Evans

— Can a mobilehome park owner prohibit a mobile-home owner from subleasing his mobilehome? We hold that the parties can validly agree to the restriction, but that a rule prohibiting all subleasing imposed by the park owner without the homeowner’s consent is not a reasonable park rule and is therefore unenforceable as to the homeowner and her tenant.

Facts

Appellant, Barbara Evans, is the owner of a mobilehome situated in Rancho Santa Paula Mobilehome Park. In 1987, Evans and her now deceased husband purchased the mobilehome and rented space in respondent park. Evans has never resided in the mobilehome. Evans’s stepdaughter resided in the mobilehome until February 1992, when she was forced by illness to vacate. Since March 1992, Evans has listed the mobilehome for sale but has not found a buyer. From March through June 1992, the mobilehome remained unoccupied. On June 28, 1992, Evans leased her *1142 mobilehome to appellant Dolores Erb. Erb remains a tenant in the mobile-home subject to vacating should Evans sell the mobilehome.

On July 27, 1992, 1 respondent distributed amended park rules to the homeowners. The amended rules contained the following provision: “1.…

— I respectfully dissent. While the parties, the trial court, and the majority put various interpretations on what is at stake, I believe the issue is straightforward: Can a mobilehome park owner adopt a rule which has the effect of precluding subleasing? The answer is “yes.”

The Legislature has apparently elected not to treat the issue of subleasing in the otherwise comprehensive Mobilehome Residency Law. (Civ. Code, *1150 § 798 et seq.) 1 Section 798.23 provides that the owners of mobilehome parks must comply with the park rules and regulations but “(c) . . . this section shall not affect in any way, either to validate or invalidate, nor does this section express a legislative policy judgment in favor of or against, the enforcement of a park rule or regulation which prohibits or restricts the subletting of a mobilehome park space by a tenant.” The fair import of this section is that subletting is to be governed by the rental agreement between managment and the homeowner and/or the rules and regulations adopted by the mobilehome park. Whether this is a good idea or a bad one is not an appropriate question to be decided by the judiciary. (Rubin v. Green (1993) 4 Cal.4th 1187,1205…

Can a mobilehome park owner prohibit a mobilehome owner from subleasing his mobilehome? We hold that the parties can validly agree to the restriction, but that a rule prohibiting all subleasing imposed by the park owner without the homeowner's consent is not a reasonable park rule and is therefore unenforceable as to the homeowner and her tenant.

Appellant, Barbara Evans, is the owner of a mobilehome situated in Rancho Santa Paula Mobilehome Park. In 1987, Evans and her now deceased husband purchased the mobilehome and rented space in respondent park. Evans has never resided in the mobilehome. Evans's stepdaughter resided in the mobilehome until February 1992, when she was forced by illness to vacate. Since March 1992, Evans has listed the mobilehome for sale but has not found a buyer. From March through June 1992, the mobilehome remained unoccupied. On June 28, 1992, Evans leased her mobilehome to appellant Dolores Erb. Erb remains a tenant in the mobilehome subject to vacating should Evans sell the mobilehome.

On July 27, 1992, [1] respondent distributed amended park rules to the homeowners. The amended rules contained the following provision: "1.…