Sonora, CA asked in Real Estate Law, Business Law, Civil Litigation and Landlord - Tenant for California

Q: Does occupying a mobilehome in a park for a substantial amount of time with no objection from management create tenancy?

I began to occupy a mobilehome, that I later purchased, for approximately 5 months prior to denial of my application to rent the space. I notified management of my occupancy, in person, in February and received no objection until August, 2 months AFTER denial of my application in June, and in September received a letter demanding that I immediately vacate my mobilehome and the park (7 months after notification of my occupancy). Does this create tenancy at sufferance and do I have any tenancy rights without a lease agreement but having occupied the mobilehome for a substantial amount of time with no objection?

1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
  • Norco, CA
  • Licensed in California

A: There are property rights that can be gained through the concept of "Adverse Possession," but these rights take years, not months. I don't see how the management company can force you to move out of a motorhome that you own, but without a lease, it can certainly force you to move the motorhome.

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