobilehome space;
-clean
up of clutter or unapproved items;
-removal
of unauthorized occupants from the home;
-cessation
of unauthorized conduct or activity.
What a
7-Day Notice Should Contain
To be enforceable, a 7-Day Notice must:
-Recite the rule or regulation which is the
basis for each alleged violation;
-Contain a clear description of how the rule
or regulation is being violated;
-Contain a clear description of what
performance is required, so that the homeowner knows how to comply with it.
How
to Respond to a 7-Day Notice:
First it is important that the homeowner
respond to the Notice, and that the response be in writing, so that you have a
record of your response if needed. The
response should be delivered to management in person if possible, or
mailed/emailed if there is enough time to do so. The response should be made within the 7-day
period, and could take one of the following forms:
- The Notice is Vague, Ambiguous or Unclear
A homeowner cannot presume to adequately
respond to of comply with a Notice if it is
unclear what it is asking or what rule is
being violated. If there are 10 trees on
the space and the Notice merely says: “Trim your Tree”, the homeowner should
ask for further guidance and clarification as to which tree is being referred
to. Thus, this kind of written response
should say: “I’ve received the 7-Day Notice and am willing
to comply if needed, but cannot tell from the Notice where the violation is or
what you are asking. Please clarify
which park rule is being violated (or please clarify what is being asked of
me)”.
- I Will Comply or Have
Complied with the Notice
If the Notice is clear and the homeowner
confirms that there is a violation, it is
important to communicate that it will be or
has been timely performed. If a
contractor or third party is hired for any purpose, be sure to provide a copy
of any receipt or report which confirms the work done if available. Offer to allow management to have a walk
through or inspect for compliance. It is
vital that the work be done within 7 days if at all possible. Remember that even if you comply with the
notice, if you do not do so until after the 7 days expire the park can
technically still proceed with a 60-day notice.
If you need more time to comply, such as to hire a contractor or
landscaper, then request that ASAP in your response.
- The Notice is Inaccurate
and there are No known Violations
If the homeowner is certain there is no
violation as alleged and wishes to dispute
the Notice, you should do so in writing and
clearly state the basis for your objection.
This kind of response should only be made if the facts or law supports
the homeowner’s position. Be very
careful before you respond in this manner, and obtain qualified legal advice first
if possible. Choosing this option could
begin a negotiation with management, or could result in the service of a 60-day
Notice, or another 7-Day notice. Often
management will serve multiple Notices so as appear reasonable and to create a
clear “paper trail” in case they later go to court.
Final Thoughts:
While COVID-19 legislation
allows homeowners to request rent payments be deferred or evictions postponed,
it does NOT include or affect 7-day Notices.
Legislation is being considered in 2021 that will hopefully deal with
the problem of a homeowner finding a contractor during the pandemic, or
performing repairs during 7 days. But
for now, these notices are not affected by such legislation, and must be dealt
with and responded to at once. Finally,
if the park does not have any written rules or regulations it is doubtful they
could ever enforce a 7-day Notice.