Cal. Civ. Code § 398.12
Waiver of Rights
Operative Text
The rights and duties of manufactured home community owners and operators and the manufactured home lessees may not be waived by any provisions of a written or oral agreement. Any such agreement attempting to limit these rights shall be void and unenforceable in the courts of the Commonwealth. (12 amended Oct. 19, 2010, P.L.546, No.80) Compiler's Note: Section 5 of Act 80 of 2010, which amended section 12, provided that Act 80 shall apply to: (1) New sales and leases of manufactured home community spaces entered into after the effective date of section 5. (2) Extensions and renewals of leases of manufactured home community spaces entered into after effective date of section 5.
Under 68 P.S. § 398.12, the statutory rights and duties established for manufactured home community owners, operators, and lessees cannot be signed away or surrendered through any agreement, whether written or oral. Any contract clause or separate agreement that attempts to limit or eliminate these protections is automatically void and carries no legal weight in Pennsylvania courts. This anti-waiver rule applies to new leases and to extensions or renewals entered into after the effective date of Act 80 of 2010.
Plain English — not legal advice.
Operators and owners of manufactured home communities in Pennsylvania should be aware that 68 P.S. § 398.12 renders unenforceable any lease clause or side agreement that purports to have a lessee give up statutory rights. Compliant community operators generally review their lease templates to ensure no provisions attempt to contract around the protections established under the Manufactured Home Community Rights Act. This applies to new leases as well as any extensions or renewals executed after Act 80 of 2010 took effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
68 P.S. § 398.12 means that a manufactured home lessee cannot be made to sign away the rights granted by Pennsylvania's manufactured home community statutes — even if a lease or other agreement contains language that appears to do so. If a lease clause purports to waive or limit those statutory protections, that clause is void and unenforceable in Pennsylvania courts, meaning a tenant may be able to raise that invalidity as a defense in a legal proceeding. Tenants who believe a lease provision conflicts with this anti-waiver rule may wish to consult a tenant-rights organization or legal aid office familiar with manufactured housing law for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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