2005 Vermont Code - § 6237. — Evictions

§ 6237. Evictions

(a) A mobile home resident may be evicted only for nonpayment of rent or for a substantial violation of the lease terms of the mobile home park, or if there is a change in use of the park land or parts thereof or a termination of the mobile home park, and only in accordance with the following procedure:

(1) A resident shall not be evicted by force or any other self-help measure.

(2) Prior to the commencement of any eviction proceeding, the park owner must notify the mobile home resident by certified or registered mail, except as provided in subdivision (3) of this subsection;

(A) of the grounds for an eviction proceeding;

(B) that an eviction proceeding may be commenced if the mobile home resident does not pay the overdue rent within 20 days from the date of the mailing of the notice.

(3) A substantial violation of the lease terms, of the mobile home park, or an additional nonpayment of rent occurring within six months of the giving of the notice referred to in subdivision (2) of this subsection may result in immediate eviction proceedings.

(4) A substantial violation of the lease terms, other than an uncured nonpayment of rent, will be insufficient to support a judgment of eviction unless the proceeding is commenced within 60 days of the last alleged violation.

(5) A mobile home park owner shall give to each affected leaseholder and to the commissioner of the department of housing and community affairs notice by certified mail at least 18 months prior to any voluntary change in use of all or part of the park land or termination of the mobile home park that would result in the removal of any or all of the mobile home units. Upon request, the commissioner of housing and community affairs may waive the notice requirement if the change in use is necessary to assure the health, safety or welfare of the park residents. No eviction proceedings may be commenced during the 18-month notice period, except for nonpayment of rent.

(b) A mobile home resident shall not be evicted when there is proof that the lease terms he is accused of violating are not enforced with respect to the other mobile home residents or nonresidents on the park premises.

(c) A sale or change in the form of ownership of the mobile home park shall not be grounds for eviction.

(d) This section shall apply only to evictions undertaken by the owner of a mobile home park. Evictions of a mobile home tenant by a mobile home owner who is not the owner of the mobile home park shall be governed by 9 V.S.A. § 4467. (Added 1973, No. 264 (Adj. Sess.), § 2; amended 1987, No. 252 (Adj. Sess.), § 5, eff. Aug. 1, 1988; 1989, No. 229 (Adj. Sess.), § 9; 1993, No. 141 (Adj. Sess.), § 1, eff. May 6, 1994; 2003, No. 104 (Adj. Sess.), § 8.)