Q: Can the resident be forced to move their home out of the park when they sell it just because the home is old?
A: If the home is NOT a mobilehome (less than 8 feet wide x 40 feet long) and is therefore classified as a recreational vehicle (trailer), the resident has no right to sell it in place and will have to move it. With regard to mobilehomes, the MRL (Civil Code §798.73) establishes two standards. Basically, the home cannot be required to be removed upon a resale if it is 1) more than 17-20 years old or older but meets health, safety and construction standards of state law, and 2) not in substantially rundown condition or disrepair, as determined in the reasonable discretion of management. If the management and resident disagree on the condition of the home, the resident may decide to hire a private home inspector to look at the home and repair any code violations or defects the inspector finds in his/her report. HCD inspectors no longer perform this function in most cases, although some local governments that perform mobilehome park inspections for the state may be willing to perform an inspection, for a fee.
Recap:
- RV and trailer owners may be forced to move their coach out of the park when they sell it.
- Mobilehomes are allowed to stay in the park after they are sold if they meet certain health and safety standards.
Source: California Department of Housing and Community Development (HCD)
