A 90-day written notice of rent increase was delivered late. Is this notice legal?
No. The MRL provides for residents to receive the 90-day written notice of a rent increase before the date of the increase. (Civil Code §798.30) Any notice required by the MRL shall either be delivered and received in-person or by U.S. mail, postage prepaid. (Civil Code §798.14) Actual receipt of the notice less than 90 days before the increase is not a 90-day notice.
Can the park charge residents for back-rent that was miscalculated because of the manager’s mistake?
It depends on the situation. If the park rental agreement or lease stipulates the monthly rent for the term of the lease, and there is no provision in the lease for a contingency, such as an increase due to management error, then back-rent could not be charged. However, if residents have signed a rental agreement that provides that back-rent may be charged in the event of a management miscalculation or error, then the additional rent could be charged with a 90-day notice.
Can the park owner require a deposit or fee for use of the clubhouse by the homeowners association?
No, however there are certain exceptions. The MRL provides that a park rental agreement or rule or regulation shall not deny a homeowner or resident the right to hold meetings for a lawful purpose in the clubhouse at reasonable times and in a reasonable manner, when the facility is not otherwise in use. (Civil Code §798.51(a)(1)) Homeowners or residents may not be charged a cleaning deposit or require liability insurance in order to use the clubhouse for meetings relating to mobilehome living or for social or educational purposes and to which all homeowners are allowed to attend. (Civil Code §798.51(b)) However, the park may require a liability insurance binder when alcoholic beverages are served. (Civil Code §798.51(c)) If a homeowner reserves the clubhouse for a private function to which all park residents are not invited, the park could charge a fee or deposit.
Can the park charge first and last months’ rent plus a 2-month security deposit?
Normally, when a mobilehome owner is accepted for residency in a mobilehome park and signs a rental agreement, charging first month’s rent and a 2-month security deposit are permitted. (Civil Code §798.39) After one full year of satisfactory residency (meaning all rent and fees have been paid during that time), the resident is entitled to request a refund of the 2-month security deposit, or may request a refund at the time he or she vacates the park and sells the home. (Civil Code §798.39(b))
