(Added by Ord. No. 180,071, Eff. 8/30/08.)
State law, including the Mobilehome Residency Law at California Civil Code Section 798, et seq., governs many aspects of agreements to rent mobilehomes. This section supplements the provisions of the State Mobilehome Residency Law.
A. Every mobilehome owner and every prospective mobilehome owner in a mobilehome park subject to the provisions of this article shall have the option to reject a rental agreement offered for the lease of a mobilehome, and to reject a rental agreement offered for the lease of the site of the mobilehome, and shall be entitled to accept a rental agreement for a term of 12 months or less, including a month-to-month agreement, pursuant to the provisions of state law and Subsection C. of this section.
B. Neither a mobilehome owner nor a prospective mobilehome owner shall be required to sign a lease or rental agreement that is exempt from the provisions of this article. Neither a mobilehome owner nor a prospective mobilehome owner shall be required to sign a lease in excess of 12 months.
C. A prospective mobilehome owner who rejects an offered rental agreement in excess of 12 months duration shall be entitled to instead accept a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In the event the prospective mobilehome owner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same rental charges, terms and conditions as the rejected rental agreement during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement.
D. Before any rental agreement in excess of 12 months is executed by a prospective mobilehome owner, the prospective mobilehome owner shall: (i) be offered the option of a rental agreement for a term of 12 months or less; and (ii) be informed both orally and in writing that a lease or rental agreement in excess of 12 months shall not be subject to the terms and provisions of this article.
E. A notice, which conforms to the following language and printed in at least 12-point boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed, shall be presented to the prospective mobile home owner at the time of presentation of a rental agreement creating a tenancy with a term greater than twelve months:
IMPORTANT NOTICE TO PROSPECTIVE MOBILEHOME OWNER REGARDING THE PROPOSED RENTAL AGREEMENT FOR _______________. PLEASE TAKE NOTICE THAT THIS RENTAL AGREEMENT CREATES A TENANCY WITH A TERM IN EXCESS OF 12 MONTHS. BY SIGNING THIS RENTAL AGREEMENT, YOU ARE EXEMPTING THIS TENANCY FROM THE PROVISIONS OF THE RENT STABILIZATION ORDINANCE OF THE CITY OF LOS ANGELES FOR THE TERM OF THIS RENTAL AGREEMENT. THE RENT STABILIZATION ORDINANCE (LOS ANGELES MUNICIPAL CODE CHAPTER XV, ARTICLE 1) AND THE STATE MOBILEHOME RESIDENCY LAW (CALIFORNIA CIVIL CODE SECTION 798, et seq.) GIVE YOU CERTAIN RIGHTS, INCLUDING THE RIGHT TO A TENANCY OF 12 MONTHS OR LESS THAT IS NOT EXEMPT FROM THE PROVISIONS OF THE RENT STABILIZATION ORDINANCE. BEFORE SIGNING THIS RENTAL AGREEMENT, YOU MAY WANT TO SEE A LAWYER. IF YOU SIGN THE RENTAL AGREEMENT, YOU MAY CANCEL THE RENTAL AGREEMENT BY NOTIFYING THE PARK MANAGEMENT IN WRITING OF THE CANCELLATION WITHIN 72 HOURS OF YOUR EXECUTION OF THE AGREEMENT. IT IS UNLAWFUL FOR A MOBILEHOME PARKOWNER OR ANY AGENT OR REPRESENTATIVE OF THE OWNER TO DISCRIMINATE OR RETALIATE AGAINST YOU BECAUSE OF THE EXERCISE OF ANY RIGHTS YOU MAY HAVE UNDER THE RENT STABILIZATION ORDINANCE OF THE CITY OF LOS ANGELES, OR BECAUSE OF YOUR CHOICE TO ENTER INTO A RENTAL AGREEMENT THAT IS SUBJECT TO THE PROVISIONS OF THAT ORDINANCE.
F. The Notice described in Subsection E. of this section shall contain a place for the prospective mobilehome owner to acknowledge receipt of the notice and shall also contain an acknowledgment signed under penalty of perjury by the person offering the rental agreement that the notice has been given to the prospective mobilehome owner in accordance with the previous subsection. A copy of the notice executed by the person offering the rental agreement shall be provided to the prospective mobilehome owner.
G. A prospective mobilehome owner may cancel a mobilehome rental agreement by notifying park management in writing of the cancellation within 72 hours of the execution of the agreement.