Mark Busch Q&A: RV No-Cause Evictions Under New Rent Control Laws

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Mark L. Busch

Question: We have an RV tenant in our park who we would like to evict to bring in a mobile home on the space. The RV tenant is month-to-month and has lived here for several years. Can we issue a no-cause eviction notice to clear up the space?

Answer: The short answer is "no," you cannot evict an existing RV tenant who has been there for more than one year for no reason.

Under newly enacted Senate Bill 608, landlords cannot evict RV tenants for no reason after the first year of occupancy. After the first year, the tenant cannot be evicted as long as the tenant (1) pays the rent, and (2) follows the park rules. Since your existing RV tenant has been in the park for more than one year, you cannot evict the tenant with a no-cause notice.

The new law forces landlords to primarily rely on for-cause notices after the first year of tenancy (i.e., rent nonpayment, violation of park rules, etc.). As such, I recommend that you carefully monitor RV tenants during the first yearof tenancy and evict tenants who seem likely to become "problem" tenants. During the first year, month-to-month RV tenants can be evicted with a 30-day, no-cause notice.

Please note that there are some exceptions that would allow a landlord to evict long-term tenants on 90 days' notice if the RV rental space is being converted to another use, or substantial repairs are planned. Even then, the tenant must be paid one month's rent if evicted with a 90-day notice. However, these exceptions would generally apply only if the park (or parts of it) are closed and converted to another use.

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