H.B. 29

1

MOBILE HOME TENANT AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lloyd W. Frandsen
5 AN ACT RELATING TO REAL ESTATE; PROVIDING FOR TERMINATION OF LEASE
6 UPON NOTICE; AMENDING TIME PERIODS FOR TERMINATION OF A LEASE FOR
7 NONCOMPLIANCE WITH PARK RULE AND TO CURE VIOLATION OF A PARK RULE;
8 AMENDING NOTICE REQUIREMENTS; REQUIRING THAT MANAGEMENT MEET
9 WITH RESIDENTS OR REPRESENTATIVE REGARDING PROPOSED RULE CHANGES;
10 REQUIRING NOTICE OF THE MEETING; AND PROVIDING FOR NONPAYMENT OF
11 RENT AND SUMMARY JUDGMENT.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 57-16-4, as last amended by Chapter 110, Laws of Utah 1989
15 57-16-5, as enacted by Chapter 178, Laws of Utah 1981
16 57-16-6, as last amended by Chapter 110, Laws of Utah 1989
17 57-16-7, as enacted by Chapter 178, Laws of Utah 1981
18 ENACTS:
19 57-16-7.5, Utah Code Annotated 1953
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 57-16-4 is amended to read:
22 57-16-4. Termination of lease or rental agreement -- Required contents of lease --
23 Increases in rents or fees -- Sale of homes.
24 (1) A mobile home park or its agents may not terminate a lease or rental agreement upon
25 any ground other than as specified in this chapter.
26 (2) At the conclusion of its term, or in the case of a month-to-month lease at any time, a
27 lease may be terminated by the mobile home park after no less than 60-days written notice to the

1 resident of the mobile home park's intention not to renew the resident's lease. If at the end of the
2 60 days the resident has not returned the mobile home space to the mobile home park, eviction
3 proceedings may be initiated immediately.
4 [(2)] (3) Each agreement for the lease of mobile home space shall be written and signed
5 by the parties. Each lease shall contain at least the following information:
6 (a) the name and address of the mobile home park owner and any persons authorized to
7 act for the owner, upon whom notice and service of process may be served;
8 (b) the type of the leasehold, and whether it be term or periodic;
9 (c) a full disclosure of all rent, service charges, and other fees presently being charged on
10 a periodic basis;
11 (d) the date or dates on which the payment of rent, fees, and service charges are due; and
12 (e) all rules that pertain to the mobile home park which, if broken, may constitute grounds
13 for eviction.
14 [(3)] (4) Increases in rent or fees for periodic tenancies shall be unenforceable until 60
15 days after notice of the increase is mailed to the resident. If service charges are not included in the
16 rent, service charges may be increased during the leasehold period after notice to the resident is
17 given, and increases or decreases in electricity rates shall be passed through to the resident.
18 Increases or decreases in the total cost of other service charges shall be passed through to the
19 resident.
20 The mobile home park may not alter the date or dates on which rent, fees, and service
21 charges are due unless a 60-day written notice precedes the alteration.
22 [(4)] (5) Any rule or condition of a lease purporting to prevent or unreasonably limit the
23 sale of a mobile home belonging to a resident is void and unenforceable. The mobile home park
24 may, however, reserve the right to approve the prospective purchaser of a mobile home who
25 intends to become a resident, but such approval may not be unreasonably withheld. The mobile
26 home park may require proof of ownership as a condition of approval. The mobile home park may
27 unconditionally refuse to approve any purchaser of a mobile home who does not register prior to
28 purchase.
29 [(5)] (6) A mobile home park may not restrict a resident's right to advertise for sale or sell
30 his mobile home. However, the park may limit the size of a "for sale" sign affixed to the mobile
31 home to not more than 144 square inches.

