H.B. 143

1

MOBILE HOME PROPERTY RIGHTS AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: LaVar Christensen
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Mobile Home Park Residency Act.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . modifies the circumstances under which a violation of a mobile home park rule will
14 allow a mobile home park to terminate a resident's lease;
15 . increases the notification period required for an increase in rent or fees;
16 . states that the fees charged to a resident shall be reasonable;
17 . upon written request from a resident, requires a mobile home park to provide
18 written verification that the service charges assessed to the resident do not exceed
19 the mobile home park's actual costs;
20 . upon written request from a resident, requires a mobile home park to provide a
21 written explanation of a refusal to approve a prospective purchaser;
22 . modifies the circumstances under which a mobile home park may require a mobile
23 home to be removed from a mobile home park;
24 . increases the notice requirements associated with dispute resolution meetings;
25 . modifies certain cure periods required before a mobile home park can terminate a
26 lease for failure to comply with a mobile home park rule;
27 . modifies the effective date of certain new and amended mobile home park rules;

28 . modifies a mobile home park's entitlement to summary judgment if a resident fails
29 to pay rent;
30 . under certain circumstances, provides a resident 120 days to sell the resident's
31 mobile home after the mobile home park terminates the governing rental agreement;
32 and
33 . makes technical changes.
34 Money Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 57-16-2, as enacted by Laws of Utah 1981, Chapter 178
41 57-16-3, as last amended by Laws of Utah 2002, Chapter 255
42 57-16-4, as last amended by Laws of Utah 2009, Chapter 94
43 57-16-4.1, as enacted by Laws of Utah 2002, Chapter 255
44 57-16-5, as last amended by Laws of Utah 2002, Chapter 255
45 57-16-6, as last amended by Laws of Utah 2008, Chapters 3 and 55
46 57-16-7, as last amended by Laws of Utah 2002, Chapter 255
47 57-16-7.5, as enacted by Laws of Utah 1997, Chapter 114
48 57-16-8, as enacted by Laws of Utah 1981, Chapter 178
49 57-16-11, as enacted by Laws of Utah 1981, Chapter 178
50 57-16-13, as last amended by Laws of Utah 2002, Chapter 91
51 ENACTS:
52 57-16-15.5, Utah Code Annotated 1953
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 57-16-2 is amended to read:
56 57-16-2. Purpose of chapter.
57 The fundamental right to own and protect land and to establish conditions for its use by
58 others necessitate that the owner of a mobile home park be provided with speedy and adequate

59 remedies against those who [abuse] materially default on the terms of a tenancy. The high cost
60 of moving mobile homes, the limited availability of suitable alternative locations to place a
61 mobile home, the requirements of mobile home parks relating to their installation, and the cost
62 of landscaping and lot preparation necessitate that the owners of mobile homes occupied within
63 mobile home parks be provided with protection from actual or constructive eviction. It is the
64 purpose of this chapter to provide protection for both the owners of mobile homes located in
65 mobile home parks and for the owners of mobile home parks.
66 Section 2. Section 57-16-3 is amended to read:
67 57-16-3. Definitions.
68 As used in this chapter:
69 (1) "Amenities" means the following physical, recreational or social facilities located at
70 a mobile home park:
71 (a) a club house;
72 (b) a park;
73 (c) a playground;
74 (d) a swimming pool;
75 (e) a hot tub;
76 (f) a tennis court; or
77 (g) a basketball court.
78 (2) "Change of use" means a change of the use of a mobile home park, or any part of it,
79 for a purpose other than the rental of mobile home spaces.
80 (3) "Fees" means [other] charges incidental to a resident's tenancy and disclosed in the
81 lease, including[, but not limited to,] late fees, charges for pets, charges for storage of
82 recreational vehicles, charges for the use of park facilities, and security deposits.
83 (4) "Last known address" means the address provided by a resident in the latest rental
84 agreement or the address provided by the resident in a subsequent notice of a change of
85 address.
86 [(4)] (5) "Mobile home" means a transportable structure in one or more sections with
87 the plumbing, heating, and electrical systems contained within the unit, which when erected on
88 a site, may be used with or without a permanent foundation as a family dwelling.
89 [(5)] (6) "Mobile home park" means any tract of land on which two or more mobile

