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H.B. 1001 Enrolled

    

MOBILE HOME RESIDENT AMENDMENTS

    
1997 FIRST SPECIAL SESSION

    
STATE OF UTAH

    
Sponsor: Lloyd W. Frandsen

    AN ACT RELATING TO REAL ESTATE; AMENDING THE MOBILE HOME PARK
    RESIDENCY ACT; CLARIFYING THAT CAUSE FOR EVICTION SHALL BE
    RETAINED IN STATUTE; REPEALING THE PROVISION RELATING TO NO
    CAUSE EVICTIONS; MAKING TECHNICAL CHANGES; PROVIDING AN
    EFFECTIVE DATE; AND PROVIDING CONSTRUCTION PROVISIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         57-16-4, as last amended by Chapter 114, Laws of Utah 1997
         57-16-5, as last amended by Chapter 114, Laws of Utah 1997
         57-16-6, as last amended by Chapter 114, Laws of Utah 1997
    This act enacts uncodified material.
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 57-16-4 is amended to read:
         57-16-4. Termination of lease or rental agreement -- Required contents of lease --
     Increases in rents or fees -- Sale of homes.
        (1) A mobile home park or its agents may not terminate a lease or rental agreement upon
    any ground other than as specified in this chapter.
        [(2) At the conclusion of its term, or in the case of a month-to-month lease at any time, a
    lease may be terminated by the mobile home park after no less than 60-days written notice to the
    resident of the mobile home park's intention not to renew the resident's lease. If at the end of the
    60 days the resident has not returned the mobile home space to the mobile home park, eviction
    proceedings may be initiated immediately.]
        [(3)] (2) Each agreement for the lease of mobile home space shall be written and signed
    by the parties. Each lease shall contain at least the following information:
        (a) the name and address of the mobile home park owner and any persons authorized to


    act for the owner, upon whom notice and service of process may be served;
        (b) the type of the leasehold, and whether it be term or periodic;
        (c) a full disclosure of all rent, service charges, and other fees presently being charged on
    a periodic basis;
        (d) the date or dates on which the payment of rent, fees, and service charges are due; and
        (e) all rules that pertain to the mobile home park which, if broken, may constitute grounds
    for eviction.
        [(4)] (3) (a) Increases in rent or fees for periodic tenancies shall be unenforceable until 60
    days after notice of the increase is mailed to the resident. If service charges are not included in the
    rent, service charges may be increased during the leasehold period after notice to the resident is
    given, and increases or decreases in electricity rates shall be passed through to the resident.
    Increases or decreases in the total cost of other service charges shall be passed through to the
    resident.
        (b) The mobile home park may not alter the date or dates on which rent, fees, and service
    charges are due unless a 60-day written notice precedes the alteration.
        [(5)] (4) Any rule or condition of a lease purporting to prevent or unreasonably limit the sale
    of a mobile home belonging to a resident is void and unenforceable. The mobile home park may,
    however, reserve the right to approve the prospective purchaser of a mobile home who intends to
    become a resident, but [such] the approval may not be unreasonably withheld. The mobile home
    park may require proof of ownership as a condition of approval. The mobile home park may
    unconditionally refuse to approve any purchaser of a mobile home who does not register prior to
    purchase.
        [(6)] (5) A mobile home park may not restrict a resident's right to advertise for sale or to sell
    his mobile home. However, the park may limit the size of a "for sale" sign affixed to the mobile
    home to not more than 144 square inches.
        [(7)] (6) A mobile home park may not compel a resident who desires to sell his mobile
    home, either directly or indirectly, to sell it through an agent designated by the mobile home park.
        [(8)] (7) In order to upgrade the quality of a mobile home park, it may require that a mobile

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    home be removed from the park upon sale if:
        (a) the mobile home does not meet minimum size specifications; or
        (b) the mobile home is in rundown condition or in disrepair.
        Section 2. Section 57-16-5 is amended to read:
         57-16-5. Cause required for terminating lease -- Causes -- Cure periods -- Notice.
        (1) An agreement for the lease of mobile home space in a mobile home park may be
    terminated [during its term] by mutual agreement or for any one or more of the following causes:
        (a) failure of a resident to comply with a mobile home park rule:
        (i) relating to repair, maintenance, or construction of awnings, skirting, decks, or sheds for
    a period of 60 days after receipt of a notice of noncompliance from the mobile home park; or
        (ii) relating to any other park rule for a period of seven days after receipt of notice of
    noncompliance from the mobile home park, except relating to maintenance of a resident's yard and
    space, the mobile home park may elect not to proceed with the seven-day cure period and may
    provide the resident with written notice as provided in Subsection (2);
        (b) repeated failure of a resident to abide by a mobile home park rule, if the original notice
    of noncompliance states that another violation of the same or a different rule might result in
    forfeiture without any further period of cure;
        (c) behavior by a resident which substantially endangers the security and health of the other
    residents or threatens the property in the park;
        (d) nonpayment of rent, fees, or service charges;
        (e) a change in the land use or condemnation of the mobile home park or any part of it.
        (2) If the mobile home park elects not to proceed with the seven-day cure period in
    Subsection (1)(a)(ii), a 15-day notice shall:
        (a) state that if the resident does not perform his duties or obligations under the lease
    agreement or rules of the mobile home park within 15 days, the mobile home park may enter onto
    the resident's space and cure any default;
        (b) state the expected reasonable cost of curing the default;
        (c) require the resident to pay all costs incurred by the mobile home park to cure the default

