2006 Utah Code - 57-16-4 — Termination of lease or rental agreement -- Required contents of lease -- Increases in rents or fees -- Sale of homes -- Notice regarding planned reduction or restriction of amenities.

     57-16-4.   Termination of lease or rental agreement -- Required contents of lease -- Increases in rents or fees -- Sale of homes -- Notice regarding planned reduction or restriction of amenities.
     (1) A mobile home park or its agents may not terminate a lease or rental agreement upon any ground other than as specified in this chapter.
     (2) Each agreement for the lease of mobile home space shall be written and signed by the parties. Each lease shall contain at least the following information:
     (a) the name and address of the mobile home park owner and any persons authorized to act for the owner, upon whom notice and service of process may be served;
     (b) the type of the leasehold, whether it be term or periodic, and, in leases entered into on or after May 6, 2002, a conspicuous disclosure describing the protection a resident has under Subsection (1) against unilateral termination of the lease by the mobile home park except for the causes described in Section 57-16-5;
     (c) a full disclosure of all rent, service charges, and other fees presently being charged on a periodic basis;
     (d) the date or dates on which the payment of rent, fees, and service charges are due;
     (e) all rules that pertain to the mobile home park which, if broken, may constitute grounds for eviction, including, in leases entered into on or after May 6, 2002, a conspicuous disclosure regarding:
     (i) the causes for which the mobile home park may terminate the lease as described in Section 57-16-5; and
     (ii) the resident's rights to terminate the lease at any time without cause, upon giving the notice specified in the resident's lease, and to advertise and sell the resident's mobile home.
     (3) (a) Increases in rent or fees for periodic tenancies shall be unenforceable until 60 days after notice of the increase is mailed to the resident. If service charges are not included in the rent, service charges may be increased during the leasehold period after notice to the resident is given, and increases or decreases in electricity rates shall be passed through to the resident. Annual income to the park for service charges may not exceed the actual cost to the park of providing the services on an annual basis. In determining the costs of the services, the park may include maintenance costs related to those utilities which are part of the service charges.
     (b) The mobile home park may not alter the date or dates on which rent, fees, and service charges are due unless a 60-day written notice precedes the alteration.
     (4) Any rule or condition of a lease purporting to prevent or unreasonably limit the sale of a mobile home belonging to a resident is void and unenforceable. The mobile home park may, however, reserve the right to approve the prospective purchaser of a mobile home who intends to become a resident, but the approval may not be unreasonably withheld. The mobile home park may require proof of ownership as a condition of approval. The mobile home park may unconditionally refuse to approve any purchaser of a mobile home who does not register prior to purchase.
     (5) If all of the conditions of Section 41-1a-116 are met, a mobile home park may request from the Motor Vehicle Division the names and addresses of the lienholder or owner of any mobile home located in the park.
     (6) A mobile home park may not restrict a resident's right to advertise for sale or to sell his mobile home. However, the park may limit the size of a "for sale" sign affixed to the mobile home to not more than 144 square inches.

---

     (7) A mobile home park may not compel a resident who desires to sell his mobile home, either directly or indirectly, to sell it through an agent designated by the mobile home park.
     (8) In order to upgrade the quality of a mobile home park, it may require that a mobile home be removed from the park upon sale if:
     (a) the mobile home does not meet minimum size specifications; or
     (b) the mobile home is in rundown condition or in disrepair.
     (9) Within 30 days after a mobile home park proposes reducing or restricting amenities, the mobile home park shall schedule at least one meeting for the purpose of discussing the proposed restriction or reduction of amenities with residents and shall provide at least ten days advance written notice of the date, time, location, and purposes of the meeting to all residents.
     (10) A copy of this chapter shall be posted at all times in a conspicuous place in the mobile home park.

Amended by Chapter 255, 2002 General Session