Cal. Civ. Code § 12
Lease prohibitions. No lease hereafter executed or currently existing between a park owner and tenant in a mobile home park or manufactured home community in this State shall contain any provision:
Operative Text
Lease prohibitions. No lease hereafter executed or currently existing between a park owner and tenant in a mobile home park or manufactured home community in this State shall contain any provision: (a) Permitting the park owner to charge a penalty fee for late payment of rent without allowing a tenant a minimum of 5 days beyond the date the rent is due in which to remit such payment; (b) Permitting the park owner to charge an amount in excess of one month's rent as a security deposit; (c) Requiring the tenant to pay any fees not specified in the lease; (d) Permitting the park owner to transfer, or move, a mobile home to a different lot, including a different lot in the same mobile home park or manufactured home community, during the term of the lease; (e) Waiving the homeowner's right to a trial by jury. If one provision of a lease is invalid, that does not affect the validity of the remaining provisions of the lease.
Section 12 of 765 Ill. Comp. Stat. 742 sets out several things that mobile home park and manufactured home community leases in Illinois are not allowed to include. Specifically, leases cannot impose late fees without giving tenants at least five days past the due date to pay, cannot require a security deposit greater than one month's rent, cannot charge fees not listed in the lease, cannot allow the park owner to relocate a home to a different lot during the lease term, and cannot strip a homeowner of the right to a jury trial. If any single lease provision violates these rules and is found invalid, the rest of the lease remains in effect.
Plain English — not legal advice.
Park owners and community managers operating under 765 Ill. Comp. Stat. 742 § 12 generally review all new and existing leases to confirm they do not include any of the five prohibited provisions. Compliant operators structure late-fee clauses to allow at least a five-day grace period, cap security deposits at one month's rent, itemize every fee a tenant may be charged directly in the lease document, and refrain from including any clause authorizing lot transfers during the lease term. Operators also ensure no lease language purports to waive a homeowner's jury-trial rights, since such a clause would be unenforceable under this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 765 Ill. Comp. Stat. 742 § 12, tenants in Illinois mobile home parks and manufactured home communities have the right to leases free from several specific harmful provisions, including premature late fees, excess security deposits, undisclosed charges, mid-lease lot relocations, and jury-trial waivers. If a tenant believes a lease clause violates one of these prohibitions, that clause may be challengeable as invalid without necessarily voiding the entire lease agreement. Tenants who encounter potentially prohibited lease terms may consider reaching out to a local tenant-rights organization or legal aid office for general information about their options under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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