90 home spaces are leased, or offered for lease or rent, to accommodate mobile homes for
91 residential purposes.
92 [(6)] (7) "Mobile home space" means a specific area of land within a mobile home park
93 designed to accommodate one mobile home.
94 [(7)] (8) "Rent" means charges paid for the [privilege of occupying] contractual right to
95 occupy a mobile home space[, and may include service charges and fees] pursuant to a
96 mutually agreed upon lease.
97 [(8)] (9) "Resident" means an individual who leases or rents space in a mobile home
98 park.
99 (10) "Residential services" includes improvements for electric and gas service that
100 exist at a mobile home space and service for trash removal, sewage, and water.
101 [(9)] (11) "Service charges" means [separate charges paid for the use of electrical and
102 gas service improvements which exist at a mobile home space, or for trash removal, sewage
103 and water, or any combination of the above.] the costs actually incurred by a mobile home park
104 owner for residential services, including maintenance expenses.
105 [(10)] (12) "Settlement discussion expiration" means:
106 (a) the resident has failed to give a written notice of dispute within the period specified
107 in Subsection 57-16-4.1 (2); or
108 (b) the resident and management of the mobile home park have met together under
109 Subsection 57-16-4.1 (3) but were unsuccessful in resolving the dispute in their meeting.
110 Section 3. Section 57-16-4 is amended to read:
111 57-16-4. Termination of lease or rental agreement -- Required contents of lease --
112 Increases in rents or fees -- Sale of homes -- Notice regarding planned reduction or
113 restriction of amenities.
114 (1) A mobile home park or its agents may not terminate a lease or rental agreement
115 upon any ground other than as specified in this chapter.
116 (2) [Each] An agreement for the lease of mobile home space shall be written and
117 signed by the [parties] resident and the mobile home park owner.
118 (3) [Each] A lease shall [contain at least] include the following information:
119 (a) the name and address of the mobile home park owner and any persons authorized to
120 act [for the owner] on the owner's behalf, upon whom notice and service of process may be

121 served;
122 (b) the type of the leasehold, whether it be term or periodic[, and,];
123 (c) in leases entered into on or after May 6, 2002, a conspicuous disclosure describing
124 the protection a resident has under [Subsection (1)] this chapter against unilateral termination
125 of the lease by the mobile home park except for the causes described in Section 57-16-5 ;
126 [(c)] (d) (i) a [full disclosure of] complete description, including the amount, of all
127 rent, service charges, and other fees [presently being charged on a periodic basis] charged to
128 the resident as of the date on which the lease is executed; and
129 (ii) a full disclosure of the mobile home park's utility infrastructure [owned by the
130 mobile home park owner or its agent] that is maintained through agreed upon service charges
131 and fees charged by the mobile home park owner or its agent;
132 [(d)] (e) the date or dates on which the payment of rent, fees, and service charges are
133 due; and
134 [(e)] (f) all rules that pertain to the mobile home park that, if materially broken and not
135 cured after reasonable notice as described in Section 57-16-5 , may constitute grounds for
136 eviction, including, in leases entered into on or after May 6, 2002, a conspicuous disclosure
137 regarding:
138 (i) the causes for which the mobile home park may terminate the lease as described in
139 Section 57-16-5 ; and
140 (ii) the resident's rights to:
141 (A) terminate the lease at any time without cause, upon giving the notice specified in
142 the resident's lease; and
143 (B) advertise and sell the resident's mobile home.
144 (4) (a) [Increases] Except as provided in Subsection (4)(b), an increase in rent or fees
145 [for periodic tenancies are] is unenforceable until [60] 120 days after the day on which the
146 written notice of the increase is mailed or delivered to the resident.
147 (b) If service charges are not included in the rent, [the] a mobile home park may:
148 (i) increase service charges during the leasehold period after giving notice to the
149 resident; and
150 (ii) pass through actual verifiable increases or decreases in electricity rates to the
151 resident.

