§ 540-2.1408. Mobilehome owner's right to agree to term of lease.

(a)

Every mobilehome owner and prospective mobilehome owner shall have the option to reject an offered rental agreement and accept a rental agreement for a term of twelve months or less, including a month-to-month agreement.

(b)

Before any rental agreement or lease is excess of twelve months is executed by the mobilehome owner or prospective mobilehome owner, the park owner must: (1) offer the mobilehome owner or prospective mobilehome owner the option of a rental agreement for a term of twelve months or less, (2) provide the mobilehome owner or prospective mobilehome owner with a copy of the ordinance codified in this chapter or an information sheet briefly summarizing the ordinance, prepared by the rent review officer, stating that the park is subject to this chapter and that a copy of this chapter may be obtained from the rent review officer, and (3) inform the mobilehome owner or prospective mobilehome owner in writing that if he or she signs a lease or rental agreement with a term in excess of twelve months, the lease or rental agreement may not be subject to the terms and protection of this chapter.

(c)

A notice, which conforms to the following language and printed in bold letters of the same type size as the largest type size used in the rental agreement, shall be presented to the mobilehome owner or prospective mobilehome owner at the time of presentation of a rental agreement creating a tenancy with a term greater than twelve months:

IMPORTANT NOTICE TO MOBILEHOME OWNER REGARDING THE PROPOSED RENTAL AGREEMENT FOR _______ MOBILEHOME PARK: PLEASE TAKE NOTICE THAT THIS RENTAL AGREEMENT CREATES A TENANCY WITH A TERM IN EXCESS OF TWELVE (12) MONTHS. BY SIGNING THIS RENTAL AGREEMENT, YOU ARE EXEMPTING THIS MOBILEHOME SPACE FROM THE PROVISIONS OF THE COUNTY OF CONTRA COSTA MOBILEHOME SPACE RENT STABILIZATION ORDINANCE FOR THE TERM OF THIS RENTAL AGREEMENT. THIS ORDINANCE AND THE STATE MOBILEHOME RESIDENCY LAW (CALIFORNIA CIVIL CODE SEC. 798 et seq.) GIVE YOU CERTAIN RIGHTS. BEFORE SIGNING THIS RENTAL AGREEMENT, YOU MAY CHOOSE TO SEE A LAWYER. UNDER THE PROVISIONS OF STATE LAW, YOU HAVE A RIGHT TO BE OFFERED A RENTAL AGREEMENT FOR (1) A TERM OF TWELVE (12) MONTHS, OR (2) A LESSER PERIOD AS YOU MAY REQUEST, OR (3) A LONGER PERIOD AS YOU AND THE MOBILEHOME PARK MANAGEMENT AGREE. YOU HAVE A RIGHT TO REVIEW THIS AGREEMENT FOR THIRTY (30) DAYS BEFORE ACCEPTING OR REJECTING IT. IF YOU SIGN THE RENTAL AGREEMENT YOU MAY CANCEL THE RENTAL AGREEMENT BY NOTIFYING THE PARK MANAGEMENT IN WRITING OF THE CANCELLATION WITHIN SEVENTY-TWO (72) HOURS OF YOUR EXECUTION OF THAT AGREEMENT. IT IS UNLAWFUL FOR A MOBILEHOME PARK OWNER 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 COUNTY MOBILEHOME ORDINANCE, OR BECAUSE OF YOUR CHOICE TO ENTER INTO A RENTAL AGREEMENT WHICH IS SUBJECT TO THE PROVISIONS OF THAT ORDINANCE.

(d)

The notice described in the previous subsection shall contain a place for the mobilehome owner or prospective mobilehome owner to acknowledge receipt of the notice and shall also contain an acknowledgement signed under penalty of perjury by the park owner or manager that the notice has been given to the mobilehome owner or prospective mobilehome owner in accordance with the previous subsection. A copy of the notice executed by the park owner or manager shall be provided to the mobilehome owner or prospective mobilehome owner.

(e)

Pursuant to Civil Code Section 798.17, the provisions of this article regulating the amount of space rent which a park owner may charge for a mobilehome space shall not apply to any tenancy created by a rental agreement which is in excess of twelve months in duration. If a rental agreement subject to Civil Code Section 798.17 expires or is terminated and a new agreement is not entered, the last space rent charged under the provisions of the previous rental agreement shall be space rent charged for the mobilehome space, and the space rent for that mobilehome space may be increased only in accordance with the provisions of this chapter.

(Ords. 99-24, § 16, 95-31, § 2).

Article 540-2.16. Administration and Enforcement