Q: This situation is happening in Kern County, CA. My friend inherited a mobile home when his mother passed over a year ago
It is in a park where he is required to pay space rent each month. He has fallen behind in those payments. The managers of the park are harassing him and making things very difficult on him. He has tried talking to them because he would like to make a payment arrangement to catch him up. The managers will not communicate with him and they turned his water off. Can they do that? What can he do about this?
A:
In California, landlords are generally required to provide habitable living conditions, which include access to running water. Turning off a tenant's water supply is a serious violation of the tenant's rights and could be considered a "self-help" eviction, which is illegal in California.
Here are some steps your friend can take:
1. Contact the landlord in writing: Your friend should send a written notice to the landlord requesting that the water be turned back on immediately and stating that the landlord's actions are illegal.
2. File a complaint with the Department of Housing and Community Development (HCD): The HCD is responsible for overseeing mobile home parks in California. Your friend can file a complaint with the HCD, and they may investigate the issue and take action against the park managers.
3. Seek legal assistance: Your friend should consider contacting a local tenant rights organization or a private attorney who specializes in landlord-tenant law. They can provide guidance on his rights and help him take legal action if necessary.
4. Pay the rent: If possible, your friend should try to pay the overdue rent to avoid giving the landlord a legitimate reason for eviction. If he cannot pay in full, he should attempt to negotiate a payment plan in writing.
5. Consider moving out: If the living conditions have become uninhabitable and the landlord is unwilling to remedy the situation, your friend may need to consider moving out of the mobile home park.
It is crucial for your friend to document all interactions with the landlord and keep copies of any written communications. This evidence may be necessary if legal action is required to protect his rights as a tenant.
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