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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-10</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Addis</ns0:AuthorText>
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<ns0:Name>Addis</ns0:Name>
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<ns0:Title> An act to amend Section 798.56 of the Civil Code, relating to mobilehome parks. </ns0:Title>
<ns0:RelatingClause>mobilehome parks</ns0:RelatingClause>
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<ns0:Subject>Mobilehome parks: termination of tenancy: failure to comply with a rule or regulation.</ns0:Subject>
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<html:p>Existing law prohibits mobilehome park management from terminating a tenancy except for specified reasons, including, among other reasons, failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement. Existing law provides that an act or omission of a homeowner or resident does not constitute a failure to comply with a reasonable rule or regulation until management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. Existing law further provides these provisions do not relieve management from it obligations to demonstrate that a rule or regulation has in fact been violated. </html:p>
<html:p>This bill would, instead, require that the management serve the homeowner with
the written notice, as prescribed, and would require the notice to include the language of each rule or regulation for which the homeowner is alleged to be in violation, along with specific facts, as provided, and any action required to adhere to the rule or regulation. The bill would, instead, provide that these provisions do not relieve the management from its burden of demonstrating that a rule or regulation has in fact been in fact violated.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 798.56 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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(a)
<html:span class="EnSpace"/>
A tenancy shall be terminated by the management only for one or more of the following reasons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
</html:p>
<html:p>
(2)
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Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
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<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of
subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome.
</html:p>
<html:p>
(B)
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However, the tenancy shall not be terminated for the reason specified in this paragraph if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental
agreement or any amendment thereto.
</html:p>
<html:p>
(B)
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An act or omission of the homeowner or resident shall not constitute a failure to comply with a reasonable rule or regulation unless and until the management has served the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure with written notice in compliance with this paragraph of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. The notice shall recite the language of each rule or regulation for which the homeowner is alleged to be in violation, along with the specific facts to permit determination by the homeowner or resident of the date, place, or circumstances concerning the alleged violation, as well as any action required to adhere to or comply with the rule or regulation. However, if a homeowner has been
given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
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<html:p>
(C)
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This paragraph does not relieve the management from its
burden of demonstrating that a rule or regulation has in fact been violated.
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<html:p>
(5)
<html:span class="EnSpace"/>
(A)
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Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this paragraph, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice
may be given at the same time as the 60 days’ notice required for termination of the tenancy. A three-day notice given pursuant to this paragraph shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
</html:p>
<html:p>“Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (a)(5)(E), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.”</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Payment by the homeowner
prior to the expiration of the three-day notice period shall cure a default under this paragraph. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Cure of a default
of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this paragraph, shall not be exercised more than twice during a 12-month period.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in subparagraph (A) no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
</html:p>
<html:p>In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the
notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.</html:p>
<html:p>
(F)
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When a copy of the 60 days’ notice described in subparagraph (E) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges
was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
</html:p>
<html:p>If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in subparagraph (E) shall be rescinded.</html:p>
<html:p>
(6)
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Condemnation of the park.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Change of use of the park or any portion thereof, provided:
</html:p>
<html:p>
(A)
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The management gives the homeowners at least 60 days’ written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice
shall disclose and describe in detail the nature of the change of use.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowner’s tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The notice requirements for termination of tenancy set forth in this section and Section 798.57 shall be followed if the proposed change actually occurs.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this paragraph shall be governed by the law in effect at the time the notice was given.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to paragraph (7) of subdivision
(a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A tenancy shall not be terminated pursuant to paragraph (5) or (7) of subdivision (a) and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “financial institution” means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
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