TITLE 55

PROPERTY IN GENERAL

CHAPTER 20

MANUFACTURED HOME RESIDENCY ACT

55-2010.  Terminations. (1) Tenancy during the term of a rental agreement may be terminated by the landlord only for one (1) or more of the following reasons:

(a)  Substantial or repeated violation of the rental agreement or the written rules of the community. The resident shall be given written notice to comply. If the resident does not comply within three (3) days, the resident may be given notice of a twenty (20) day period in which to vacate. In the case of periodic rather than continuous violation, said notice shall specify that the same violation repeated shall result in the termination.

(b)  Nonpayment of rent or other charges specified in the rental agreement. The resident shall be given written notice. If the resident does not pay within three (3) days the resident may be given notice of a thirty (30) day period in which to vacate.

(c)  Closure of the community or any portion thereof by order of a federal, state or local authority. The resident shall be given the notice required by such order.

(d)  In the event of a taking of the community or any portion thereof by eminent domain or cessation of the lot rental operation or a portion thereof, the landlord shall give the affected resident and any subtenant not less than one hundred eighty (180) days’ notice in writing prior to the date designated in the notice of termination. After the date notice of termination has been given as provided in this subsection, the landlord shall provide a copy of such notice to any prospective resident or purchaser if the home is to remain in the community. The landlord may not increase the rent during the notice period. This section does not limit a landlord’s right to terminate a tenancy for nonpayment of rent or for other causes under this chapter during the closure period.

(e)  Abandonment.

(2)  Except when a rental agreement is terminated for the reason provided in paragraph (e) of subsection (1) of this section, a landlord shall give the resident no less than ninety (90) days’ written notice of an intention not to renew the rental agreement.

(3)  A resident shall notify the landlord in writing thirty (30) days prior to the expiration of a rental agreement of an intention not to renew the rental agreement.

(4)  Any resident who is a member of the armed forces, including the national guard and armed forces reserves, may, without penalty, terminate a rental agreement with less than thirty (30) days’ notice if he receives reassignment or deployment orders which do not allow greater notice.

(5)  The resident may terminate the rental agreement upon thirty (30) days’ written notice whenever a change in the location of the resident’s employment requires a change in his residence.

History:

[55-2010, added, 1980, ch. 177, sec. 1, p. 378; am. 1988, ch. 196, sec. 8, p. 373; am. 2004, ch. 276, sec. 1, p. 766; am. 2011, ch. 184, sec. 16, p. 530.]