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1 [(6)] (7) A mobile home park may not compel a resident who desires to sell his mobile
2 home, either directly or indirectly, to sell it through an agent designated by the mobile home park.
3 [(7)] (8) In order to upgrade the quality of a mobile home park, it may require that a
4 mobile home be removed from the park upon sale if:
5 (a) the mobile home does not meet minimum size specifications; or
6 (b) the mobile home is in rundown condition or in disrepair.
7 Section 2. Section 57-16-5 is amended to read:
8 57-16-5. Grounds for terminating lease.
9 (1) An agreement for the lease of mobile home space in a mobile home park may be
10 terminated during its term by mutual agreement or for any one or more of the following causes:
11 [(1)] (a) failure of a resident to comply with a mobile home park rule:
12 (i) relating to repair, maintenance, or construction of awnings, skirting, decks, or sheds for
13 a period of 60 days after receipt of a notice of noncompliance from the mobile home park; or
14 (ii) relating to any other park rule for a period of [15] seven days after receipt of notice of
15 noncompliance from the mobile home park[;], except relating to maintenance of a resident's yard
16 and space, the mobile home park may elect not to proceed with the seven-day cure period and may
17 provide the resident with written notice as provided in Subsection (2);
18 [(2)] (b) repeated failure of a resident to abide by a mobile home park rule, if the original
19 notice of noncompliance states that another violation of the same or a different rule might result
20 in forfeiture without any further period of cure;
21 [(3)] (c) behavior by a resident which substantially endangers the security and health of
22 the other residents or threatens the property in the park;
23 [(4)] (d) nonpayment of rent, fees, or service charges;
24 [(5)] (e) a change in the land use or condemnation of the mobile home park or any part of
25 it.
26 (2) If the mobile home park elects not to proceed with the seven-day cure period in
27 Subsection (1)(a)(ii), a 15-day notice shall:
28 (a) state that if the resident does not perform his duties or obligations under the lease
29 agreement or rules of the mobile home park within 15 days, the mobile home park may enter onto
30 the resident's space and cure any default;
31 (ii) state the expected reasonable cost of curing the default;

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1 (iii) require resident to pay all costs incurred by the mobile home park to cure the default
2 by the first day of the month following receipt of a billing statement from the mobile home park;
3 (iv) state that the payment required under Subsection (ii) shall be considered additional
4 rent; and
5 (v) state that the resident's failure to make the payment required by Subsection (ii) in a
6 timely manner shall be a default of resident's lease and shall subject the resident to all other
7 remedies available to the mobile home park for a default, including remedies available for failure
8 to pay rent.
9 Section 3. Section 57-16-6 is amended to read:
10 57-16-6. Action for lease termination -- Prerequisite procedure.
11 A legal action to terminate a lease based upon a cause set forth in Section 57-16-5 may not
12 be commenced except in accordance with the following procedure:
13 (1) Before issuance of any summons and complaint, the mobile home park shall send or
14 serve written notice to the resident or subtenant:
15 (a) by delivering a copy of the notice personally;
16 (b) by sending a copy of the notice through registered or certified mail addressed to the
17 resident or subtenant at his place of residence;
18 (c) if the resident or subtenant is absent from his place of residence, by leaving a copy of
19 the notice with some person of suitable age and discretion at his residence and sending a copy
20 through the mail addressed to the resident or subtenant at his place of residence; or
21 (d) if a person of suitable age or discretion cannot be found, by affixing a copy of the
22 notice in a conspicuous place on the resident's or subtenant's mobile home and also sending a copy
23 through the mail addressed to the resident or subtenant at his place of residence.
24 (2) The notice shall set forth the cause for the notice and, if the cause is one which can be
25 cured, the time within which the resident has to cure. The notice shall also set forth the time after
26 which the mobile home park may commence legal action against the resident if cure is not
27 effected, as follows:
28 (a) In the event of failure to abide by a mobile home park rule, the notice shall provide for
29 a [15-day] cure period as provided in Subsections 57-16-5(1)(a) and (2), except in the case of
30 repeated violations and, shall state that if a cure is not timely effected, or a written agreement made
31 between the mobile home park and the resident allowing for a variation in the rule or cure period,

