DELAWARE
CODE ANNOTATED -
Title 25, Chapter 70
PART VI. MANUFACTURED HOME
COMMUNITIES
CHAPTER 70. MANUFACTURED HOMES
AND MANUFACTURED HOME
COMMUNITIES
SUBCHAPTER I. MANUFACTURED
HOME OWNERS AND
COMMUNITY OWNERS ACT
§
§ 7001 Purposes and policies;
enforceability.
(a) This subchapter must be
liberally construed and
applied to promote its
underlying purposes and
policies, which are:
(1) To clarify and establish
the law governing the rental
of lots for manufactured homes
as well as the rights and
obligations of manufactured
home community owners
(landlords), manufactured home
owners (tenants) and residents
of manufactured home
communities; and
(2) To encourage manufactured
home community owners and
manufactured home owners and
residents to maintain and
improve the quality of life in
manufactured home communities.
(b) This subchapter applies to
all rental agreements for
manufactured home lots and
regulates and determines the
legal rights, remedies and
obligations of all parties to
a rental agreement, wherever
executed, for a lot for a
manufactured home in a
manufactured home community
within this State. A provision
of a rental agreement which
conflicts with a provision of
this subchapter and is not
expressly authorized herein is
unenforceable. The
unenforceability of a
provision does not affect the
enforceability of other
provisions of a rental
agreement which can be given
effect without the
unenforceable provision.
§ § 7002
Jurisdiction.
(a) Any person, whether or not
a citizen or resident of this
State, who owns, holds an
ownership or beneficial
interest in, uses, manages or
possesses real estate situated
in this State submits to the
jurisdiction of the courts of
this State as to any action or
proceeding for the enforcement
of an obligation or right
arising under this subchapter.
(b) A summary proceeding to
recover the possession of a
rented lot, pursuant to
Chapter 57 of this title, may
be maintained in the Justice
of the Peace Court in the
county where the property is
located.
(c) In the absence of a
provision in this subchapter
governing the relationship
between a manufactured home
owner (tenant) and a
manufactured home community
owner (landlord), the
Residential Landlord-Tenant
Code set forth in Part III of
this title governs the
relationship. The Residential
Landlord-Tenant Code also
governs the rental of
manufactured homes. In the
event of conflict between the
provisions of this subchapter
and those of the Residential
Landlord-Tenant Code, this
subchapter governs issues
pertaining to the rental of
lots in manufactured home
communities.
§ § 7003
Definitions.
Unless otherwise expressly
stated, if a word or term is
not defined under this
section, it has its ordinarily
accepted meaning or means what
the context implies. In this
subchapter, the following
definitions apply.
(1) "Agreement"
means a written rental
agreement.
(2) "Authority"
means the Delaware
Manufactured Home Relocation
Authority.
(3) "Common area"
means shared land or
facilities within a
manufactured home community
over which the landlord
retains control.
(4) "Community
owner" or
"landlord" means the
owner of two or more
manufactured home lots offered
for rent. It includes a lessor,
sub-lessor, park owner or
receiver of two or more
manufactured home lots offered
for rent, as well as any
person, other than a lender
not in possession, who
directly or indirectly
receives rents for 2 or more
manufactured home lots offered
for rent and who has no
obligation to deliver such
rents to another person.
(5) "Guest" or
"visitor" means a
person who is not a tenant or
resident of a manufactured
home community and who is on
the premises of the
manufactured home community
with the express or implied
permission of a tenant or
resident of the community.
(6) "Hold over"
means to retain possession of
a rented lot in a manufactured
home community after the
termination, nonrenewal, or
expiration of a rental
agreement governing the rented
lot.
(7) "Holdover" means
an act of retaining or a
tenant who retains possession
of a rented lot in a
manufactured home community
after the termination,
nonrenewal, or expiration of a
rental agreement governing the
rented lot.
(8) "Home owner" or
"tenant" means an
owner of a manufactured home
who has a tenancy of a lot in
a manufactured home community;
a lessee.
