33-1413

33-1413. Terms and conditions of rental
agreement

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 by other provisions of this chapter. The rental agreement shall be
for a specific period and shall include:

1. The amount of the rent.

2. The amount of any security deposit.

B. If the landlord and tenant agree to the term of the rental agreement, the rental
agreement may be for any term. If the landlord and tenant disagree on the term of the
rental agreement, the rental agreement shall be for twelve months. The initial term of a
rental agreement may be for less than twelve months if the reason is to ensure conformity
with a standard anniversary date. Any written rental agreement shall have all blank
spaces completed, and executed copies of the written rental agreement shall be furnished
to all parties within ten days of execution.

C. The rental agreement may include conditions not prohibited by this chapter or
other rule of law governing the rights and obligations of the parties.

D. The landlord shall attach to the rental agreement a statement signed by the
prospective tenant acknowledging receipt of:

1. The disclosures required in section 33-1432.

2. A current copy of this chapter as prescribed in section 33-1432.

3. A current copy of the rules or regulations adopted pursuant to section 33-1452.

E. Rent shall be payable without demand or notice at the time and place agreed upon
by the parties. Periodic rent is payable at the beginning of any term of one month or
less, and thereafter, unless otherwise agreed, in equal monthly installments at the
beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable
from day to day.

F. A landlord shall not prohibit a tenant who is a member of the armed forces of
the United States from terminating a rental agreement with less than two weeks' notice to
the landlord if he receives reassignment orders which do not allow such prior
notification.

G. Notwithstanding any provision of this article to the contrary, upon the
expiration or renewal of any rental agreement, the landlord may increase or decrease the
total rent or change payment arrangements. The landlord shall notify the tenant in
writing by first class or certified mail or by personal delivery at least ninety days
prior to the expiration or renewal of any rental agreement of any such increase or
change. Nothing in this subsection requires a landlord to provide cause for any change
in rent if the landlord complies with notice requirements.

H. On expiration of a written rental agreement for a specified term or written
renewal of a rental agreement, tenancy is on a month-to-month basis unless the landlord,
its designated agent or the tenant requests a new written rental agreement. If the
landlord and tenant agree to the term of the rental agreement, the rental agreement may
be for any term. If the landlord and tenant disagree on the term of the rental
agreement, the rental agreement shall be for twelve months.

I. In addition to any other rental provisions, the landlord is entitled to a rental
increase effective at the expiration or renewal of any rental agreement or effective
immediately if so provided in a written rental agreement to compensate the landlord for
actual costs of insurance, taxes and rate increases for utilities, which shall be
substantiated by the landlord in writing to the tenant.

J. As a condition of tenancy the rental agreement may require the prospective
tenant to make improvements to the mobile home, including all appurtenances owned by the
tenant, and to preserve or upgrade the quality of the mobile home park even if the
prospective tenant is purchasing a home already located in the mobile home park. The
improvements shall not exceed the requirements of the rules or regulations of the mobile
home park.

K. Notwithstanding subsections A, B and H of this section, the tenant may demand in
writing and the landlord shall offer a long-term initial or renewal rental agreement that
complies with all of the following:

1. The long-term initial or renewal rental agreement shall be in writing and shall
be for a term of four years. A long-term rental agreement may be for a term of less than
four years if the reason is to ensure conformity with a standard park anniversary date.

2. All rents and other fees due during the term of the long-term rental agreement
shall be clearly identified in the agreement.

3. The tenant has ten days from the date of receipt of the long-term rental
agreement to accept or reject the agreement. If an agreement is not signed and returned
to the landlord within the ten day period, the tenant is deemed to have rejected the
agreement. On rejection of the agreement, subsections A, B and H of this section apply.

L. The rental agreement may contain conditions regarding the removal of a mobile
home from the mobile home park and the restoration of a mobile home space by a tenant or
a tenant's successor in interest after removal of the mobile home. The conditions shall
not include any provisions regarding environmental liability or environmental
remediation, and any environmental liability or environmental remediation requirements
shall be governed as otherwise provided by law.