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1 eviction proceedings may be initiated immediately.
2 (b) If the resident commits repeated violations of a rule, a summons and complaint may
3 be issued three days after a notice is served.
4 (c) If a resident behaves in a manner that substantially endangers the well-being or
5 property of other residents, eviction proceedings may commence immediately.
6 (d) If a resident does not pay rent, fees, or service charges, the notice shall provide a
7 [three-day] five-day cure period and, that if cure is not timely effected, or a written agreement
8 made between the mobile home park and the resident allowing for a variation in the rule or cure
9 period, eviction proceedings may be initiated immediately.
10 (e) If there is a planned change in land use or condemnation of the park, the notice shall
11 provide that the resident has 90 days after receipt of the notice to vacate the mobile home park if
12 no governmental approval or permits incident to the planned change are required, and if
13 governmental approval and permits are required, that the resident has 90 days to vacate the mobile
14 home park after all permits or approvals incident to the planned change are obtained.
15 (3) If the planned change in land use or condemnation requires the approval of a
16 governmental agency, the mobile home park, in addition to the notice required by Subsection (2)
17 (e), shall send written notice of the date set for the initial hearing to each resident at least seven
18 days before the date scheduled for the initial hearing.
19 (4) Regardless of whether the change of use requires the approval of any governmental
20 agency, if the resident was not a resident of the mobile home park at the time the initial change of
21 use notice was issued to residents the owner shall give notice of the change of use to the resident
22 before he occupies the mobile home space.
23 (5) Eviction proceedings commenced under this chapter and based on causes set forth in
24 Subsections 57-16-4(2) and 57-16-5(1)[,(2)](a), (b), and [(5)] (e) shall be brought in accordance
25 with the Utah Rules of Civil Procedure and shall not be treated as unlawful detainer actions under
26 Title 78, Chapter 36, Forcible Entry and Detainer. Eviction proceedings commenced under this
27 chapter and based on causes of action set forth in Subsections 57-16-5[(3)](1)(c) and [(4)](d) may,
28 at the election of the mobile home park, be treated as actions brought under this chapter and the
29 unlawful detainer provisions of Title 78, Chapter 36, Forcible Entry and Detainer, except, if
30 unlawful detainer is charged, the court shall endorse on the summons the number of days within
31 which the defendant is required to appear and defend the action, which shall not be less than five

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1 days or more than 20 days from the date of service.
2 Section 4. Section 57-16-7 is amended to read:
3 57-16-7. Rules of parks.
4 (1) (a) A mobile home park may promulgate rules related to the health, safety, and
5 appropriate conduct of residents and to the maintenance and upkeep of such park. No change in
6 rule that is unconscionable is valid.
7 (b) No new or amended rule shall take effect, nor provide the basis for an eviction notice,
8 until the expiration of at least 60 days after its promulgation. Each resident, as a condition
9 precedent to such rule being in effect, shall be provided with a copy of each new or amended rule
10 that does not appear in their lease agreement.
11 (c) For 30 days after the mobile home park proposes amendments to the mobile home park
12 rules, the mobile home park shall allow residents, individually or through a representative of a
13 group of residents, the opportunity to meet with the mobile home park management about the
14 proposed amendments. The meetings shall be held within 15 days after receipt of written request
15 for the meeting by the residents or the representative.
16 (2) A mobile home park may specify the type of material used, and the methods used in
17 the installation of, underskirting, awnings, porches, fences, or other additions or alterations to the
18 exterior of a mobile home, and may also specify the tie-down equipment used in a mobile home
19 space, in order to insure the safety and good appearance of the park; but under no circumstances
20 may it require a resident to purchase such material or equipment from a supplier designated by the
21 mobile home park.
22 (3) No mobile home park may charge an entrance fee, exit fee, nor installation fee, but
23 reasonable landscaping and maintenance requirements may be included in the mobile home park
24 rules. The resident is responsible for all costs incident to connection of the mobile home to existing
25 mobile home park facilities and for the installation and maintenance of the mobile home on the
26 mobile home space.
27 (4) Nothing in this section shall be construed to prohibit a mobile home park from
28 requiring a reasonable initial security deposit.
29 Section 5. Section 57-16-7.5 is enacted to read:
30 57-16-7.5. Payment of rent required after notice -- Summary judgment.
31 (1) (a) Any resident shall continue to pay the mobile home park all rent required by the

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1 lease after having been served with any notice pursuant to this chapter, except a notice for
2 nonpayment of rent.
3 (b) In cases not involving payment of rent, the mobile home park may accept rent without
4 waiving any rights under this chapter.
5 (2) If the resident fails to pay rent, the mobile home park shall be entitled to summary
6 judgment for:
7 (a) the rent owed;
8 (b) termination of the lease; and
9 (c) restitution of the premises.
10 (3) The summary judgment as provided in Subsection (2) shall be granted even if a
11 five-day notice to pay or quit was not served, so long as another appropriate notice under this
12 chapter has been served.




Legislative Review Note
as of 12-5-96 7:17 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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