California Civil Code. California
has been given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this section, the five-day period does not include the date the payment is due. The three-day notice shall be given to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure. Any payment of the total charges due, prior to the expiration of the three-day period, shall cure any default of the tenant. In the event the tenant does not pay prior to the expiration of the three-day notice period, the tenant shall remain liable for all payments due up until the time the tenancy is vacated.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.66. The management may terminate or refuse to renew the right of occupancy of a tenant for other than nonpayment of rent or other charges upon the giving of a written notice to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. The notice need not state the cause for termination but shall provide not less than 30 days’ notice of termination of the tenancy.
(Amended by Stats. 1994, Ch. 167, Sec. 1. Effective January 1, 1995.)
799.67. Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except as otherwise provided in this article.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
ARTICLE 5. Defaulting Residents [799.70 — 799.71]
(Article 5 added by Stats. 1992, Ch. 310, Sec. 2.)
799.70. The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the defaulting resident in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. This notice shall provide not less than 60 days’ notice of termination of the right of occupancy and shall specify one of the following reasons for the termination of the right of occupancy:
(a) Nonpayment of rent, utilities, or reasonable incidental service charges; provided, that the amount due has been unpaid for a period of five days from its due date, and provided that the resident shall be given a three-day written notice subsequent to that five-day period to pay the total amount due or to vacate the park. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day notice shall be given to the resident in the manner prescribed by Section 1162 of the Code of Civil Procedure. The three-day notice may be given at the same time as the 60-day notice required for termination of the right of occupancy; provided, however, that any payment of the total charges due, prior to the expiration of the three-day period, shall cure any default of the resident. In the event the resident does not pay prior to the expiration of the three-day notice period, the resident shall remain liable for all payments due up until the time the tenancy is vacated.
(b) Failure of the resident to comply with a local ordinance or state law or regulation relating to the recreational vehicle park or recreational vehicles within a reasonable time after the resident or the management receives a notice of noncompliance from the appropriate governmental agency and the resident has been provided with a copy of that notice.
(c) Conduct by the resident or guest, upon the park premises, which constitutes a substantial annoyance to other occupants, tenants, or residents.
(d) Conviction of the resident of prostitution, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the park, including, but not limited to, within the resident’s recreational vehicle.
However, the right of occupancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the recreational vehicle.
(e) Failure of the resident or a guest to comply with a rule or regulation of the park which is part of the rental agreement or any amendment thereto.
No act or omission of the resident or guest shall constitute a failure to comply with a rule or regulation unless the resident has been notified in writing of the violation and has failed to correct the violation within seven days of the issuance of the written notification.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.71. Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except as otherwise provided in this article.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
ARTICLE 6. Liens for Recreational Vehicles and Abandoned Possessions [799.75- 799.75.]
(Article 6 added by Stats. 1992, Ch. 310, Sec. 2.)
799.75. The management shall have a lien upon the recreational vehicle and the contents therein for the proper charges due from a defaulting occupant, tenant, or resident. Such a lien shall be identical to that authorized by Section 1861, and shall be enforced as provided by Sections 1861 to 1861.28, inclusive. Disposition of any possessions abandoned by an occupant, tenant, or resident at a park shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
ARTICLE 7. Actions and Proceedings [799.78 — 799.79]
(Article 7 added by Stats. 1992, Ch. 310, Sec. 2.)
799.78. In any action arising out of the provisions of this chapter, the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.79. In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is the prevailing party in a civil action against the management to enforce his or her rights under this chapter, the occupant, tenant, or resident, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars ($500) for each willful violation of any provision of this chapter by the management.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
CHAPTER 2.7. Floating Home Residency Law [800 — 800.306]
(Chapter 2.7 added by Stats. 1990, Ch. 1505, Sec. 1.)
ARTICLE 1. General Provisions [800 — 800.9]
(Article 1 added by Stats. 1990, Ch. 1505, Sec. 1.)
800. This chapter shall be known and may be cited as the Floating Home Residency Law.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.1. Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.2. “Management” means the owner of a floating home marina or an agent or representative authorized to act on his or her behalf in connection with matters relating to a tenancy in the floating home marina.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.3. “Floating home” has the same meaning as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code.