57-16-9 - Lienholder's liability for rent and fees.
57-16-9. Lienholder's liability for rent and fees.
(1) Notwithstanding Sections 38-3-2 and 70A-9a-402, the lienholder of record of amobile home, or if there is no lienholder, the owner of a mobile home, is primarily liable to themobile home park owner or operator for rent and service charges if a mobile home is notremoved within 10 days after receipt of written notice that a mobile home has been abandoned,as defined in Section 57-16-13, or that a writ of restitution has been issued. The lienholder orowner of a mobile home, however, is only liable for rent that accrues from the day the lienholderor owner of a mobile home receives notice. Rent shall be paid on a monthly basis on the duedate established in the lease agreement. The lienholder or owner of a mobile home is notresponsible for any rent if the mobile home is removed within 10 days after receipt of the notice.
(2) If the lienholder pays rent and service charges as provided by this section, thelienholder shall have the unconditional right to resell the mobile home within the park, subject tothe purchaser being approved for residency by the park, which approval cannot be unreasonablywithheld, and subject to Subsection (4). If the lienholder or owner of a mobile home does notcommence paying rent and service charges to the mobile home park within 30 days after receiptof a written notice provided by Subsection (1), the mobile home park may require the lienholderor owner of a mobile home to remove the mobile home from the park and the lienholder orowner of a mobile home shall be liable for all rent which accrues from the date of the notice tothe date the mobile home is removed from the park.
(3) The notice required under Subsection (1) shall be sent to the lienholder or owner of amobile home by certified mail, return receipt requested, and shall inform the lienholder or ownerof a mobile home that the mobile home park may require the lienholder or owner of a mobilehome to remove the mobile home from the park if the lienholder or owner of a mobile home hasnot commenced paying rent and service charges to the park within 30 days after receipt of thenotice.
(4) The mobile home park may require the lienholder to remove a mobile home coveredby this section from the park if the mobile home, at the time of sale, is in rundown condition ordisrepair, if the mobile home does not meet the park's minimum size specifications, or if themobile home does not comply with reasonable park rules. The lienholder shall have 60 days tomake repairs and comply with park rules after notice of required repairs and rule violations isgiven to the lienholder by the park owner or its agent.
(5) If a lienholder or owner of a mobile home does not commence paying rent andservice charges to the park within 30 days after receipt of a written notice provided underSubsection (1), and if the lienholder or owner of a mobile home does not remove the mobilehome from the park within the 30-day period, the park has the right to immediately remove themobile home from the park and store it on behalf of the lienholder or owner of a mobile home. The mobile home park has the right to recover moving and storage costs from the lienholder orowner of a mobile home.
(6) The prevailing party is entitled to court costs and reasonable attorney fees for anyaction commenced to enforce any rights under this section.
(7) If a lienholder pays rent and service charges as provided in Subsection (2), the mobilehome is not considered abandoned under Section 57-16-13; however, the personal property in themobile home is considered abandoned.
Amended by Chapter 256, 2001 General Session