San Marcos Municipal Code Ch. 16.28 Temporary Rental of Mobilehomes in Mobilehome Parks

Various mobilehome parks prohibit the owner of a mobilehome from renting their mobilehome and subletting the mobilehome space for any period of time. Such rules from time to time impose hardships on owners of mobilehomes who are unable to reside in their mobilehomes but are held liable for the space rental and upkeep of their mobilehome while it is vacant and until the mobilehome can be sold or otherwise re-occupied. It is the intent and purpose of the City Council by enacting this chapter to alleviate hardships on mobilehome owners who are unable to reside in their mobilehomes by allowing the temporary rental of the mobilehome for a reasonable period of time.

It is unlawful for any person to prohibit an owner of a mobilehome lawfully occupying a space in a mobilehome park from renting that mobilehome under any of the following circumstances:

(a)

The owner of the mobilehome has resided therein for at least a one-year period prior to the vacancy that necessitates renting the mobilehome and is unable to continue to occupy the mobilehome either temporarily or permanently by reason of illness.

(b)

The owner of the mobilehome has resided therein for at least one year prior to an absence from the area which necessitates temporarily renting the mobilehome. "Absence from the area" means establishing a temporary or permanent primary abode for an intended period of at least 60 days.

(c)

The owner of a mobilehome has resided therein for at least a one-year period prior to the vacancy that necessitates renting the mobilehome and can no longer continue to meet the rules of occupancy of a mobilehome park by reason of a change of circumstances which disqualifies the owner from residency under the applicable park rules, (for example, the birth or adoption of a child in an adult only mobilehome park).

(d)

The owner of a mobilehome has resided therein for at least a one-year period prior to the vacancy that necessitates renting the mobilehome and the vacancy results from the consolidation of households by tenants in the park.

(e)

The owner is an heir of the prior owner, or a person in a fiduciary capacity who has received ownership of, or the possessory rights to, a mobilehome through probate, bankruptcy, or foreclosure, or by reason of the prior owner's death or incapacity and requires time to arrange for the sale of the mobilehome, or to arrange for occupancy of the mobilehome by the owner.

For the purposes of this section the term "Renter" refers to the person or persons who pay rent to the mobilehome owner in exchange for the temporary right to reside within the subject mobilehome (and the related right to occupy the space upon which the mobilehome is located), but not as a co-occupant with the owner. Any renter of a mobilehome must meet all the rules of occupancy of the mobilehome park in which the mobilehome is located with the exception of any rule which directly or indirectly prohibits, in conflict with this section, the temporary rental of a mobilehome for up to one year. Prior to the mobilehome renter's taking occupancy, that renter and the mobilehome owner shall provide the park owner with:

(a)

A copy of the mobilehome rental agreement between the owner and the renter;

(b)

The true names of all intended occupants, their residential phone numbers and their relationship to the renter;

(c)

Business phone numbers for all adult occupants who have such numbers; and

(d)

An agreement signed by all adult occupants which reads substantially as follows:

I have received copies of the lease between the park owner and the home owner for Space #____ and current park rules for the _______ Mobilehome Park. I have read those documents with care. I believe I understand them. I believe that I qualify for occupancy under those rules and the space rental agreement between the park owner and the home owner (except for provisions restricting or prohibiting subleasing). I agree to abide by those Park Rules and to meet all obligations of that space rental agreement which are relevant to an occupant. I understand that the park owner may directly enforce the space rental agreement (except for the provisions restricting or prohibiting subleasing) against me without giving up any rights against the mobilehomeowner.

Temporary rentals authorized by this chapter may not exceed 12 months in any two-year period. If the mobilehome owner resumes occupancy of the mobilehome after a rental allowed by Section 16.28.020(a), no other rental may be allowed pursuant to that subsection until 18 months have expired after the mobilehome owner has resumed occupancy.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. No. 92-930, 6-9-92)