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H0687...................................................by LOCAL GOVERNMENT
MOBILE HOME PARKS - Amends existing law relating to the Mobile Home Park
Landlord Tenant Act to increase the notice time which must be given before
termination of a tenancy upon cessation of operation.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 687
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO THE MOBILE HOME PARK LANDLORD TENANT ACT; AMENDING SECTION
3 55-2010, IDAHO CODE, TO PROVIDE CLARIFICATION, TO INCREASE THE NOTICE TIME
4 WHICH MUST BE GIVEN BEFORE TERMINATION OF A TENANCY UPON CESSATION OF THE
5 OPERATION AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 55-2010, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 55-2010. TERMINATIONS. (1) Tenancy during the term of a rental agreement
10 may be terminated by the landlord only for one (1) or more of the following
11 reasons:
12 (a) Substantial or repeated violation of the written rules of the mobile
13 home park. The tenant shall be given written notice to comply. If the ten-
14 ant does not comply within three (3) days, the tenant may be given notice
15 of a twenty (20) day period in which to vacate. In the case of periodic
16 rather than continuous violation, said notice shall specify that the same
17 violation repeated shall result in the termination.
18 (b) Nonpayment of rent or other charges specified in the rental agree-
19 ment. The tenant shall be given written notice. If the tenant does not pay
20 within three (3) days the tenant may be given notice of a twenty (20) day
21 period in which to vacate.
22 (c) Cessation of the mobile home space rental operation, provided that
23 the landlord gives the tenant not less than one three hundred twenty
24 (12300) days' notice in writing prior to the date designated in the notice
25 of termination.
26 (2) Except where there will be a cessation of the mobile home space
27 rental operation, a A landlord shall give the tenant no less than ninety (90)
28 days' written notice of an intention not to renew the rental agreement. Where
29 there will be a cessation of the mobile home space rental operation, the land-
30 lord must provide the tenant with the same notice as required in subsection
31 (1)(c) of this section.
32 (3) A tenant shall notify the landlord in writing thirty (30) days prior
33 to the expiration of a rental agreement of an intention not to renew rental
34 agreement.
35 (4) Any tenant who is a member of the armed forces may, without penalty,
36 terminate a rental agreement with less than thirty (30) days' notice if he
37 receives reassignment orders which do not allow greater notice.
38 (5) The tenant may terminate the rental agreement upon thirty (30) days'
39 written notice whenever a change in the location of the tenant's employment
40 requires a change in his residence.
STATEMENT OF PURPOSE
RS 14017
Closure of a mobile home park presents tenants in need of low
cost housing with a number of complex issues. Many mobile homes
must be renovated prior to being moved, the move itself can be
costly and complicated by weather conditions, and a new location
must be found. Current law does now allow sufficient time to deal
with these issues.
FISCAL IMPACT
There is no fiscal impact on general or dedicated funds.
Contact
Name: Representative Shirley Ringo
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 687