(9) "Landlord" or
"community owner"
means the owner of 2 or more
manufactured home lots offered
for rent. It includes a lessor,
sub-lessor, park owner or
receiver of 2 or more
manufactured home lots offered
for rent, as well as any
person, other than a lender
not in possession, who
directly or indirectly
receives rents for 2 or more
manufactured home lots offered
for rent and who has no
obligation to deliver such
rents to another person.
(10) "Lease" or
"rental agreement"
means a written contract
between a landlord and a
tenant establishing the terms
and conditions whereby a
manufactured home is placed
upon or is allowed to remain
upon a rented or leased lot in
a manufactured home community.
(11) "Manufactured
home" means a
factory-built, single-family
dwelling:
a. transportable in 1 or more
sections, which is either 8
body feet or more in width and
40 body feet or more in
length, or, when erected on
site, has more than 400 square
feet in living area; and
b. with or without a permanent
foundation and designed to be
used as a year- round dwelling
when connected to the required
utilities; and
c. if manufactured since June
15, 1976, built in accordance
with manufactured home
construction requirements
promulgated by the federal
Department of Housing and
Urban Development (HUD) or by
other applicable codes.
"Manufactured home"
is synonymous with
"mobile home",
"trailer", and
similar terms used elsewhere
in this title.
(12) "Manufactured home
community" means a parcel
of land where 2 or more lots
are rented or offered for rent
for the placement of
manufactured homes.
Manufactured home community is
synonymous with "mobile
home park", "trailer
park", and "trailer
court".
(13) "Notice" means
a written announcement,
warning or other communication
delivered to or served upon a
person, as designated in
statute.
(14) "Premises"
means the rented lots in a
manufactured home community,
the structures upon them, and
the facilities and
appurtenances thereon, as well
as the grounds, common areas
and facilities held out for
the use of the tenants and/r
residents generally or whose
use is contracted for between
landlord and tenant.
(15) "Quiet
enjoyment" includes the
peaceful possession of the
premises in a manufactured
home community without
unwarranted disturbance.
(16) "Recreational
vehicle" means a travel
trailer, camping trailer, park
trailer, camper, camper motor
home or similar accommodation
which is primarily designed as
temporary living quarters for
recreational camping or for
seasonal or travel use and
which either has its own motor
power or is mounted on or
drawn by another vehicle.
(17) "Rent" means
money paid by a tenant to a
landlord for the possession,
use and enjoyment of a rented
lot and other parts of the
premises in a manufactured
home community pursuant to a
rental agreement. For purposes
of summary possession, rent
includes late fees for rent,
other fees and charges,
including utility charges, and
the tenant's share of the
Delaware Manufactured Home
Relocation Trust Fund
assessment.
(18) "Rental
agreement" or
"lease" means a
written contract between a
landlord and a tenant
establishing the terms and
conditions whereby a
manufactured home is placed
upon or is allowed to remain
upon a rented or leased lot in
a manufactured home community.
(19) "Resident"
means a person who resides in
a manufactured home located in
a manufactured home community.
A resident may or may not be a
tenant.
(20 "Seasonal
property" means a parcel
of land operated as a vacation
resort on which 2 or more lots
are rented or offered for rent
for the placement of
manufactured homes or other
dwellings used less than 8
months of the year. A seasonal
property is characterized by a
lack of availability of
year-round utilities and by
the fact that its tenants have
primary residences elsewhere.
(21) "Tenant" or
"home owner" means
an owner of a manufactured
home who has a tenancy of a
lot in a manufactured home
community; a lessee.
(22) "Trust Fund"
means the Delaware
Manufactured Home Relocation
Trust Fund.
(23) "Utility
charge" means a charge by
a landlord or others to a
tenant for a commodity such as
water, sewer, electricity,
fuel, propane, cable
television or trash.
(24) "Utility
service" means a service
provided by a landlord or
others to a tenant for a
commodity such as water,
sewer, electricity, fuel,
propane, cable television or
trash.
§ § 7004 Exemptions.
(a) The rental of ground upon
which a recreational vehicle
is placed, including any
facilities or utilities
thereon, is exempt from the
requirements of this
subchapter, and nothing in
this subchapter may be
construed as determining,
regulating or governing the
legal rights of parties to any
lease or rental agreement for
the ground on which a
recreational vehicle is
situated.
