2004 Legislation
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HOUSE BILL NO. 773 – Mobile home park tenancy/terminated

HOUSE BILL NO. 773

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Bill Status



H0773.....................................................by WAYS AND MEANS
MOBILE HOME PARKS - Amends existing law relating to the Mobile Home Park
Landlord Tenant Act to increase the notice time which must be given by a
landlord before termination of a tenancy upon cessation of the operation to
one hundred eighty days.
                                                                        
02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to Bus
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 64-3-3
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Lake, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Bauer, Kulczyk, Langford
      Absent and excused -- Bradford, Ellsworth, Skippen
    Floor Sponsor - Ringo
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Com/HuRes
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Compton
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 276
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 773
                                                                        
                                BY WAYS AND MEANS 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 TECHNICAL CORRECTIONS.
                                                                        
  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  hundred  twenty  eighty
 24        (1280)  days' notice in writing prior to the date designated in the notice
 25        of termination.
 26        (2)  A Except where there will be a cessation of  the  mobile  home  space
 27    rental  operation,  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 the
 34    rental 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 14193

This legislation increases the notice period required from 120 days
to 180 days when a mobile home park ceases operation.

                         

                          FISCAL IMPACT

There is no fiscal impact to the general fund.



Contact:  Jack Lyman
          Idaho Manufactured Housing Association
          342-0031
          Rep. Shirley Ringo
          332-1000 



STATEMENT OF PURPOSE/FISCAL NOTE                       H 773