Cal. Civ. Code § 398.16
Retaliatory Evictions
Operative Text
Any action by a manufactured home community owner or operator to recover possession of real property from a manufactured home community lessee or to change the lease within six months of a lessee's assertion of rights under this act or any other legal right shall raise a presumption that such action constitutes a retaliatory and unlawful eviction by the owner or operator and is in violation of this act. Such a presumption may be rebutted by competent evidence presented in any appropriate court of initial jurisdiction within the Commonwealth. (16 amended Oct. 19, 2010, P.L.546, No.80) Compiler's Note: Section 5 of Act 80 of 2010, which amended section 16, 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. § 398.16, when a manufactured home community owner or operator moves to reclaim possession of a lot or alters a lease within six months of a resident asserting legal rights, the law treats that timing as raising a presumption of retaliation. This presumption means the action is considered unlawful unless the owner or operator can counter it with credible evidence in a Pennsylvania court. The provision applies to new leases, extensions, and renewals entered into after the effective date of Act 80 of 2010.
Plain English — not legal advice.
Operators of manufactured home communities in Pennsylvania should be aware that 68 P.S. § 398.16 creates a legal presumption of retaliation whenever a lease change or eviction action follows within six months of a resident exercising a statutory or legal right. A compliant operator generally documents legitimate, independent business reasons for any such action and ensures those reasons are clearly established before proceeding. When a dispute reaches court, the burden falls on the operator to rebut the presumption with competent evidence presented before a court of initial jurisdiction in the Commonwealth.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 398.16, manufactured home community residents who have recently asserted rights under Pennsylvania law gain the benefit of a legal presumption that any eviction attempt or lease change within six months is retaliatory and unlawful. This presumption can be a meaningful tool in court proceedings, and tenants may raise it as a defense if an owner or operator initiates such action. Residents facing these circumstances may wish to contact a tenant-rights organization or legal aid office familiar with manufactured housing law to understand the options available to them.
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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