Mobilehome Park Rental Increase

[PaulMc]

What is the name of your state (only U.S. law)? California

I am conservator for my brother who is on SSDI. He owns a mobile home and has been getting reduced rental rates for many years. Three years ago, the trailer was gutted due to mold, and sat unoccupied for at least a year while we struggled to come up with the funds to rebuild it. Meanwhile, he stayed at our mother's place.

In November 2006, we received a notice from the park that unless he lived in the trailer, they would charge the regular rental rate, which is double what he has been paying. Not wanting to have to pay the regular rate, we began renovations to the trailerin Feb. 2007. Various delays have made the renovations drag on for a long time. The threat of a rent increase never materialized.

Since he moved into our mother's house, he has been diagnosed with serious health problems, and has been in and out of hospitals and nursing homes for the past two years. Last may, we lost our mother, and the house is up for sale. He will not be able to live there, but after a very long time, the mobile home is completed, and we want to return him to his home. I plan to have him discharged from the nursing home next week.

Two months ago, the bill for the rent suddenly doubled and included a surcharge of $125 for a non owner-occupied unit. The new rate exceeds his entire monthly SSDI income, which leaves no funds for food. My question is, can the park suddenly raise the rent without notice? I have tried emailing the park, called several times to speak to the head of the park, sent a letter, asking to have an interview with him, etc., but he won't return my calls, emails or letters. I haven't sent any money, and now the new rent bill has come, including surcharges and late fees. Am I obilgated to pay this bill, or should I withhold payment until I have a chance to resolve the issue? Will I lose the low rental rate or have to renew the reduced rent agreement? If I can't resolve the issue, and reduce the rental rate, he will not be able to live there. Any help would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[Mrs. D]

The park did notify you of the increase, months ago. Just because they chose not to exercise their discretion to charge more at the time doesn't mean they can't do it now. In the lease for the lot, there is probably a clause that states "failure to enforce any provision of this lease in one period does not prevent the landlord for enforcing that provision in a later period" or something similar. What that means is that it is up to the LL to decide when and if they enforce provisions of the lease, and not doing so at one point doesn't mean they can't do it later.

However, if there is some provision about the reduced rent, it seems likely that they would have to take the rent back down to the reduced amount as soon as your brother moves back in. If he was not residing in the trailer due to medical problems, you may have an argument that that should not eliminate his rent benefit. Also, if the trailer was uninhabitable for a time, although chances are you would have to show a good faith effort to restore it to habitable condition in a timely manner for that argument to fly. Years of remodeling for a trailer doesn't seem timely. You should try talking with the LL first, explain your brother was in a nursing home (don't tell him why, just let him think he was really sick), and that he'll be returning in a week or whatever. Maybe he'll see the light at the end of the tunnel and reconsider. Or maybe LL is upset about having to rent to someone at a reduced rate and is trying to get rid of him. You could also, being the good brother you are, maybe help your brother pay the two months of full rent and let him pay you back over an extended time?