§ 31-44-2 - Evictions – Termination of tenancy.
SECTION 31-44-2
§ 31-44-2 Evictions – Termination oftenancy. – (a) A tenancy may be terminated by a park owner or operator pursuant to chapter18 of title 34, provided, that jurisdiction as it relates to this chapter shallbe in the district court but subject to one or more of the following reasonsand limitations which shall take precedence over any conflicting state statuteor local ordinance:
(1) Nonpayment of rent, utility charges, or reasonableincidental service charges. No action for possession shall be maintained ifprior to the expiration of a notice to quit the tenant shall pay or tender allarrearages due, including a late charge of five percent (5%) of the monthlyrent due after a seven (7) day grace period for the rental payment has elapsed.
(2) Failure of the tenant to comply with local ordinances orstate or federal law or regulations relating to mobile and manufactured homesor mobile and manufactured home parks. The tenant is first given written noticeof his or her failure to comply with the laws or regulations and a reasonableopportunity thereafter to comply with the laws or regulations.
(3) Damage by the tenant to the demised property, reasonablewear and tear excepted.
(4) Repeated conduct of the tenant, upon the mobile andmanufactured home park premises, which disturbs the peace and quiet of othertenants in the mobile and manufactured home park.
(5) Failure of the tenant to comply with reasonable writtenrules and regulations of the mobile and manufactured home park as establishedby the park owner or operator in the rental agreement at the inception of thetenancy or as amended subsequently with the written acknowledgement that thetenant has seen the amended rules, or without his or her consent upon three (3)months written notice; provided that the tenant is first given written noticeof his or her failure to comply and a reasonable opportunity thereafter tocomply with the rules and regulations. Nothing in this section, however, shallbe construed to permit a park owner or operator to vary the terms of a writtenor oral rental agreement without notification to the tenant.
(6) Condemnation or change of use of the mobile andmanufactured home park.
(b) No tenancy, however created, in a mobile and manufacturedhome park may be terminated by a mobile and manufactured home park owner oroperator except upon giving notice in writing to the tenant in the mannerprescribed in this chapter to remove from the premises within a period of notless than sixty (60) days; provided that upon grounds of nonpayment of rent, atenancy may be terminated upon giving thirty (30) days notice.