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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Can my landlord evict my daughter from my mobile home?

Customer Question

can my landlord evict my daughter from my mobile home?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 3 months ago.

Thank you for your question.

Please describe the situation a little more.

Where is the property located?

Customer: replied 3 months ago.
Stanton, CA
Customer: replied 3 months ago.
My daughter's car was about to be towed away being parked in front of my house (outside of my carport) but she stop it by jumped in the car after it was hitched up, for that behavior she is got eviction notice. Can they do that?
Customer: replied 3 months ago.
she is most responsible for my household needs such as cooking, cleaning, laundry as well as to giving me ride to work and back.
Customer: replied 3 months ago.
she is essentially my care taker and i need her to be able to live here with me. please help me.
Expert:  N Cal Attorney replied 3 months ago.

May I ask how long she has lived there and whether she ever paid rent directly to the owner or manager?

Is her name is ***** ***** rental agreement?

Expert:  N Cal Attorney replied 3 months ago.

Did they post a notice on her vehicle prior to trying to remove it?

Customer: replied 3 months ago.
no to any of questions. and she has been here with me for last 3 months.
Expert:  N Cal Attorney replied 3 months ago.

Please describe what the eviction notice says.

Is this a regular mobile home park or a seniors only park?

Expert:  N Cal Attorney replied 3 months ago.

Do you have a copy of the park rules and regulations?

Do you have a copy of your lease?

Customer: replied 3 months ago.
its exact words are as follows;
It has been brought to our attention to this office that you have allowed a female to move into your home without prior approval from park office. The person recently parked her vehicle on park's street for over two plus hours with or without your knowledge . When the tow company attempted to conduct towing of this vehicle, she jumped into the vehicle and started it up and attempted to drive off the towing truck. she refused to get out of vehicle and pay drop fee so that company could release her vehicle. attempts were made to make contact at your home to speak with you for your assistance in this matter with no avail. this left us with no other option to call the police for assistance. She was then instructed by the police to get out of the vehicle.
on this notice it also gives her 7 days to remove her from my house or 60 days notice for me.
and yes it is regular mobile home park.
and yes i do have original lease agreement.
Customer: replied 3 months ago.
also I have received 2nd notice dated same day for 5 days notice
Expert:  N Cal Attorney replied 3 months ago.

Civil Code: 798.35. A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the "immediate family" shall be limited to the homeowner, his or her spouse, their parents, their children, and their grandchildren under 18 years of age.

798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management.

(b) A homeowner who is living alone and who wishes to share his or her mobilehome with one person may do so, and a fee shall not be imposed by management for that person. The person shall be considered a guest of the homeowner and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. The guest shall comply with the provisions of the rules and regulations of the mobilehome park.

(c) A homeowner may share his or her mobilehome with any person over 18 years of age if that person is providing live-in health care or live-in supportive care to the homeowner pursuant to a written treatment plan prepared by the homeowner's physician. A fee shall not be charged by management for that person. That person shall have no rights of tenancy in the park, and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. That person shall comply with the rules and regulations of the mobilehome park.

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Do you have or can you obtain a written treatment plan prepared by the homeowner's physician?

Please tell me exactly what the eviction notice says. You can scan and post it here, or scan and email it to***@******.*** and write forCustomeras the subject line. Is it possible for you to post or email a copy of your lease?