152 (c) Annual income to the park for service charges may not exceed the actual cost to the
153 mobile home park of providing the services on an annual basis.
154 [(d) In determining the costs of the services, the mobile home park may include
155 maintenance costs related to those utilities that are part of the service charges.]
156 (d) Within 10 days after the day on which a mobile home park receives a written
157 request from a resident, the mobile home park shall give the resident written verification that
158 any service charges charged to the resident reflect actual costs incurred by the mobile home
159 park.
160 (e) The amount of fees charged by a mobile home park shall be reasonable.
161 [(e)] (f) The mobile home park may not alter the date on which rent, fees, and service
162 charges are due unless the mobile home park provides a 60-day written notice to the resident
163 before the day on which the date is altered.
164 (5) (a) [Except as provided in Subsection (3)(b), a] A rule or condition of a lease that
165 purports to prevent or unreasonably limit the sale of a mobile home belonging to a resident is
166 void and unenforceable.
167 (b) The mobile home park owner may:
168 (i) [may] subject to Subsection (5)(c), reserve the right to approve [the] a prospective
169 purchaser of a mobile home who intends to become a resident;
170 [(ii) may not unreasonably withhold that approval;]
171 [(iii)] (ii) [may] require proof of ownership as a condition of approval; [or] and
172 [(iv)] (iii) [may unconditionally] refuse to approve [any] a purchaser of a mobile home
173 [who] that does not register with the mobile home park before purchasing the mobile home.
174 (c) A mobile home park owner may not unreasonably withhold approval of a
175 prospective purchaser under Subsection (5)(b).
176 (d) If a mobile home park owner withholds approval of a prospective purchaser
177 described in Subsection (5)(b), the mobile home park owner shall, upon written request from
178 the resident, give the resident a written explanation of the reasons for its decision within 10
179 days after the day on which the written request is received.
180 (6) If all of the conditions of Section 41-1a-116 are met, a mobile home park may
181 request the names and addresses of the lienholder or owner of any mobile home located in the
182 park from the Motor Vehicle Division.

183 (7) (a) A mobile home park may not restrict a resident's right to advertise for sale or to
184 sell a mobile home.
185 (b) A mobile home park may limit the size of a "for sale" sign affixed to the mobile
186 home to not more than 144 square inches.
187 (8) A mobile home park may not compel a resident who wishes to sell a mobile home
188 to sell it, either directly or indirectly, through an agent designated by the mobile home park.
189 (9) [A] Subject to the terms of the governing lease, a mobile home park may require
190 that a mobile home be removed from the park upon sale if:
191 (a) the mobile home park wishes to upgrade the quality of the mobile home park; and
192 [(b) the mobile home either does not meet minimum size specifications or is in a
193 rundown condition or is in disrepair.]
194 (b) in comparison with the other mobile homes in the park, the resident's mobile home
195 is in a severely rundown condition or is in gross disrepair;
196 (c) the mobile home park gives the resident written notice that states:
197 (i) the reasonably necessary upgrades or repairs;
198 (ii) the reason the upgrades or repairs are necessary; and
199 (iii) a reasonable date, not fewer than 60 days after the day on which the notice is sent,
200 by which the listed upgrades or repairs must be completed; and
201 (d) the resident does not complete the upgrades or repairs described in the notice
202 within the time described in Subsection (9)(b)(iii).
203 (10) Within 30 days after a mobile home park proposes reducing or restricting
204 amenities, the mobile home park shall:
205 (a) schedule at least one meeting for the purpose of discussing the proposed restriction
206 or reduction of amenities with residents; and
207 (b) provide at least 10 days advance written notice of the date, time, location, and
208 purposes of the meeting to each resident.
209 (11) If a mobile home park uses a single-service meter, the mobile home park owner
210 shall include a full disclosure on a resident's utility bill of the resident's utility charges.
211 (12) The mobile home park shall have a copy of this chapter posted at all times in a
212 conspicuous place in the mobile home park.
213 Section 4. Section 57-16-4.1 is amended to read:

