Title 33, Property

A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.

This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a mobile home space in a mobile home park located within this state.

A. This chapter does not apply to an occupancy in or operation of public housing as authorized, provided or conducted under or pursuant to title 36, chapter 12, or under or pursuant to any federal law or regulation that might conflict therewith. B. This chapter does not apply to …

A. The appropriate court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provide…

In this chapter unless the context otherwise requires: 1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. 2. "Anniversary date" means an annual date applying to all ten…

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

A. If the hearing officer or court, as a matter of law, finds: 1. That a rental agreement or any provision thereof was unconscionable when made, the hearing officer or court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable pro…

A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he ha…

A. At the beginning of the tenancy, a signed, written rental agreement must be executed by the landlord or designated agent and a tenant. The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to either party …

A. If a landlord charges separately for gas, water or electricity there shall be a separate meter for every user. For each billing period the cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and the dates of the …

The rental agreement may provide that the landlord may charge a guest fee.

Pursuant to state and federal fair housing laws, a resident who has a disability as defined in section 41-1491 may have one or more persons occupy the resident's mobile home to provide necessary live-in health care, personal care or supportive services if the care or services are…

A. A rental agreement shall not provide that the tenant agrees to: 1. Waive or to forgo rights or remedies under this chapter. 2. Pay the landlord's attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party in the event of…

A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent, unless the landlord has agreed to comply with section 33-1434, subsection A.

A. Notwithstanding any other provision of law, the state legislature determines that the imposition of rent control on mobile home spaces by counties, cities, including charter cities, and towns is of statewide concern. Therefore, the power to control rents on mobile home spaces …

A. A landlord shall not offer, solicit, pay, receive or require from another landlord or from a person who is licensed pursuant to title 41, chapter 37, article 4 any form of compensation or benefit in connection with the purchase, sale, rental, location or removal of a mobile or…

A. An incorporated tenants' park purchase association may be formed for the purpose of giving written notification to the owner of a mobile home park of the association's interest in purchasing the park. B. This section does not confer a right of first refusal to an association f…

For any person who inherits a mobile home by will, trust or any other testamentary conveyance, all of the following apply: 1. The person may do either of the following: (a) Reside in the mobile home on the premises only if the person meets the requirements prescribed for other te…

A. A landlord shall not demand or receive as security, however denominated, prepaid rent in an amount or value in excess of two months' rent. This subsection does not prohibit a tenant from voluntarily paying more than two months' rent in advance. B. The landlord shall pay not le…

A. The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing before entering into the rental agreement each of the following: 1. The name and address of the person authorized to manage the premises. 2. …

At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 33-1434. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages…

A. The landlord shall: 1. Comply with the requirements of all applicable city, county and state codes materially affecting health and safety. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas o…

A. Unless otherwise agreed, a landlord who conveys premises that include a mobile home space subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring subsequent to writt…

A. Before execution of the rental agreement the landlord or any person authorized to enter into the rental agreement shall provide the tenant with the statements of policy of the mobile home park and the date of expiration of each statement. The landlord or any successor in inter…

A. Within six months after employment as a park manager, a park manager shall complete at least six hours of educational programs and shall complete at least six additional hours of educational programs every two years. B. A park manager shall post proof of completion of and comp…

On the sale or other transfer of a mobile home park, the landlord shall deliver to the buyer or other transferee all available plans, drawings and records pertaining to the location of all underground facilities in the parks, all plans, drawings, surveys and plats of the park, al…

A. A tenant of a mobile home space shall exercise diligence to maintain that part of the premises that the tenant has rented in as good condition as when the tenant took possession and shall: 1. Comply with all obligations primarily imposed on tenants by applicable provisions of …

A. A landlord shall adopt written rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against the tenant only if: 1. Their purpose is to promote the convenience, safety or welfare of the ten…

A. The landlord has no right of access to a mobile home owned by a tenant. B. The landlord and tenant may mutually agree, in writing, to give the landlord access.

A. Unless otherwise agreed, the tenant shall occupy the tenant's mobile home only as a dwelling unit and may sublet, upon written agreement with the park management. B. If a landlord adopts a policy of permitting subleasing, the landlord shall not unreasonably withhold approval o…

A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, the rules and regulations or statements of policy, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the bre…

A. If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 33-1433, rent abates until possession is delivered and the tenant may do either of the following: 1. Upon at least five days' written notice to the landlord termi…

A. If the landlord fails to comply with section 33-1434, the tenant may recover damages for the breach under section 33-1471, subsection B, or may notify the landlord of his intention to correct the condition at the landlord's expense. After being notified by the tenant in writin…

A. If contrary to the rental agreement or section 33-1434, the landlord deliberately or negligently fails to supply essential services, the tenant may give reasonable notice to the landlord specifying the breach under tenant's remedies. B. The rights under this section do not ari…

If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate t…

A. The landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy in the mobile home park. The reason or reasons relied on for the termination or nonrenewal shall be stated in writing with specific facts, so that the date, place and circumstance…

A. The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before the change in use. The landlord may not increase rent within ninety days before giving notice of a change in use. B. The landlord shall inform all tenan…

A. The mobile home relocation fund is established consisting of monies collected pursuant to sections 33-1476.03 and 33-2151 and any surcharge collected pursuant to section 33-1437. The director shall administer the fund. B. Fund monies shall be used as prescribed in sections 33-…

A. In order to provide monies for the mobile home relocation fund, each owner of a mobile home located in a mobile home park who does not own the land on which the mobile home is located shall pay each year to the state an assessment equal to a rate of $.50 per $100 of the taxabl…

A. A tenant is eligible for payment from the fund if all of the following conditions are met: 1. The tenant resides in a mobile home that is owned by the tenant and that is located in a mobile home park. 2. A rent increase will be effective at the expiration or renewal of the ten…

A. The landlord shall notify the director and all tenants in writing of a change in use at least sixty days before a change in the age-restricted community to an all-age community use as defined by the housing for older persons act of 1995. B. A tenant is eligible for payment fro…

If there is noncompliance by the tenant with section 33-1451 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within ten days a…

A. If the tenant abandons the mobile home unit on a mobile home space, it is incumbent upon the landlord to locate the legal owner or lienholder of the mobile home unit within ten days and communicate to him his liability for any costs incumbered for the mobile home space for suc…

A. A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter. B. Distraint for rent is abolished.

A. If the rental agreement is terminated, the landlord may have a claim for possession of the mobile home space and for rent and a separate claim for actual damages for breach of the rental agreement. B. In the execution of any writ of restitution issued pursuant to section 12-11…

A landlord may not recover or take possession of the mobile home space by action or otherwise, including wilful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of aba…