(b) The rental of ground
within the category of
seasonal property is exempt
from the requirements of this
subchapter, and nothing in
this subchapter may be
construed as determining,
regulating, or governing the
legal rights of parties to any
lease or rental agreement for
the rental of ground within
the category of seasonal
property.
§ § 7005 Requisites
for rental of a manufactured
home lot.
A landlord may not rent a lot
in a manufactured home
community without first
delivering a copy of the
rental agreement, a copy of
the rules, standards and fee
schedule of the manufactured
home community, and a copy of
this subchapter to the
prospective tenant who shall
acknowledge such delivery by
signing a receipt.
§ § 7006 Provisions
of a rental agreement.
(a) A rental agreement for a
lot in a manufactured home
community must contain:
(1) Specific identification
and location of the rented lot
within the manufactured home
community;
(2) A stipulation of the total
amount of annual rent for the
lot;
(3) A stipulation of the term
of the rental agreement and
the terms of payment of rent,
whether monthly, quarterly,
semiannually or annually;
(4) The amount of rent due for
each term of payment and the
date on which each payment of
rent is due;
(5) The amount of any
late-payment fee for rent and
the conditions under which the
fee may be imposed;
(6) A listing of each other
fee or charge in a manner that
identifies the service to be
provided for the fee or charge
in accordance with the
provisions of § § 7008 of
this title;
(7) The name and address of
the landlord or the person
authorized to receive notices
and accept service on the
landlord's behalf;
(8) The name and location of
the federally insured
financial institution where
the landlord's
security-deposits account is
located;
(9) A services rider which
contains a description of each
utility, facility and service
provided by the landlord and
available to the tenant,
clearly indicating the
financial responsibility of
the tenant and the landlord
for installation and
maintenance, and for the
related fees or charges that
may be imposed upon the tenant
by the landlord;
(10) A rental agreement
summary which must contain a
brief description of the
manufactured home, the rented
lot, rental amount, term,
landlord's mailing address,
tenant's mailing address,
fees, security deposit,
information regarding rent
adjustment, community status
and method of notice;
(11) The grounds for
termination, as described in
this subchapter;
(12) A specific reference to
this subchapter as the law
governing the relationship
between the landlord and the
tenant regarding the lot
rental;
(13) Provisions requiring the
landlord to:
a. Maintain and re-grade the
lot area where necessary and
in good faith to prevent the
accumulation of stagnant water
thereon and to prevent the
detrimental effects of moving
water;
b. Maintain the manufactured
home community in such a
manner as will protect the
health and safety of
residents, visitors and
guests;
c. Identify each lot area in
the community in such a way
that each tenant can readily
identify that tenant's own
area of responsibility and
specify the duties of the
tenant in maintaining the
tenant's own area of
responsibility;
d. Maintain the community,
including common areas and
rental lots not under rent,
keeping it free of species of
weeds or plant growth which
are noxious or detrimental to
the health of the residents;
e. Make a good faith effort to
exterminate insects, rodents,
vermin or other pests which
are dangerous to the health of
the residents when an
infestation exists in the
common areas of the community;
f. Maintain all water,
electrical, plumbing, gas,
sewer, septic and other
utilities and services
provided by the landlord in
good working order, repairing
these utilities and services
within the earlier of 48 hours
after written notification of
a utility or service problem,
or as soon thereafter as is
practicable if a repair within
48 hours is not practicable;
g. When applicable, specify
whether septic systems are to
be maintained by the landlord
or by the tenant;
h. Respect the privacy of
residents and agree not to
enter into, under or on the
manufactured home without the
permission of the tenant or an
adult resident unless
emergency circumstances exist
and entry is required to
prevent injury to person or
damage to property. However,
the landlord may, with 72
hours' notice, inspect any
utility connections owned by
the landlord or for which the
landlord is responsible;
i. Maintain all roads within
the community in good
condition;
j. Comply with all federal,
State and local building
codes;
k. Allow the tenant freedom of
choice in the purchase of
goods and services other than
utilities and related services
subject to the limitations in
subdivision (b)(13) of this
section;
(14) Provisions requiring the
tenant to:
a. Keep the exterior of the
manufactured home and the
rented lot in a clean and
sanitary condition;
b. Refrain from storing
outside on the lot occupied by
the tenant's manufactured home
building materials, furniture
or similar items usually not
stored outside a home by a
property owner in a
residential area;
c. Dispose of all rubbish,
garbage and other waste
materials in a clean and
sanitary manner;
d. Abide by all reasonable
written rules concerning use,
occupation and maintenance of
the premises, and amendments
thereto, as provided for in §
§ 7019 of this title;
e. Abide by all reasonable
written manufactured home
standards, and amendments
thereto, as provided for in §
§ 7020 of this title.
