Keh
Keh v. Walters
Opinion
Opinion
Bamattre-Manoukian, J.
The owner of a mobilehome park brought this unlawful detainer action against tenants renting a space in the park. Under the Mobilehome Residency Law, Civil Code section 798 et seq., a park owner may terminate a mobilehome park tenancy when there is a “change of use of the park or any portion thereof.” (Civ. Code, § 798.56, subd. (g).) The park owner claimed that the vacancy of the one space resulting from the eviction of these tenants constituted a change of use of a portion of the park, within the meaning of section 798.56, subdivision (g). The municipal court granted judgment for the park owner. The Appellate Department of the Santa Cruz Superior Court affirmed and certified the matter to this court as a case of first impression.
We find that the eviction was unlawful under Civil Code section 798.56, subdivision (g), and further that the park owner failed to comply with the provisions of Government Code section 65863.7, which requires the filing and review of a tenant impact report before any change of use of a mobile-home park can occur. We therefore reverse the judgment.