Owning a mobile home park is not for the “faint of heart.” Being an owner and landlord often means you’ll have to make some hard decisions. Perhaps the most difficult decision you’ll have to make is when to evict a tenant.
Serving a tenant with an eviction notice is not a pleasant experience, but there are times when it is necessary. If they are not following the rules that they agreed to when they first moved in, you have the right to evict them.
When to serve a tenant an eviction notice
According to California Civil Code Section 798.56, the “seven deadly sins” you can evict a tenant for are as follows:
- Failure of a resident to comply with a notice of noncompliance from the appropriate governmental agency. (CC 798.56 (a))
- Conduct by the resident which constitutes “substantial annoyance” upon the premises. (CC 798.56 (b)
- Conviction of the resident for a felony for one of the enumerated offenses, e.g., prostitution, controlled substances, if committed within the mobile home park. (CC 798.56 (c))
- Failure of the tenant to comply with the reasonable rules and regulations of the mobile home park after they have been served the proper seven – day notice to comply. E.g., conduct by the resident which causes a disturbance within the par for other residences and it is an ongoing violation. (CC 798.56 (d))
- Non-payment of rent and utilities. Notice can be served to the tenant once the rent and utilities go unpaid for five or more days after the original due date. As the owner, you are required to serve the tenant with a three-sixty day written notice of eviction and to mail serve, return receipt requested, any legal owner on title. (CC 798.56 (e))
- Condemnation of the mobile home park. (CC 798.56 (f))
- Change of use of the mobile home park. (CC 798.56 (g))
By law, you are required to give written notice to any tenant that you plan to evict. This allows the tenant a chance to pay the rent that is overdue or make arrangements to move out. Should you experience difficulties in evicting a non-compliant tenant, help is available to you.
There are many exceptions and requirement for any of the above eviction grounds, so consult with your park attorney before starting with any eviction process.