214 57-16-4.1. Meeting to attempt resolution of disputes.
215 (1) If a mobile home park determines that a resident has materially failed to comply
216 with a mobile home park rule that substantially and adversely affects the interests of the mobile
217 home park, the mobile home park may not terminate the lease agreement or commence legal
218 proceedings without first giving a written notice of noncompliance to the resident. The written
219 notice of noncompliance shall:
220 (a) specify in detail each and every rule violation then claimed by the mobile home
221 park; and
222 (b) advise the resident of the resident's rights under Subsection (2).
223 (2) If the resident disputes the occurrences of noncompliance claimed by the mobile
224 home park in the written notice of noncompliance, the resident has the right to require
225 management of the mobile home park to participate in a meeting with the resident by giving to
226 the mobile home park, within [five] 15 days after [receiving] the resident receives the written
227 notice of noncompliance, a written notice disputing the occurrences of breach and requesting a
228 meeting with management of the mobile home park to attempt to resolve the dispute. If the
229 resident fails to give the mobile home park a written notice of dispute within the [seven-day]
230 15-day period, the resident's right to request a meeting under this section is considered to be
231 waived.
232 (3) If [the] a resident or a resident's representative gives a timely written notice under
233 Subsection (2), the resident, the resident's attorney or other representative, if any, and
234 management of the mobile home park shall meet in person in a settlement discussion to attempt
235 to resolve the dispute between the parties. The meeting shall take place within [two] five days
236 after the day on which the resident gives the written notice under Subsection (2), unless both
237 parties agree to a later date.
238 (4) Subsections (1), (2), and (3) do not apply to a rule violation arising from:
239 (a) behavior described in Subsection 57-16-5 (1)(c); or
240 (b) nonpayment or rent, fees, or service charges.
241 (5) A resident and a mobile home park shall consider, and may engage in, mediation or
242 arbitration to resolve any disputes.
243 Section 5. Section 57-16-5 is amended to read:
244 57-16-5. Cause required for terminating lease -- Causes -- Cure periods -- Notice.

245 (1) An agreement for the lease of mobile home space in a mobile home park may be
246 terminated by mutual agreement or for any [one or more] of the following causes:
247 (a) material failure of a resident to comply with a mobile home park rule that
248 substantially and adversely affects the interests of the mobile home park:
249 (i) relating to repair, maintenance, or construction of awnings, skirting, decks, or sheds
250 for a period of 60 days after receipt by a resident of a written notice of substantial
251 noncompliance from the mobile home park under Subsection 57-16-4.1 (1); or
252 (ii) relating to any [other] park rule that substantially and adversely affects the interests
253 of a mobile home park, for a period of seven days after the [latter to occur of] later of the
254 settlement discussion expiration or receipt by the resident of a written notice of noncompliance,
255 described in Subsection 57-16-4.1 (1), from the mobile home park[, except relating to
256 maintenance of a resident's yard and space, the mobile home park may elect not to proceed
257 with the seven-day cure period and may provide the resident with written notice as provided in
258 Subsection (2)];
259 (b) repeated failure of a resident to abide by a mobile home park rule that substantially
260 and adversely affects the interests of the mobile home park, if the original written notice of
261 noncompliance, described in Subsection 57-16-4.1 (1), states that another violation of the same
262 or a different rule might result in forfeiture without any further period of cure;
263 (c) behavior by a resident or any other person who resides with a resident, or who is an
264 invited guest or visitor of a resident, that threatens or substantially endangers the security,
265 safety, well-being, or health of other persons in the park or threatens or damages property in the
266 park including:
267 (i) use or distribution of illegal drugs;
268 (ii) distribution of alcohol to minors; or
269 (iii) commission of a crime against property or a person in the park;
270 (d) nonpayment of rent, fees, or service charges without cause for a period of [five] 15
271 days after the due date;
272 (e) a change in the land use or condemnation of the mobile home park [or any part of
273 it]; or
274 (f) a prospective resident provides materially false information on the application for
275 residency regarding the prospective resident's criminal history.

