TITLE 55

PROPERTY IN GENERAL

CHAPTER 27

FLOATING HOMES RESIDENCY ACT

55-2706.  Rental agreement. (1) From and after the effective date of this chapter, any landlord offering a moorage site for rent shall provide the prospective tenant with a written agreement. This agreement must be executed by both parties. The provisions of this chapter shall apply to all such agreements to the extent applicable as set forth in this chapter.

(2)  The requirements of subsection (1) of this section shall not apply if:

(a)  The floating home marina or a part thereof has been acquired by eminent domain or condemnation for a public works project; or

(b)  An employer-employee relationship exists between a landlord and tenant.

(3)  The provisions of this section shall apply to any tenancy in existence on the effective date of this act, but only after expiration of the term of any oral or written rental agreement governing such tenancy, not to exceed twelve (12) months from the effective date of this act. Existing contracts may be perpetuated by agreement of both parties.

(4)  A floating home owner shall be offered a rental agreement for:

(a)  A term of twelve (12) months;

(b)  A lesser period as mutually agreed upon by both the floating home owner and the landlord; or

(c)  A longer period as mutually agreed upon by both the floating home owner and the landlord.

(5)  A rental agreement may not contain a provision by which the tenant waives his rights under this law.

(6)  The rental agreement shall identify a specific moorage site. The moorage site occupied by a floating home shall remain site specific as set forth in the rental agreement unless any moorage site change is agreed upon by the tenant and the landlord.

History:

[55-2706, added 1998, ch. 194, sec. 1, p. 699.]