California Cases Mobile Home Residents Sue Negligent Landlord

Need info on California cases mobile home residents suing negligent landlord? Learn more about California cases of mobile home residents suing negligent landlords…

There are many cases available in print and online about cases of gross negligence against tenants and successful claim of damages awarded to the plaintiff.

Types of Cases Pending Under Negligence

There are many types of cases pertaining to tenants suing mobile home owners for negligence. These include robberies or breaking and entering due to improper security in gated communities. Other cases may include fire due to faulty wiring.

Natural Disasters Lawsuits

Furthermore, the mobile homeowners can be sued for being unprepared for managing natural disasters. If the quality and construction of the home does not comply with the standards by building codes and regulations, the tenants can sue the owner.

Any injuries caused by stray animals or pets of other tenants and defects in the construction are also grounds for filing a lawsuit. Violent tenants who have not been evicted from their houses and inflict emotional, physical or mental distress on the California resident can also be grounds of a lawsuit. California has statutory regulations in place for natural disasters; these instances can also be classified under the same category.

A Precedent for Dog Attack under Negligent Behavior

A very pertinent case that set a precedent for other mobile homeowners who rent out was the lawsuit of ”Donchin v. Guerrero (1995) 34 Cal. App. 4th 1832, 41 Cal. Rptr. 2d 192″. In this case the landlord was sued when the tenant whose two violent dogs attacked a passerby. Since the landlord was aware of the violent behavior of the dogs and knew that they posed a certain threat but refrained from taking any action against them, he was considered liable for the damages to the passerby.

Violent Tenant Inflicting Emotional or Physical Distress

Another example of a resident filing a successful lawsuit was evident in the case of ‘In Andrews v. Mobile Aire Estates,’ which was a case filed and concluded in 2005. The reference number provided by the Court of Appeal is 125 Cal. App. 4th 578, 22 Cal. Rptr. 3d 832. In this case the situation was classified as a breach of contract because the landlord did not take action against violent and troublesome tenants in the neighborhood.

Third Party Negligence

Therefore, one must understand that third-party negligence can be a cause for California mobile home residents filing a lawsuit against the landlords. This is basically utilized in awarding damages to the plaintiff when the injuries were caused by the negligent behavior of the landlord. It also depends on whether or not the situation was foreseeable and neglected.

New California Laws for Mobile Homes and Planned Communities

There are new California mobile home laws that allow the residents certain specific privileges. Any breach of these privileges would give grounds to the residents of mobile homes for suing negligent landlords in California. Since 1999 the law has allowed residents to have pets. All the planned unit developments that have common interest housing would be open to pets. No management regulations can stop this provision.

When it comes to tenant security, the law requires all the property owners of the rented houses to fix and maintain an operational deadbolt lock on each of their main swinging entry doors. Any individual running a managed childcare facility has to notify the property owner. The Utility Charge Relief  prevents the local utility companies from adding a lien if the property is vacated without the previous tenant paying the bills. This allows the utility company to claim the unpaid debt from the previous user. It can also allow the utility company to take a security deposit prior to giving the house for rent.

( No ratings yet )