(b) A rental agreement for a
lot in a manufactured home
community may not contain:
(1) A provision whereby the
tenant authorizes a person to
confess judgment on a claim
arising out of the rental
agreement;
(2) A provision whereby the
tenant agrees to waive or to
forego any right or remedy
provided by law;
(3) A provision whereby the
tenant waives the right to a
jury trial;
(4) A provision which permits
the landlord to take
possession of the rented lot
or the tenant's personal
property without the benefit
of formal legal process;
(5) A provision which permits
the landlord to collect a fee
for late payment of rent
without allowing the tenant to
remit the rent in full a
minimum of 5 days beyond the
date the rent is due;
(6) A provision which permits
the landlord to impose for
late payment of rent, based on
a monthly payment, a fee in
excess of the greater of
$25.00 or 5% of the rental
payment specified in the
rental agreement;
(7) A provision which permits
the landlord to charge an
amount in excess of 1 month's
rent for a security deposit,
unless mutually agreed to, or
to retain the security deposit
upon termination of the rental
agreement even though the
tenant has paid the rent and
any fees or charges in full as
of the date of termination and
has caused no damage to the
landlord's property;
(8) A provision which permits
the landlord to collect a
deposit in excess of 1 normal
billing period for any
governmental mandated charge
which is the responsibility of
the tenant and would
ultimately become the
responsibility of the landlord
if not paid by the tenant, or
to retain the deposit upon
termination of the lease if
the tenant has paid the
mandated charge;
(9) A provision which
prohibits the tenant from
terminating the rental
agreement upon a minimum of 30
days notice when a change in
the location of the tenant's
current employment causes the
tenant to commute 30 miles
farther from the manufactured
home community than the
tenant's current commuting
distance from the community,
or a provision which prohibits
a tenant who is a member of
the armed forces of the United
States from terminating a
rental agreement with less
than 30 days notice to the
landlord if the tenant
receives reassignment orders
which do not allow at least 30
days notice;
(10) A provision for a waiver
of any cause of action
against, or indemnification
for the benefit of, the
landlord by the tenant for any
injury or harm caused to the
tenant or to residents, guests
or visitors or to the property
of the tenant, residents,
guests or visitors resulting
from any negligence of the
landlord or of a person acting
for the landlord in the
performance of the landlord's
obligations under the rental
agreement;
(11) A provision which denies
to the tenant the right to
treat a continuing,
substantial violation by the
landlord of any agreement or
duty protecting the health,
welfare or safety of the
tenant or residents as a
constructive or actual
eviction which would otherwise
permit the tenant to terminate
the rental agreement and to
immediately cease payments
thereunder; provided, that the
landlord fails to correct the
condition giving rise to the
violation or fails to cease
the violation within a
reasonable time after written
notice is given to the
landlord by the tenant;
(12) A provision which
prohibits displaying a
for-sale sign that advertises
the sale of a manufactured
home in a manufactured home
community; however, the
landlord may establish
reasonable limitations as to
the number of signs and the
size and placement of signs;
(13) A provision which
unreasonably limits freedom of
choice in the tenant's
purchase of goods and
services, provided however,
that:
a. The landlord is not
required to allow service
vehicles to have access to the
manufactured home community in
such numbers or with such
frequency that a danger is
created or that damage beyond
ordinary wear and tear is
likely to occur to the
infrastructure of the
community;
b. The landlord may restrict
trash collection to a single
provider; and
c. The landlord may select
shared utilities;
(14) A provision which permits
the recovery of attorney's
fees by either party in a
suit, action or proceeding
arising from the tenancy;
(15) A provision which
violates any federal, state or
local law;
(16) A provision which
requires the tenant to:
a. Sell or transfer a
manufactured home to the
landlord; or
b. Buy a manufactured home
from the landlord; or
c. Sell a manufactured home
through the services of the
landlord;
(17) A provision which
requires the tenant to provide
the landlord with a key to the
tenant's manufactured home or
any appurtenances thereto;
(18) A provision which
regulates the use of satellite
dishes or television antennas
that conflicts with federal
law or FCC regulations;
(19) A provision which
requires the tenant to accept
automatic deduction of rent
payments from the tenant's
checking or other account;
(20) A provision which grants
the landlord an option or
right of first refusal to
purchase the tenant's
manufactured home; and
(21) A provision which limits
to a liquidated sum the
recovery to which the tenant
otherwise would be entitled in
an action to recover damages
for a breach by the landlord
in the performance of the
landlord's obligations under
the rental agreement.
