California Mobile Home Park Lease Law: What Operators Need to Include

What must a mobile home lot lease include in California?

If you operate a mobilehome park in California, the lot rental agreement between the park and each homeowner is tightly regulated by the Mobilehome Residency Law (MRL), Civil Code Section 798 and following. The MRL treats the written agreement as a consumer-protection document, not just a private contract, and it dictates both what the agreement must contain and what it may not contain.

The two anchor statutes for lease drafting are Civil Code Section 798.15, which lists the mandatory contents of the written agreement, and Section 798.18, which requires you to offer a term of at least 12 months. Section 798.15 opens: 'The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following.' In other words, an oral or bare-bones lot lease does not satisfy California law.

This guide summarizes what the lot lease must include, the term you must offer, the disclosures the agreement must carry, and the clauses California law makes void. It is general information for park operators, not legal advice; because the Legislature amends the MRL nearly every year, confirm the current statutory text before you finalize a template.

The Section 798.15 written-agreement contents

Section 798.15 requires the lot lease to be in writing and to contain a specific, ordered set of provisions. It must state '(a) The term of the tenancy and the rent therefor' and '(b) The rules and regulations of the park.' The financial terms and the park rules are therefore core lease contents, not side documents.

The agreement must also incorporate the MRL itself. Under subdivision (c), 'A copy of the text of this chapter shall be provided as an exhibit and shall be incorporated into the rental agreement by reference,' and management must, before February 1 each year, either give all homeowners the updated chapter or notify them of a significant change and provide a free copy within seven days on request. Subdivision (d) requires a provision making management responsible to maintain the common-facility physical improvements in good working order, with a reasonable time to repair a sudden or unforeseeable breakdown.

The lease must further include '(e) A description of the physical improvements to be provided the homeowner during the homeowner's tenancy' and, under subdivision (f), 'A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for those services.' Subdivision (g) permits a reasonable land-maintenance fee only after written notice and the homeowner's failure to cure within 14 days, subdivision (h) sweeps in 'All other provisions governing the tenancy,' and subdivision (i) requires the statutorily worded 'Important Notice' summarizing homeowner rights.

The 12-month term offer and required disclosures

Section 798.18(a) puts the burden on management to offer a longer term: 'A homeowner shall be offered a rental agreement for (1) a term of 12 months, or (2) a lesser period as the homeowner may request, or (3) a longer period as mutually agreed upon by both the homeowner and management.' You must offer at least 12 months; the homeowner may then choose a shorter term or month-to-month, but the offer itself is mandatory. Keep proof that the 12-month option was extended.

You also cannot use a longer term to load unfavorable economics into year one. Section 798.18(b) provides that 'No rental agreement shall contain any terms or conditions with respect to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12 months of the rental agreement from the corresponding terms or conditions that would be offered to the homeowners on a month-to-month basis.'

On disclosures, the agreement itself must surface the rent and term, the park rules, the incorporated MRL text with the annual-update commitment, the description of physical improvements, and the itemized list of services and their fees (Section 798.15(a), (b), (c), (e), (f)). Separately, and only in passing here, Section 798.30 requires at least 90 days' written notice before any rent increase — a notice obligation during the tenancy rather than a clause the lease must contain.

Prohibited provisions and void waivers

The MRL makes certain lease clauses unenforceable no matter how the agreement is worded. Section 798.19 states: 'No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8, inclusive, of this chapter,' and any such waiver 'shall be deemed contrary to public policy and void.' A clause asking the homeowner to give up MRL protections is therefore worthless and can expose the park to liability.

Section 798.19.5 bars a right-of-first-refusal clause in the lease: 'A rental agreement entered into or renewed on and after January 1, 2006, shall not include a clause, rule, regulation, or any other provision that grants to management the right of first refusal to purchase a homeowner's mobilehome that is in the park and offered for sale to a third party.' Any right of first refusal must be handled, if at all, through a separate, independently negotiated agreement with distinct consideration — not embedded in the lot lease.

Section 798.18(b) is a further limit: first-12-month charges for rent, utilities, and incidental services cannot differ from the month-to-month terms. Taken together, these sections mean an operator cannot draft around the MRL by waiver, by a purchase-option clause, or by front-loading year-one charges. Scrub legacy templates for any of these before you renew.

Lease requirements at a glance in California

• Written agreement required
  Section 798.15 requires the lot lease to be in writing and to contain the enumerated provisions; an oral tenancy does not comply.
• Term and rent
  Section 798.15(a) requires the agreement to state 'The term of the tenancy and the rent therefor.'
• Park rules and regulations
  Section 798.15(b) requires the park's rules and regulations to be part of the agreement.
• MRL incorporated as exhibit
  Section 798.15(c) requires a copy of the MRL chapter as an exhibit, incorporated by reference, plus an annual update notice by February 1 after significant changes.
• Maintenance and improvements
  Section 798.15(d) and (e) require a management common-facility maintenance provision and a description of physical improvements provided to the homeowner.
• Services and fees listed
  Section 798.15(f) requires a provision listing the services provided and the fees, if any, charged for them.
• 12-month term must be offered
  Section 798.18(a) requires management to offer a term of 12 months or longer; the resident may elect a shorter term or month-to-month.
• No worse year-one charges
  Section 798.18(b) prohibits first-12-month rent, utility, or service terms that differ from month-to-month terms.
• No waiver of MRL rights
  Section 798.19 makes any provision waiving the homeowner's MRL rights contrary to public policy and void.
• No right of first refusal in the lease
  Section 798.19.5 bars a right-of-first-refusal-to-purchase clause in agreements entered or renewed on or after January 1, 2006.

Operator best practices in California

• Base your template on the current MRL
  Draft the lot lease from the current-year Civil Code Section 798.15 checklist and re-verify the text before each renewal cycle, since the MRL is amended frequently.
• Attach and update the MRL exhibit
  Physically include the MRL chapter as an exhibit and calendar the February 1 annual update duty so you either redistribute the chapter or notify homeowners of significant changes.
• Document the 12-month offer
  Present and retain written proof of the Section 798.18 offer of a 12-month-or-longer term, and let the homeowner elect a shorter term in writing if they prefer.
• Itemize services and fees clearly
  List every service provided and its fee under Section 798.15(f) so charges are enforceable and disputes are minimized.
• Strip out void clauses
  Remove any MRL-waiver language (Section 798.19) and any right-of-first-refusal clause (Section 798.19.5) from legacy templates.
• Honor the 90-day rent-increase notice
  Build a workflow that gives at least 90 days' written notice of any rent increase under Section 798.30, separate from the lease itself.
• Keep signed copies and rules current
  Retain the fully signed agreement with all exhibits and ensure the incorporated park rules match your posted rules to avoid inconsistency.
• Build a relationship with a California MHP attorney
  Have experienced California mobilehome-park counsel review and periodically re-audit your lot-lease template, because MRL compliance is technical and changes yearly.