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    by the first day of the month following receipt of a billing statement from the mobile home park;
        (d) state that the payment required under Subsection (2)(b) shall be considered additional
    rent; and
        (e) state that the resident's failure to make the payment required by Subsection (2)(b) in a
    timely manner shall be a default of the resident's lease and shall subject the resident to all other
    remedies available to the mobile home park for a default, including remedies available for failure
    to pay rent.
        Section 3. Section 57-16-6 is amended to read:
         57-16-6. Action for lease termination -- Prerequisite procedure.
        A legal action to terminate a lease based upon a cause set forth in Section 57-16-5 may not
    be commenced except in accordance with the following procedure:
        (1) Before issuance of any summons and complaint, the mobile home park shall send or
    serve written notice to the resident or subtenant:
        (a) by delivering a copy of the notice personally;
        (b) by sending a copy of the notice through registered or certified mail addressed to the
    resident or subtenant at his place of residence;
        (c) if the resident or subtenant is absent from his place of residence, by leaving a copy of the
    notice with some person of suitable age and discretion at his residence and sending a copy through
    the mail addressed to the resident or subtenant at his place of residence; or
        (d) if a person of suitable age or discretion cannot be found, by affixing a copy of the notice
    in a conspicuous place on the resident's or subtenant's mobile home and also sending a copy through
    the mail addressed to the resident or subtenant at his place of residence.
        (2) The notice shall set forth the cause for the notice and, if the cause is one which can be
    cured, the time within which the resident has to cure. The notice shall also set forth the time after
    which the mobile home park may commence legal action against the resident if cure is not effected,
    as follows:
        (a) In the event of failure to abide by a mobile home park rule, the notice shall provide for
    a cure period as provided in Subsections 57-16-5(1)(a) and (2), except in the case of repeated

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    violations and, shall state that if a cure is not timely effected, or a written agreement made between
    the mobile home park and the resident allowing for a variation in the rule or cure period, eviction
    proceedings may be initiated immediately.
        (b) If the resident commits repeated violations of a rule, a summons and complaint may be
    issued three days after a notice is served.
        (c) If a resident behaves in a manner that substantially endangers the well-being or property
    of other residents, eviction proceedings may commence immediately.
        (d) If a resident does not pay rent, fees, or service charges, the notice shall provide a five-day
    cure period and, that if cure is not timely effected, or a written agreement made between the mobile
    home park and the resident allowing for a variation in the rule or cure period, eviction proceedings
    may be initiated immediately.
        (e) If there is a planned change in land use or condemnation of the park, the notice shall
    provide that the resident has 90 days after receipt of the notice to vacate the mobile home park if no
    governmental approval or permits incident to the planned change are required, and if governmental
    approval and permits are required, that the resident has 90 days to vacate the mobile home park after
    all permits or approvals incident to the planned change are obtained.
        (3) If the planned change in land use or condemnation requires the approval of a
    governmental agency, the mobile home park, in addition to the notice required by Subsection (2)(e),
    shall send written notice of the date set for the initial hearing to each resident at least seven days
    before the date scheduled for the initial hearing.
        (4) Regardless of whether the change of use requires the approval of any governmental
    agency, if the resident was not a resident of the mobile home park at the time the initial change of
    use notice was issued to residents the owner shall give notice of the change of use to the resident
    before he occupies the mobile home space.
        (5) (a) Eviction proceedings commenced under this chapter and based on causes set forth
    in Subsections [57-16-4(2) and] 57-16-5(1)(a), (b), and (e) shall be brought in accordance with the
    Utah Rules of Civil Procedure and shall not be treated as unlawful detainer actions under Title 78,
    Chapter 36, Forcible Entry and Detainer. Eviction proceedings commenced under this chapter and

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    based on causes of action set forth in Subsections 57-16-5(1)(c) and (d) may, at the election of the
    mobile home park, be treated as actions brought under this chapter and the unlawful detainer
    provisions of Title 78, Chapter 36, Forcible Entry and Detainer[, except, if].
        (b) If unlawful detainer is charged, the court shall endorse on the summons the number of
    days within which the defendant is required to appear and defend the action, which shall not be less
    than five days or more than 20 days from the date of service.
        Section 4. Effective date.
        If approved by two-thirds of all the members elected to each house, this act takes effect upon
    approval by the governor, or the day following the constitutional time limit of Utah Constitution
    Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
    override.
        Section 5. Construction.
        (1) Upon the effective date of H.B. 1001 (1997 1st Special Session), any notice to a mobile
    home resident issued pursuant to Subsection 57-16-4(2) (1997 Annual General Session), which is
    repealed in this special session, is null and void.
        (2) No cause of action has accrued and no action may be brought under Subsection 57-16-4
    (2) (1997 Annual General Session), which is repealed in this special session.

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