CAN A PARK OWNER SHUTTER THE COMMON FACILITIES DUE TO CORONAVIRUS?
Technically, no. Sometimes, the law of unintended consequences applies to [...]
Vacancy Controls: Should You Charge for a Lease?
Ever wonder why mobilehome buyers didn’t demand leases before installing new homes back in the 1970's? Back when tenants had superior bargaining power? When tenants could “just say no” and walk away? Demand a “lease or no deal?” Tenants could have said all that – for security, certainty, predictability... and security! A lease encumbers a homesite with possessory rights for years. It endures through tenancy transfers, and beyond death. Leases specify rent adjustments even at time of transfer. No unexpected changes. Buyers could have just walked away. What happened? They didn’t. Tenants chose to assume risks of the market by not standing firm for leasing. They chose freedom over lease commitments. Tenants made the choice. They are not victims.
NEW LAW: 10 DAY DEADLINE TO GIVE OWNER IDENTITY: MRL AMENDED.
Signed into Law June 28, 2017 The Governor signed AB 294 (Gipson) into law on Wednesday, June 28, 2017. AB 294 requires disclosure of the park owner in 10 days on written request. The “red line” of the new law is as follows: “The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, and business telephone number of the mobilehome park owner upon the receipt of a written request of a homeowner.” The complete text of new Civil Code §798.28 states: “798.28. The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, and business telephone number of the mobilehome park owner upon the receipt of a written request of a homeowner.”
Vacancy Controls: Should You Charge for a Lease?
Ever wonder why mobilehome buyers didn’t demand leases before installing new homes back in the 1970's? Back when tenants had superior bargaining power? When tenants could “just say no” and walk away? Demand a “lease or no deal?” Tenants could have said all that – for security, certainty, predictability... and security! A lease encumbers a homesite with possessory rights for years. It endures through tenancy transfers, and beyond death. Leases specify rent adjustments even at time of transfer. No unexpected changes. Buyers could have just walked away. What happened? They didn’t. Tenants chose to assume risks of the market by not standing firm for leasing. They chose freedom over lease commitments. Tenants made the choice. They are not victims.