58-25,114. Rules and regulations of landlord, when enforceable; notice; limitations.
58-25,114
58-25,114. Rules and regulations of landlord, when enforceable; notice;limitations.(a) A landlord may adopt rules or regulations, however described, concerningthe tenant's use and occupancy of the mobile home park. Such rules orregulations are enforceable against the tenant only if they are written and if:
(1) Their purpose is to promote the convenience, safety or welfare ofthe tenants in the mobile home park, to preserve the landlord's propertyfrom abuse, to make a fair distribution of services and facilities held outfor the tenants generally, or to facilitate mobile home park management.
(2) They are reasonably related to the purpose for which adopted.
(3) They apply to all tenants in the mobile home park in a fair manner.
(4) They are sufficiently explicit in prohibition, direction orlimitation of the tenant's conduct to fairly inform that person of whatmust or must not be done to comply.
(5) They are not for the purpose of evading the obligations of the landlord.
(6) the prospective tenant is given a copy of them before the rentalagreement is entered into.
(b) Notice of all such additions, changes, deletions or amendments shallbe given to all mobile home tenants 30 days before they become effective.Any rule or condition of occupancy which is unfair and deceptive or whichdoes not conform to the requirements of this act shall be unenforceable. Arule or regulation adopted after the tenant enters into the rentalagreement is enforceable against the tenant only if it does not work asubstantial modification of that person's rental agreement or the tenantconsents to it in writing.
(c) A landlord shall not:
(1) Deny rental unless the tenant or prospective tenant cannot conformto park rules and regulations;
(2) require any person as a precondition to renting, leasing orotherwise occupying or removing from a mobile home space in a mobile homepark to pay an entrance or exit fee of any kind unless for servicesactually rendered;
(3) deny any resident of a mobile home park the right to sell that person'smobile home at a price of the person's own choosing, but may reserve theright to approve the purchaser of such mobile home as a tenant but suchpermission may not be unreasonably withheld, provided however, that thelandlord, in the event of a sale to a third party, in order to upgradethe quality of the mobile home park, may require that any mobile home in arundown condition or in disrepair be removed from the park within 60 days;
(4) exact a commission or fee with respect to the price realized by thetenant selling the tenant's mobile home, unless the park owner or operatorhas acted as agent for the mobile home owner pursuant to a written agreement;
(5) prohibit meetings among tenants in the mobile home park relatingto mobile home living and affairs in the park community or recreationalhall if such meetings are held at reasonable hours and when the facility isnot otherwise in use;
(6) charge a fee based on the number of members in the tenant's immediatefamily. Immediate family includes the tenant, the tenant's spouse, any childrenof the tenant or the tenant's spouse, and the parents of the tenant or thetenant's spouse;
(7) charge a fee to an individual resident who shares such resident'smobile home with one other person; or
(8) charge a fee for a guest of a resident who stays in such resident mobilehome less than 30 days in any calendar year.
History: L. 1992, ch. 306, § 16; July 1.