Yes, unless the resident qualifies for residency and has signed a rental agreement. Upon death of a homeowner, heirs cannot simply assume they can move into the decedent’s home or continue to live there if they are not already a party to the rental agreement. Despite the fact that an heir takes title to the mobilehome, the park management has the right to require an heir, or person who had been living with the resident, to newly apply for residency in the park. If the management rejects the heir’s residency because the heir cannot comply with the rules or doesn’t have the income to pay the rent and charges, the heir can be required to move out. The heir has the right to resell the inherited mobilehome in place in the park (Civil Code 798.78(a)), assuming it meets health and safety code requirements (Civil Code. 798.78(b)), but must continue to pay the monthly space rent until the home is sold in order to maintain the right to sell it in place in the park. Otherwise, the park may terminate the tenancy and require the home to be moved from the park within 60 days of the notice of termination. (Civ. 798.73) Recap:
● The heir of a mobilehome cannot assume he/she has residency rights if he/she has not been on the rental agreement.
● The heir has the right to sell the mobilehome in-place, as long as it meets health and safety requirements.
● The heir must continue to pay rent and fees as long as he/she owns the home in the park.
Source: 2022 Mobilehome Residency Law FAQ’s prepared by the California Senate Select Committee on Mobilehomes.
