ARTICLE 4. Fees and Charges [800.40. - 800.50.]

Cal. Civil Code - CIV 4.

in effect

Cal. Civil Code - CIV § 800.40. Section 800.40.

The management shall give a homeowner written notice of any increase in his or her rent at least 30 days before the date of the increase, and the reason for the increase, including the basis for any calculation used in determining the amount of the increase.

Cal. Civil Code - CIV § 800.40.5. Section 800.40.5.

(a) (1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating home berth in a floating home marina more than 3 percent plus the percentage change in the cost of living, or 5 percent, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase. (2) If the same homeowner maintains a tenancy over any 12-month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases. (b) (1) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the floating home berth, management may establish the initial rental rate not subject to subdivision (a). However, if the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, that ordinance, rule, regulation, or initiative measure shall apply. Subdivision (a) shall be applicable to subsequent increases after the initial rental rate has been established, except as otherwise provided in this section. (2) Notwithstanding paragraph (1), management shall not impose an increase in rent on a homeowner that purchases a floating home if the purchase qualifies as an in-place transfer, and the initial rental rate shall be set at the rental rate of the previous tenancy. Subdivision (a) shall be applicable to subsequent increases after the initial rental rate has been established. (c) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each homeowner in accordance with Section 800.40. (d) Subdivision (a) shall not apply to a tenancy for any of the following: (1) A floating home berth restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) A floating home berth subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a). (e) (1) This section shall apply to all rent increases occurring on or after January 1, 2022. (2) In the event that management has increased the rent by more than the amount permissible under subdivision (a) between January 1, 2022, and January 1, 2023, both of the following shall apply: (A) The applicable rent on January 1, 2023, shall be the rent as of January 1, 2022, plus the maximum permissible increase under subdivision (a). (B) Management shall not be liable to a homeowner for any corresponding rent overpayment. (f) Any waiver of the rights under this section shall be void as contrary to public policy. (g) For the purposes of this section: (1) “Consumer Price Index for All Urban Consumers for All Items” means the CPI-U for the San Francisco-Oakland-Hayward metropolitan area, or any successor metropolitan area index. (2) (A) “Percentage change in the cost of living” means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph. (B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that. (ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year. (iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent. (3) “In place transfer” means the sale of a floating home where the floating home is transferred by a homeowner to a subsequent homeowner and remains docked at the same berth. (h) (1) Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent or the rental rate for a new tenancy, including any ordinance, rule, regulation, or initiative measure adopted before the effective date of this section. However, if a local ordinance, rule, regulation, or initiative measure allows for the rental rate for a new tenancy or a rental rate increase greater than that provided in subdivision (a), this section shall apply. (2) This section is not intended to express any policy regarding the appropriate, allowable rental rate increase limitations imposed by ordinance, rule, regulation, or initiative measure regulating rent increases adopted before or after the effective date of this section. (i) This section shall only apply to floating home marinas in the following counties: (1) The County of Alameda. (2) The County of Contra Costa. (3) The County of Marin, until Section 800.40.6 becomes operative. (j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

Cal. Civil Code - CIV § 800.40.6. Section 800.40.6.

(a) For the purposes of this section, the following definitions apply: (1) “Consumer Price Index for All Urban Consumers for All Items” or “CPI-U” means the Consumer Price Index for All Urban Consumers for All Items for the San Francisco-Oakland-Hayward metropolitan area, or any successor metropolitan area index. (2) (A) “Percentage change in the cost of living” means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B). (B) (i) For rent increases that take effect before August 1 of any calendar year, both of the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that. (ii) For rent increases that take effect on or after August 1 of any calendar year, both of the following shall apply: (I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year. (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year. (iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent. (3) “In place transfer” means the sale of a floating home where the floating home is transferred by a homeowner to a subsequent homeowner and remains docked at the same berth. (b) (1) Except as provided by this subdivision, management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy for a floating home berth in a floating home marina more than the percent change in the cost of living. If the gross rental rate is increased, the increase shall be a minimum of 3 percent and a maximum of 7.5 percent. (2) If the annual percent change in the cost of living exceeds 5 percent, only one-half of the percent change in cost of living that is in excess of 5 percent may be used to increase the gross rental rate up to the maximum allowable increase of 7.5 percent. (3) (A) This subdivision shall apply to all rent increases occurring on or after July 1, 2025. (B) In the event that management has increased the rent by more than the amount permissible under this subdivision between July 1, 2025, and January 1, 2026, both of the following shall apply: (i) The applicable rent on January 1, 2026, shall be the rent as of July 1, 2025, plus the maximum permissible increase under this subdivision. (ii) Management shall not be liable to a homeowner for any corresponding rent overpayment. (4) Management shall provide notice of any increase in the rental rate, pursuant to this subdivision, to each homeowner in accordance with Section 800.40. (c) (1) In the event a qualifying in-place transfer of a floating home involves the sale of a floating home either subject to an existing lease with a 10-year or longer term or that was offered a lease with a 10-year or longer term between two years and six months prior to the time of the home sale, management may establish a new initial rental rate for a prospective homeowner consistent with the following requirements: (A) Except as specified in subparagraph (B), the new initial rental rate shall not exceed the lesser of either of the following: (i) A 25-percent increase over the rental rate prior to the sale. (ii) Fifteen-hundredths of 1 percent of the sale price of the home. (B) If the formula described in subparagraph (A) results in a new initial rental rate that is less than a 3-percent increase over the rental rate immediately prior to the time of the home sale, the new initial rental rate shall not exceed the rental rate immediately prior to the time of the home sale plus the most recent percent change in the cost of living, which shall be a minimum increase of 3 percent and a maximum increase of 5 percent. (C) The final sale price of the home provided to the marina owner shall be certified and substantiated in writing by the buyer to be true under penalty of perjury, as defined in Section 2015.5 of the Code of Civil Procedure. (D) Lease terms offered after an in-place transfer shall be at least 10 years. (E) In the event a floating home sold pursuant to this subdivision is sold again within five years, the new total monthly initial rental rate shall not exceed the lesser of either of the following: (i) A 15-percent increase over the rent prior to the sale. (ii) Fifteen-hundredths of 1 percent of the sale price of the home. (2) Notwithstanding the limitations described in paragraph (1), this subdivision shall additionally apply to all in-place transfers occurring between July 1, 2025, and July 1, 2026, regardless of whether the floating home was subject to an existing lease with a 10-year or longer term or was offered a lease with a 10-year or longer term between two years and six months prior to the time of the home sale. (d) The requirements of subdivisions (b) and (c) shall not apply to a tenancy for any of the following: (1) A floating home berth restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) A floating home berth subject to any ordinance, rule, regulation, or initiative measure that allows annual increases in the rental rate up to an amount less than that provided in subdivision (b) or (c). (e) Any waiver of the rights under this section shall be void as contrary to public policy. (f) (1) Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent or the rental rate for a new tenancy, including any ordinance, rule, regulation, or initiative measure adopted before the effective date of this section. However, if a local ordinance, rule, regulation, or initiative measure allows for the rental rate for a new tenancy or a rental rate increase greater than that provided in subdivision (b) or (c), this section shall apply. (2) This section is not intended to express any policy regarding the appropriate, allowable rental rate increase limitations imposed by ordinance, rule, regulation, or initiative measure regulating rent increases adopted before or after the effective date of this section. (g) This section shall apply only to floating home marinas in the County of Marin. (h) This section shall remain in effect only until January 1, 2038, and as of that date is repealed.