276 [(2) If the mobile home park elects not to proceed with the seven-day cure period in
277 Subsection (1)(a)(ii), a 15-day written notice of noncompliance shall:]
278 [(a) state that if the resident does not perform the resident's duties or obligations under
279 the lease agreement or rules of the mobile home park within 15 days after receipt by the
280 resident of the written notice of noncompliance, the mobile home park may enter onto the
281 resident's space and cure any default;]
282 [(b) state the expected reasonable cost of curing the default;]
283 [(c) require the resident to pay all costs incurred by the mobile home park to cure the
284 default by the first day of the month following receipt of a billing statement from the mobile
285 home park;]
286 [(d) state that the payment required under Subsection (2)(b) shall be considered
287 additional rent; and]
288 [(e) state that the resident's failure to make the payment required by Subsection (2)(b)
289 in a timely manner shall be a default of the resident's lease and shall subject the resident to all
290 other remedies available to the mobile home park for a default, including remedies available
291 for failure to pay rent.]
292 Section 6. Section 57-16-6 is amended to read:
293 57-16-6. Action for lease termination -- Prerequisite procedure.
294 A legal action to terminate a lease based upon a cause set forth in Section 57-16-5 may
295 not be commenced except in accordance with the [following procedure:] requirements of this
296 section.
297 (1) [Before issuance of any] In accordance with Subsection (2), before issuing a
298 summons and complaint, the mobile home park shall send [or serve] written notice to the
299 resident [or person]:
300 (a) by delivering a copy of the notice personally;
301 (b) by sending a copy of the notice through registered or certified mail [addressed to
302 the resident or person at the person's place of residence], postage prepaid, to the resident's last
303 known address;
304 (c) if the resident [or person] is absent from the [person's place of residence] resident's
305 last known address, by leaving a copy of the notice with [some] a person of suitable age and
306 discretion at the [individual's residence] resident's last known address and sending a copy

307 through registered or certified mail [addressed to the resident or person at the person's place of
308 residence], postage prepaid, to the resident's last known address; or
309 (d) if a person of suitable age or discretion cannot be found, and the resident's last
310 known address is not the resident's mobile home, by affixing a copy of the notice in a
311 conspicuous place on the resident's [or person's] mobile home and [also] sending a copy
312 through registered or certified mail [addressed to the resident or person at the person's place of
313 residence], postage prepaid, to the resident's last known address.
314 (2) The notice [required by] described in Subsection (1) shall [set forth] state:
315 (a) the cause for the notice and[, if the cause is one which can be cured,] the time
316 within which the resident or person [has] is required to cure; and
317 (b) the time after which the mobile home park may commence legal action against the
318 resident or person if cure is not effected, as follows:
319 (i) [In] in the event of a material failure to abide by a mobile home park rule[, the
320 notice shall provide for] that substantially and adversely affects the interests of the mobile
321 home park, a mobile home park may issue a summons and complaint after the day on which a
322 cure period, as provided in [Subsections] Subsection 57-16-5 (1)(a) [and (2), except in the case
323 of repeated violations and, shall state that if a cure is not timely effected, or a written
324 agreement made between the mobile home park and the resident allowing for a variation in the
325 rule or cure period, eviction proceedings may be initiated immediately.], or otherwise agreed to
326 by the mobile home park and the resident, expires;
327 (ii) [If] if a resident, a member, or an invited guest or visitor of the resident's household
328 commits repeated violations of a rule[,] that substantially and adversely affects the interests of
329 the mobile home park, the mobile home park may issue a summons and complaint [may be
330 issued] three days after [a] the day on which the notice is served[.];
331 (iii) [If] if a resident, a member, or an invited guest or visitor of the resident's
332 household behaves in a manner that threatens or substantially endangers the well-being,
333 security, safety, or health of other persons in the park or threatens or damages property in the
334 park, eviction proceedings may commence immediately[.];
335 (iv) [If] if a resident does not pay rent, fees, or service charges, [the notice shall
336 provide a five-day cure period and, that if cure is not timely effected, or a written agreement
337 made between the mobile home park and the resident allowing for a variation in the rule or

