Quiet enjoyment for mobilehome park residents is often challenging for the park owners to provide. Quiet enjoyment means providing an environment which is peaceful and quiet. In other words, one household does not have to endure certain types of behavior from other households. All multi-family housing owes the duty of quiet enjoyment to their residents, but for mobilehome park wwners and managers, the obligation has been challenging to provide due to the laws related only to mobilehome parks.
Now, mobilehome park owners and managers have the permanent option under Civil Code section 798.88 to enforce rules, including rules designed to fulfill the mobilehome park owner’s obligation to provide quiet enjoyment for the residents, through an expedited process without sending rule violation notices and/or termination notices.
The process is instigated by requesting an injuction on a 15 day notice to the offending household. The matter is heard in a limited jurisdiction court and without a jury. The benefits are (i) speed of remedy, (ii) less expensive cost of remedy, (iii) no displacement of the residents, and (iv) fulfilling the obligation to provide quiet enjoyment to the other residents in the park.
When rule violations by a resident cause problems for other residents, the injunctive relief option often is preferable to the costly and long process of eviction for Mobilehome Parks.
Liam Perry is an Associate Attorney at The Loftin Firm. For questions relating to this blog post or any other California real estate, land use, corporate, or estate planning matter, contact The Loftin Firm at 760-814-9649.