(c) If a court of competent
jurisdiction finds that a
tenant's rental agreement
contains a provision in
violation of subsection (b) of
this section:
(1) The landlord shall remove
the provision and provide all
affected tenants by regular
mail with either an amended
rental agreement or corrective
addendum to the rental
agreement within 30 days of
the exhaustion of all appeals,
if any are taken; and
(2) The landlord is liable to
the tenant for actual damages
suffered by the tenant as a
result of the violation, plus
court costs, if any.
(d) If a court of competent
jurisdiction finds that a
landlord has willfully
included in the rental
agreement a provision in
violation of subsection (b) of
this section, the tenant is
entitled to recover 3 months'
rent in addition to an award
under subsection (c) of this
section.
(e) A rental agreement must be
executed before a tenant
occupies a lot.
(f) A landlord may not offer a
lot for rent in a manufactured
home community unless the lot
conforms to the applicable
state, county or municipal
statutes, ordinances or
regulations under which the
manufactured home community
was created, or under which
the manufactured home
community currently and
lawfully exists.
(g) A violation of subsection
(f) of this section is
punishable by a fine of not
more than $1,000.
§ § 7007 Term of
rental agreement; renewal of
rental agreement.
(a) The term of a rental
agreement for a lot in a
manufactured home community
must be:
(1) One year; or
(2) A shorter or longer term
that is mutually agreed upon
by the parties and is
designated in writing within
the rental agreement.
(b) Upon the expiration of the
term of a rental agreement,
the rental agreement must be
automatically renewed by the
landlord for the same term and
with the same provisions as
the original agreement, with
the exception that modified
provisions relating to the
amount and payment of rent are
permitted, and, with the
mutual agreement of all
parties to the rental
agreement, other modifications
not prohibited by law, unless:
(1) The tenant notifies the
landlord in writing, a minimum
of 60 days prior to the
expiration of the rental
agreement, that the tenant
does not intend to renew it,
or a shorter or longer period
of time as is mutually agreed
upon by the parties; or
(2) The landlord notifies the
tenant in writing, a minimum
of 60 days prior to the
expiration of the rental
agreement, that the agreement
will not be renewed for due
cause, as described in § §
7010(a) of this subchapter.
§ § 7008 Fees;
services; utility rates.
(a) A "fee" or
"charge" is a
monetary obligation, other
than lot rent, designated in a
fee schedule pursuant to
subsection (b) of this section
and assessed by a landlord to
a tenant for a service
furnished to the tenant, or
for an expense incurred as a
direct result of the tenant's
use of the premises or of the
tenant's acts or omissions. A
fee or charge may be
considered as rent for
purposes of termination of a
rental agreement, summary
possession proceedings or for
other purposes if specified in
this title.
(b) A landlord must clearly
disclose all fees in a fee
schedule attached to each
rental agreement.
