2004 Legislation
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HOUSE BILL NO. 687 – Mobile home park, tenancy terminatn

HOUSE BILL NO. 687

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                       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