Legal Question in Landlord & Tenant Law in California

Renting 1/2 mobile home 9 mos suddenly park says I am guest not tenant

My question involves an eviction in the state of: California

about nine months ago my aunt who owns a mobile home asked me to live with her. She has a 25 year old severely disabled son. She told me she needed help caring for her son and had many projects around the house in exchange for room and board. I accept. She tells the park manager about me coming to live there and they approve. What happens in the coming months is hard to believe but it�s true. I help her daily. I don�t want to bore you with details, so I'll try to get to the legal aspect. I witness her abuse the disabled boy.I threaten to call the police. The next day police come with a domestic violence restraining order. I never touched, yelled or threatened .While I was away she caught her half of the home on fire sold most my belongings (my work tools).Adult protective services tells her she cant stay there with the disabled boy. She never goes to the DVRO hearing its dropped so I move back in. Shortly there after she breaks all my car windows then stabs me now shes on the run felony warrants. She is still paying the space rent. Now suddenly the park says since she moved I can't be her guest. The park wont let me pay rent and I have a DVRO on her now.


Asked on 9/19/08, 12:02 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Renting 1/2 mobile home 9 mos suddenly park says I am guest not tenant

Sadly, you were probably not approved to live in the park as a tenant, but rather as a "caretaker" under the Mobile Home Residency Law. A park can allow a "caretaker" to live in a home in the park so long as a caretaker is required by written treatment plan signed by a physician. Caretakers never gain rights as a tenant - its a form of license which says that you your permission to live in the home in the park can be terminated at virtually any time, and without the normal notices required for a tenant. Ask the park managers for a copy of the approval when you moved in. It should either state that you were approved as a tenant (and as such, you have as much right to stay in the home as your aunt), or as a caretaker, in which case you cannot remain unless the park management will approve you as a tenant. Given all that has gone on, I doubt they will approve you to live there. Additionally, as you do not own the home, you are technically "subletting" the home, and that is not permissible in most mobile home parks. I don't think you have any cause against the park owners for damages, or to force them to let you live there. If nobody is living with the disabled boy, you need to do the right thing and contact social services to have them take him into custody, or get a court order naming you guardian and take him with you to where ever you are going to move. I'm sorry to have to be the bearer of bad news in this case, it sounds absolutely aweful.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/19/08, 1:07 pm


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