Q: Liability for rent if co-owner of mobile home leaves and refuses to pay in California.
My wife and her mother equally own a mobile home, but we are renting the land it sits on under a 5-year lease ending in June 2026. Recently, my mother-in-law packed up and left without any notice, refusing to pay her share of the rent. She is on probation from a DUI and recently received her full sentencing. Despite being on the lease, she tried to unofficially transfer her share of ownership to her son by writing it on a paper. We notified our land managers about her non-payment and requested an extension on the rent. We are also considering selling the mobile home. Are we liable for her portion of the rent, and what are our options in this situation?
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- California
- (916) 704-3009
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- Answered
A:
Under California law, when multiple parties sign a lease agreement, they typically share joint and several liability for the entire rent amount, meaning you and your wife are indeed responsible for the full payment despite your mother-in-law's departure. The informal transfer of ownership to her son lacks legal validity without proper documentation and likely requires adherence to specific title transfer procedures applicable to mobile homes in California.
Your immediate options include pursuing small claims court action against your mother-in-law for her portion of the rent, negotiating with your landlord for a formal lease modification, or exploring an early termination of the lease. The situation is further complicated by the joint ownership structure of the mobile home itself, as selling would require either your mother-in-law's cooperation or a court-ordered partition action to force the sale.
We recommend documenting all communications with your mother-in-law regarding rent payment obligations, consulting with the mobile home park management about their policies for this situation, and potentially filing for a temporary restraining order to prevent further unauthorized transfers of ownership. Given the complexity of mobile home ownership and tenancy laws in California, consulting with a legal professional who focuses on mobile home law could provide strategic guidance tailored to your specific circumstances and prevent potential financial penalties associated with lease violations.
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