(c) A landlord may assess a
fee if the fee relates to a
service furnished to a tenant
or to an expense incurred as a
direct result of the tenant's
use of the premises. However,
a fee that is assessed due to
the tenant's failure to
perform a duty arising under
the rental agreement may be
assessed only after the
landlord notifies the tenant
of the failure and allows the
tenant 5 days after
notification to remedy or
correct the failure to
perform. A tenant's failure to
pay the fee within .5 days of
notification is a basis for
termination of the rental
agreement pursuant to § §
7010A of this title.
(d) A prospective tenant in a
manufactured home community
may be required to pay an
application fee to be used by
the landlord to determine the
prospective tenant's credit
worthiness. A landlord may not
charge an application fee that
exceeds the greater of 10% of
the monthly lot rent or $50. A
landlord shall, upon receipt
of any money paid as an
application fee, furnish a
receipt to the prospective
tenant for the full amount
paid by the prospective
tenant, and shall maintain for
a period of at least 2 years
complete records of all
application fees charged and
the amount received for each
fee. If a landlord unlawfully
demands or charges more than
the allowable application fee,
the prospective tenant is
entitled to damages equal to
double the amount demanded or
charged as an application fee
by the landlord.
(e) If a landlord pays a
tenant's utility charge to a
third party due to the
tenant's failure to do so, the
charge is considered a
pass-through utility charge.
In addition to any late charge
paid by the landlord to the
third party, the landlord may
assess a third-party-payment
fee not to exceed the greater
of 5% of the total payment by
the landlord to the third
party or $25.
(f) A landlord may assess a
late-payment fee for the late
payment of rent if:
(1) The rent is not paid
within five days after the due
date specified in the rental
agreement; and
(2) The rental agreement
provides for a late-payment
fee.
(g) A landlord may assess an
optional-user fee for the use
of designated facilities or
services. Failure of a tenant
to pay an optional-user fee
for requested use of a
facility or service may not be
the basis for termination of
the rental agreement. However,
continued use of the requested
facility or service without
paying the optional-user fee
may result in termination of
the rental agreement pursuant
to § § 7010A of this title.
Optional-user fees include,
but are not limited to, fees
for the use of a swimming
pool, marine facilities and
tennis courts.
(h) The amount of an
optional-user fee must be
reasonably related to the cost
of providing the facility or
service upon which the fee is
based.
(i) A fee may not be increased
more than once during any
12-month period. A utility
rate may be adjusted as
provided in subsection (j) of
this section. A landlord shall
notify a tenant in writing of
any fee increase or additional
fee at least 60 days prior to
the effective date of the
increase or addition. A fee
increase or an additional fee
is unenforceable unless proper
written notice has been given
to the tenant.
(j) A landlord may charge a
tenant for utilities provided
by the landlord to the tenant
if specified in the rental
agreement. The rate charged by
a landlord for a utility may
not exceed the utility's
retail consumer rate, and the
rate charged by the landlord
may be adjusted without notice
on a monthly basis.
(k) A landlord may not assess
an entrance or exit fee. An
entrance fee is any fee
assessed by a landlord to a
tenant prior to the tenant's
occupancy of a rented lot,
except for an application fee
or a security deposit, or for
those fees or charges for
utilities, for direct services
actually rendered, or for the
use of facilities, all of
which must be identified and
described in the rental
agreement or in a separate
notice pursuant to § § 7006
of this title. An exit fee is
a fee assessed by a landlord
to a tenant immediately prior
to or after the tenant's final
departure from the rented lot,
except for those fees or
charges for direct services
actually rendered by the
landlord which would not
otherwise be provided without
charge in the normal course of
business.
(l) If a utility, facility or
service previously provided
pursuant to the rental
agreement is discontinued, the
landlord shall adjust the
tenant's rent, charge or fee
payment by deducting the
landlord's direct operating
costs of providing the
discontinued utility, facility
or service. An adjustment is
determined as follows:
(1) No less than 60 days prior
to the discontinuance of the
utility, facility or service,
the landlord shall notify all
affected tenants of the
discontinuance, and include in
the notification an
explanation of the
discontinuance and the
reduction in the direct
operating cost, if any,
associated with the
discontinuance.
