57-16-4 - Termination of lease or rental agreement -- Required contents of lease -- Increases in rents or fees -- Sale of homes -- Notice regarding planned reduction or restriction of amenities.
57-16-4. Termination of lease or rental agreement -- Required contents of lease --Increases in rents or fees -- Sale of homes -- Notice regarding planned reduction orrestriction of amenities.
(1) A mobile home park or its agents may not terminate a lease or rental agreement uponany ground other than as specified in this chapter.
(2) Each agreement for the lease of mobile home space shall be written and signed by theparties.
(3) Each lease shall contain at least the following information:
(a) the name and address of the mobile home park owner and any persons authorized toact for the owner, upon whom notice and service of process may be served;
(b) the type of the leasehold, whether it be term or periodic, and, in leases entered into onor after May 6, 2002, a conspicuous disclosure describing the protection a resident has underSubsection (1) against unilateral termination of the lease by the mobile home park except for thecauses described in Section 57-16-5;
(c) (i) a full disclosure of all rent, service charges, and other fees presently being chargedon a periodic basis; and
(ii) a full disclosure of utility infrastructure owned by the mobile home park owner or itsagent that is maintained through service charges and fees charged by the mobile home parkowner or its agent;
(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 that, if broken, may constitute groundsfor eviction, including, in leases entered into on or after May 6, 2002, a conspicuous disclosureregarding:
(i) the causes for which the mobile home park may terminate the lease as described inSection 57-16-5; and
(ii) the resident's rights to:
(A) terminate the lease at any time without cause, upon giving the notice specified in theresident's lease; and
(B) advertise and sell the resident's mobile home.
(4) (a) Increases in rent or fees for periodic tenancies are unenforceable until 60 daysafter notice of the increase is mailed to the resident.
(b) If service charges are not included in the rent, the mobile home park may:
(i) increase service charges during the leasehold period after giving notice to the resident;and
(ii) pass through increases or decreases in electricity rates to the resident.
(c) Annual income to the park for service charges may not exceed the actual cost to themobile home park of providing the services on an annual basis.
(d) In determining the costs of the services, the mobile home park may includemaintenance costs related to those utilities that are part of the service charges.
(e) The mobile home park may not alter the date on which rent, fees, and service chargesare due unless the mobile home park provides a 60-day written notice to the resident before thedate is altered.
(5) (a) Except as provided in Subsection (3)(b), a rule or condition of a lease thatpurports to prevent or unreasonably limit the sale of a mobile home belonging to a resident isvoid and unenforceable.
(b) The mobile home park:
(i) may reserve the right to approve the prospective purchaser of a mobile home whointends to become a resident;
(ii) may not unreasonably withhold that approval;
(iii) may require proof of ownership as a condition of approval; or
(iv) may unconditionally refuse to approve any purchaser of a mobile home who does notregister before purchasing the mobile home.
(6) If all of the conditions of Section 41-1a-116 are met, a mobile home park may requestthe names and addresses of the lienholder or owner of any mobile home located in the park fromthe Motor Vehicle Division.
(7) (a) A mobile home park may not restrict a resident's right to advertise for sale or tosell a mobile home.
(b) A mobile home park may limit the size of a "for sale" sign affixed to the mobilehome to not more than 144 square inches.
(8) A mobile home park may not compel a resident who wishes to sell a mobile home tosell it, either directly or indirectly, through an agent designated by the mobile home park.
(9) A mobile home park may require that a mobile home be removed from the park uponsale if:
(a) the mobile home park wishes to upgrade the quality of the mobile home park; and
(b) the mobile home either does not meet minimum size specifications or is in a rundowncondition or is in disrepair.
(10) Within 30 days after a mobile home park proposes reducing or restricting amenities,the mobile home park shall:
(a) schedule at least one meeting for the purpose of discussing the proposed restriction orreduction of amenities with residents; and
(b) provide at least 10 days advance written notice of the date, time, location, andpurposes of the meeting to each resident.
(11) If a mobile home park uses a single-service meter, the mobile home park ownershall include a full disclosure on a resident's utility bill of the resident's utility charges.
(12) The mobile home park shall have a copy of this chapter posted at all times in aconspicuous place in the mobile home park.
Amended by Chapter 94, 2009 General Session