Cal. Civil Code - CIV § 800.41. Section 800.41.

(a) A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. (b) A homeowner shall not be charged a fee for obtaining a rental agreement on a floating home berth for (1) a term of 12 months, or (2) a lesser period as mutually agreed upon by both the homeowner and the management. A fee may be charged for a rental agreement of more than one year if the fee is mutually agreed upon by both the homeowner and management. (c) Notwithstanding subdivisions (a) and (b), the following shall apply to floating home marinas within the County of Marin: (1) (A) Fees for utilities and incidental reasonable charges for services actually rendered to a homeowner shall reflect actual costs. (B) A marina owner shall demonstrate for all fees charged to a homeowner that the service was, or is currently being, actually rendered. (2) A marina owner shall not charge a homeowner a fee for enforcement of a marina’s rules and regulations. (d) This section shall remain in effect only until January 1, 2038, and as of that date is repealed.

Cal. Civil Code - CIV § 800.42. Section 800.42.

A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge.

Cal. Civil Code - CIV § 800.43. Section 800.43.

A homeowner shall not be charged a fee for keeping a pet in the floating home marina unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the floating home marina.

Cal. Civil Code - CIV § 800.44. Section 800.44.

(a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. Such a guest shall not be required to register with the management. (b) A homeowner who is living alone and who wishes to share his or her floating home with one person may do so, and a fee shall not be imposed by management for that person. The person shall be considered a guest of the homeowner and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. The guest shall comply with the provisions of the rules and regulations of the floating home marina.

Cal. Civil Code - CIV § 800.45. Section 800.45.

A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” includes the homeowner and his or her spouse, their parents, and their children.

Cal. Civil Code - CIV § 800.46. Section 800.46.

A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the floating home marina.

Cal. Civil Code - CIV § 800.47. Section 800.47.

Unless the homeowner specifically requests the service in writing from the management, a homeowner shall not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific berth where the floating home is located and not incurred as a portion of the development of the floating home marina as a whole. However, reasonable landscaping and maintenance requirements may be included in the floating home marina rules and regulations. The management shall not require a homeowner or prospective homeowner to purchase, rent, or lease goods or services for landscaping from any person, company, or corporation.

Cal. Civil Code - CIV § 800.48. Section 800.48.

Where the management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his or her meter. The management shall post in a conspicuous place, the prevailing residential utilities rate schedule as published by the serving utility.

Cal. Civil Code - CIV § 800.49. Section 800.49.

(a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months’ rent that is charged at the inception of the tenancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following initial occupancy. (b) After the homeowner has promptly paid to the management within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for any 12-consecutive-month period subsequent to the collection of the security deposit by the management, or upon resale of the floating home, whichever occurs earlier, the management shall, upon the receipt of a written request from the homeowner, refund to the homeowner the amount of the security deposit within 30 days following the end of the 12-consecutive-mon th period of prompt payment or the date of the resale of the floating home. (c) In the event that the interest in the floating home marina is transferred to any other party or entity, the successor in interest shall have the same obligations of management contained in this section with respect to the security deposit. (d) The management shall not be required to place any security deposit collected in an interest-bearing account or to provide a homeowner with any interest on the security deposit collected. (e) This section applies to all security deposits collected on or after January 1, 1991.

Cal. Civil Code - CIV § 800.50. Section 800.50.

The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in a floating home located in the floating home marina unless it is mutually agreed upon by both the homeowner and management. Any billing and payment upon the obligation shall be kept separate from current rent.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026