(2) Within 10 days after the
landlord's notice pursuant to
subdivision (1) of this
subsection, the tenants may
form a committee not to exceed
5 members. The committee and
the landlord shall meet
together at a mutually
convenient time and place to
discuss the discontinuance of
the utility, facility or
service.
(3) At the meeting, the
landlord shall disclose and
explain all material factors
for the proposed
discontinuation of the
utility, facility or service,
together with supporting
documentation. The reduction
in the direct operating cost
of the utility, facility or
service, as determined by an
independent public accountant
or certified public accountant
paid for by the landlord, is
binding upon both the landlord
and the tenants.
§ § 7009 Termination
of rental agreement by tenant
during first month of
occupancy; during first 18
months of occupancy.
(a) If a landlord fails to
substantially comply with the
provisions of a rental
agreement, or if there is a
material non-compliance with
this subchapter or any
statute, ordinance or
regulation governing the
landlord's maintenance or
operation of the manufactured
home community, a tenant may,
upon written notice to the
landlord, terminate the rental
agreement and vacate the
rented lot by removing his or
her manufactured home and all
personal possessions at any
time during the first month of
occupancy. The tenant has no
further obligation to pay rent
after the date of vacating the
lot. A tenant retains the
right to terminate a rental
agreement beyond the first
month of occupancy if the
tenant remains in possession
of the lot in reliance on the
written promise by the
landlord to correct the
condition or conditions which
would justify termination of
the agreement by the tenant
during the first month of
occupancy.
(b) If a condition exists
which deprives a tenant of a
substantial part of the
benefit and enjoyment of the
bargain pursuant to the rental
agreement, the tenant may
notify the landlord in writing
of the condition, and, if the
landlord does not remedy the
condition within 15 days from
the date of mailing, the
tenant may terminate the
rental agreement and vacate
the rented lot by removing the
tenant's own manufactured home
and all personal possessions.
The tenant has no further
obligation to pay rent after
the date of vacating the lot.
Notice pursuant to this
subsection need not be given
if the condition renders the
premises uninhabitable or
poses an imminent threat to
the health, safety or welfare
of the tenant or a resident of
the tenant's manufactured
home.
(c) A tenant may not terminate
a rental agreement pursuant to
this section for a condition
caused by lack of due care by
the tenant, a resident of the
tenant's manufactured home, or
any other person on the
premises with the tenant's or
resident's consent.
(d) If a condition referred to
in subsection (a) or (b) of
this section was caused by the
landlord, the tenant may
recover any damages sustained
as a result of the condition,
including, but not limited to,
reasonable expenditures
necessary to obtain adequate
substitute housing while the
manufactured home is
uninhabitable or while an
imminent threat to health,
safety or welfare exists, or
while the tenant is deprived
of a substantial part of the
benefit and enjoyment of the
bargain pursuant to the rental
agreement prior to the
termination of the rental
agreement by the tenant, and
for a reasonable length of
time following the termination
of the rental agreement.
(e) If a landlord or the
landlord's authorized
representative intentionally
misrepresents a material fact
regarding a manufactured home
community, the scope or extent
of services provided by the
landlord, or a provision of a
rental agreement in a
brochure, newspaper, radio or
television advertisement, or
other document or
advertisement, for the purpose
of inducing a tenant to enter
into a rental agreement, and
the tenant reasonably relies
upon the misrepresentation to
the tenant's detriment when
entering into the rental
agreement, the tenant has the
right to terminate the rental
agreement within 18 months of
execution of the rental
agreement.
§ § 7010 Termination
or nonrenewal of rental
agreement by landlord; due
cause; change in land use.
(a) A landlord may terminate a
rental agreement for a lot in
a manufactured home community
before it expires or may
refuse to renew an agreement
only for due cause. "Due
cause" means:
(1) An intended change in the
use of the land of a
manufactured home community as
specified in subsection (b) of
this section; or
(2) The grounds for
termination pursuant to § §
7010A of this title.
(b) If a change is intended in
the use of land on which a
manufactured home community or
a portion of a manufactured
home community is located and
the landlord intends to
terminate or not renew a
|