338 cure period, eviction proceedings may be initiated immediately.] the mobile home park may
339 issue a summons and complaint after the 15-day cure period expires, or as otherwise agreed to
340 by the mobile home park and the resident; or
341 (v) [If] if, without cause, a lease is terminated because of a planned change in land use
342 or condemnation of the park or a portion of the park, the notice required by Section 57-16-18
343 serves as notice of the termination of the lease.
344 (3) (a) Eviction proceedings commenced under this chapter and based on causes set
345 forth in Subsections 57-16-5 (1)(a), (b), (d), and (e) shall be brought in accordance with the
346 Utah Rules of Civil Procedure and may not be treated as unlawful detainer actions under Title
347 78B, Chapter 6, Part 8, Forcible Entry and Detainer.
348 (b) Eviction proceedings commenced under this chapter and based on causes of action
349 set forth in [Subsections] Subsection 57-16-5 (1)(c) [and (d)] may, at the election of the mobile
350 home park, be treated as actions brought under this chapter and the unlawful detainer
351 provisions of Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer.
352 (c) If unlawful detainer is charged, the court shall endorse on the summons the number
353 of days within which the defendant is required to appear and defend the action, which shall not
354 be less than five days or more than 20 days from the date of service.
355 Section 7. Section 57-16-7 is amended to read:
356 57-16-7. Rules of parks.
357 (1) (a) A mobile home park may [promulgate] adopt rules related to the health, safety,
358 and appropriate conduct of residents and to the maintenance and upkeep of [such] the park.
359 [No change in rule that is unconscionable is valid.] An unreasonable, unconscionable rule is
360 not valid.
361 (b) (i) [No new or amended rule shall] A properly adopted new or amended rule may
362 not take effect[, nor] or provide the basis for an eviction notice, until the expiration of at least:
363 (A) [120] 180 days after [its promulgation] the day on which the rule is adopted, if [it
364 is a rule that] the rule requires a resident to make exterior, physical improvements to the
365 resident's mobile home or mobile home space and to incur expenses equal to or greater than
366 $2,000 in order to comply with the rule;
367 (B) [90] 120 days after [its promulgation] the day on which the rule is adopted, if [it is
368 a rule that] the rule requires a resident to make exterior, physical improvements to the resident's

369 mobile home or mobile home space and to incur expenses greater than $250 [up to], but less
370 than $2,000, in order to comply with the rule; or
371 (C) [60] 90 days after [its promulgation] the day on which the rule is adopted, if [it is a
372 rule that] the rule requires a resident to make exterior, physical improvements to the resident's
373 mobile home or mobile home space and to incur expenses of $250 or less in order to comply
374 with the rule.
375 (ii) [Each resident, as] As a condition precedent to a new or amended rule under this
376 Subsection (1)(b) becoming effective, the mobile home park shall [be provided] provide each
377 resident with a copy of [each] the new or amended rule [that does not appear in the resident's
378 lease agreement promptly upon promulgation of the rule] and a written explanation of the need
379 for the new or amended rule.
380 (iii) For purposes of determining which period of time applies under Subsection
381 (1)(b)(i), the mobile home park may rely upon a good-faith estimate obtained by the mobile
382 home park from a licensed contractor.
383 (c) Within 30 days after the day on which the mobile home park proposes amendments
384 to the mobile home park rules, the mobile home park shall schedule at least one meeting for the
385 purpose of discussing the proposed rule amendments with residents and shall provide at least
386 10 days advance written notice of the date, time, location, and purposes of the meeting to all
387 residents.
388 (2) A mobile home park may specify the type of material used, and the methods used in
389 the installation of, underskirting, awnings, porches, fences, or other additions or alterations to
390 the exterior of a mobile home, and may also specify the tie-down equipment used in a mobile
391 home space, in order to insure the safety and good appearance of the park; but under no
392 circumstances may it require a resident to purchase such material or equipment from a supplier
393 designated by the mobile home park.
394 (3) No mobile home park may charge an entrance fee, exit fee, nor installation fee, but
395 reasonable landscaping and maintenance requirements may be included in the mobile home
396 park rules. The resident is responsible for all costs incident to connection of the mobile home
397 to existing mobile home park facilities and for the installation and maintenance of the mobile
398 home on the mobile home space.
399 (4) Nothing in this section shall be construed to prohibit a mobile home park from

