Otanez v. Blue Skies Mobile Home Park

[1523]

Opinion

GILBERT, J.

A landlord may not terminate a tenant’s occupancy of his or her residence under a lease by shutting off the utility services. (Civ. Code,

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§ 789.3.)

We hold that a tenant need not live in the premises full-time in order to be a resident.

Here the owner of a mobilehome in Santa Barbara moved to Nevada but continued to pay rent for the space in which her mobilehome was located. Her landlord, through his property managers, discontinued the utilities to her mobilehome. She sued the landlord and property managers under section 789.3 and under a statute defining tenancy (§ 798.12). The trial court granted the defendants’ motion for summary judgment.

The tenant appeals contending she qualified as a resident of the mobile-home even though she had moved elsewhere; residency presented a triable issue of fact; and the motion did not reach the cause of action for violation of section 798.12. We hold that a reasonable trier of fact could find the landlord, but not the property managers, liable under section 789.3. We reverse.

Facts

Sandra Otanez owned a mobilehome at the Blue Skies Mobile Home Park. Her lease of the space on which her mobilehome was situated provided in part; “Lessor shall not use or permit the demised premises or any part thereof to be used for any purpose other than as residence for the persons listed above. No other persons may reside at the premises without prior written permission of Lessor . . . .” The rent included payment for utilities except electricity and gas. Charges for electricity and gas were billed to the lessee monthly by the lessor.

In August of 1989 Otanez moved to Stateline, Nevada, and put her mobilehome up for sale. She continued, however, to pay and Blue Skies

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continued to accept monthly rent and utility payments. On February 2, 1990, before the expiration of the lease term, Blue Skies cut off gas, water and electricity to Otanez’s mobilehome. The utilities were restored on June 1, 1990, after Otanez’s attorney and Paul Peppard, the owner of Blue Skies, corresponded.