Title 55, PROPERTY IN GENERAL

55-2001. Short title. This chapter shall be known as and may be cited as the "Manufactured Home Residency Act."

55-2002. Good faith. 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.

55-2003. Definitions. For purposes of this chapter, unless the provisions or context otherwise requires, the following definitions shall govern: (1) "Abandoned home" means a home that: (a) Is located in a community on a lot for which no rent has been paid for the preceding sixty …

55-2004. Chapter governs. This chapter shall regulate and determine legal rights, remedies and obligations arising from any rental agreement between a landlord and a resident regarding a lot, except in those instances in which: (i) the landlord is renting both the lot and the hom…

55-2005. Rental agreement. (1) A written rental agreement or lease shall be executed in duplicate by the landlord and the prospective resident, each to receive a copy. The landlord shall provide a copy of the community rules when the prospective resident submits an application fo…

55-2006. Adjustments to rent, services, utilities or rules. (1) A landlord may increase or decrease rents after expiration of the lease term, but only with ninety (90) days’ written notice to the residents. Such written notice shall be sent by first class mail, certified mail or …

55-2007. Required rental agreement provisions and exclusions — Disclosures. (1) Any rental agreement executed between the landlord and resident shall contain: (a) The terms for the payment of rent, including the time and place for payment, and a description of any other charges t…

55-2008. Rules. (1) A written rule of the community is enforceable against the resident if it is part of the rental agreement signed by the resident. (2) A rule adopted or amended after the resident enters into the rental agreement is not enforceable unless the resident consents …

55-2009. Sales of homes and transfer of lots. (1) No landlord shall deny any resident who owns his home the right to sell the home on a rented lot or require the resident to remove the home from the lot solely on the basis of the sale. (2) The landlord shall not exact a commissio…

55-2009A. Notice of lienholder — Limit on back rent — abandonment. (1) Any lienholder or legal owner of a home who wants to be protected under this section must so notify the landlord in writing of his secured or legal interest. (2) If the resident becomes sixty (60) days in arre…

55-2009B. SALE TO SATISFY LIENS. (1) When a home has been abandoned, the landlord, as the possessory lienholder, may proceed to conduct a sale of the abandoned home to satisfy the lien and costs of sale, if an authorization to conduct a lien sale has been issued by the department…

55-2009C. notice of sale. Prior to any sale pursuant to the provisions of section 55-2009B, Idaho Code, the possessory lienholder shall give at least ten (10) days’ notice of the sale by advertising in one (1) issue of a newspaper of general circulation in the county in which the…

55-2009D. release of owner’s interest in abandoned home. (1) A legal owner of an abandoned home in the possession of a person holding a lien under the provisions of this chapter may release any interest in the home after the lien has attached. (2) The release shall contain the fo…

55-2009E. inspection prior to sale. No lien sale conducted pursuant to this chapter shall be undertaken unless the landlord has permitted access for public inspection of the exterior of the abandoned home for at least one (1) hour prior to the sale. Sealed bids shall not be accep…

55-2009F. disposition of proceeds. (1) The proceeds of a lien sale shall be disbursed as follows: (a) To discharge the lien; then to actual costs of selling the property. The cost of selling shall be the actual cost, not to exceed two hundred dollars ($200), for each abandoned ho…

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…

55-2011. Renewals. Rental agreements shall be automatically renewed for the original term, except as provided in section 55-2010, Idaho Code.

55-2012. Improvements. (1) The landlord shall not restrict the resident’s freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior improvements on a lot. Any request for lot improvements or changes must be submitted in writ…

55-2013. Deposits — Security. (1) Any payment, deposit, fee or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees, and is collected as prepaid rent or a sum to compensate for any resident default is a deposit governed by t…

55-2013A. community resident associations. (1) The residents in a community have the right to organize a resident or homeowner’s association to further their mutual interest and to conduct any other business and programs that the association shall determine. Community residents h…

55-2014. resident action for damages — Specific performance. (1) A resident of a community may file an action against a landlord for damages and specific performance for: (a) Failure to maintain in good working order, to the terminal point of service, electrical, water or sewer s…

55-2015. Retaliatory conduct by landlord prohibited. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or threaten to bring an action for repossession of a lot as retaliation against the resident becaus…

55-2016. Arbitration and mediation. The landlord and resident may agree in writing to submit any dispute arising under the provisions of this chapter, or under the terms, conditions or performance of the rental agreement or under the rules of the community, to mediation or bindin…

55-2017. Penalties. If upon the trial of any action brought under the provisions of section 55-2014, Idaho Code, or those of section 6-302 or 6-303, Idaho Code, the court shall find that the defendant acted with malice, wantonness or oppression, judgment may be entered for three …

55-2018. Attorney’s fees. In any action brought under the provisions of this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney’s fees.

55-2019. Venue. Venue for any action arising under this chapter shall be in the district court of the county in which the lot is located.

55-2020. service of notice. (1) Any three (3) day notice to the resident as required by the provisions of this chapter may be served either: (a) By delivering a copy to the resident personally; or (b) If the resident be absent from the lot, by leaving a copy with someone of suita…