400 requiring a reasonable initial security deposit.
401 Section 8. Section 57-16-7.5 is amended to read:
402 57-16-7.5. Payment of rent required after notice.
403 (1) [(a) Any] A resident shall continue to pay the mobile home park all rent required by
404 the lease after [having been] the resident is served with [any] a notice pursuant to this chapter,
405 except a notice for nonpayment of rent.
406 (2) A resident does not waive any claims, defenses, or rights available under this
407 chapter or at law or equity, including setoff, by paying rent described in Subsection (1)(a).
408 [(b)] (3) In cases not involving payment of rent, the mobile home park may accept rent
409 without waiving any rights under this chapter.
410 [(2) If the resident fails to pay rent, the mobile home park shall be entitled to summary
411 judgment for:]
412 [(a) the rent owed;]
413 [(b) termination of the lease; and]
414 [(c) restitution of the premises.]
415 [(3) The summary judgment as provided in Subsection (2) shall be granted even if a
416 five-day notice to pay or quit was not served, so long as another appropriate notice under this
417 chapter has been served.]
418 Section 9. Section 57-16-8 is amended to read:
419 57-16-8. Payment of rent and fees during pendency of eviction proceeding.
420 If a resident elects to contest an eviction proceeding, all rents, fees, and service charges
421 due and incurred during the pendency of the action shall be paid into court according to the
422 current mobile home park payment schedule. [Failure of the resident to pay such amounts may,
423 in the discretion of the court, constitute grounds for granting summary judgment in favor of the
424 mobile home park.] Upon final termination of the issues between the parties, the court shall
425 order all amounts paid into court paid to the mobile home park. The prevailing party is also
426 entitled to court costs and reasonable [attorney's] attorney fees.
427 Section 10. Section 57-16-11 is amended to read:
428 57-16-11. Rights and remedies not exclusive.
429 The rights and remedies granted to a resident and a mobile home park by this chapter
430 are cumulative and not exclusive.

431 Section 11. Section 57-16-13 is amended to read:
432 57-16-13. Abandonment.
433 Abandonment of a mobile home space and a mobile home within a mobile home park is
434 presumed in either of the following situations:
435 (1) (a) the resident or occupant of the mobile home has not notified the park that the
436 resident or occupant will be absent from the mobile home space or mobile home, and the
437 resident or occupant fails to pay rent within [45] 90 days after the due date; and
438 (b) the mobile home park owner has no reasonable evidence, other than the presence of
439 the resident's or occupant's personal property, that the resident or occupant is continuing to
440 occupy the mobile home space and the mobile home; or
441 (2) (a) the resident or occupant of the mobile home has not notified the park that the
442 resident or occupant will be absent from the mobile home space where the mobile home is
443 located, and the resident or occupant fails to pay rent when due; and
444 (b) the resident's or occupant's personal property has been removed from the mobile
445 home, and there is no reasonable evidence that the resident or occupant is occupying the mobile
446 home space or mobile home.
447 Section 12. Section 57-16-15.5 is enacted to read:
448 57-16-15.5. Right to sell following lease termination.
449 (1) If a mobile home park lawfully terminates a rental agreement under this chapter, the
450 resident may elect, by written notice to the mobile home park, to sell the resident's mobile
451 home rather than relocate the resident's mobile home.
452 (2) If the resident gives the mobile home park written notice of election to sell the
453 mobile home under Subsection (1) within 10 days after the day on which the rental agreement
454 is lawfully terminated:
455 (a) the resident shall sell the mobile home within 120 days after the day on which the
456 mobile home park terminates the rental agreement; and
457 (b) the mobile home park has a lien on the proceeds of the sale of the resident's mobile
458 home for the amount of rent, service charges, and fees that accrue from the day the resident
459 gives written notice under Subsection (1) until the day on which the mobile home is sold.
460 (3) If the resident is not able to sell the resident's mobile home in the time described in
461 Subsection (1)(a), the resident shall vacate the mobile home park in accordance with the terms

462 of the rental agreement and this chapter.




Legislative Review Note
as of 2-12-13 5:49 PM

Office of Legislative Research and General Counsel

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