33-1476

33-1476. Termination or nonrenewal of rental
agreement by landlord; noncompliance with rental agreement by
tenant; failure to pay rent

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 circumstances concerning the reason or reasons for termination or
nonrenewal can be determined. Reference to or recital of the language of this chapter, or
both, is not sufficient compliance with this subsection.

B. The landlord may not terminate or refuse to renew a tenancy without good cause.
"Good cause" means:

1. Noncompliance with any provision of the rental agreement.

2. Nonpayment of rent.

3. Change in use of land.

4. Clear and convincing evidence that a tenant has repeatedly violated any
provision of this chapter and established a pattern of noncompliance with such
provisions.

C. The landlord's right to terminate or to refuse to renew a tenancy pursuant to
subsection B of this section does not arise until the landlord has complied with
subsection D, E or H of this section.

D. Except as otherwise prohibited by law:

1. If there is a material noncompliance by the tenant with the rental agreement,
the landlord shall deliver a written notice to the tenant specifying the acts and
omissions constituting the breach and that the rental agreement will terminate upon a
date not less than thirty days after receipt of the notice if the breach is not remedied
in fourteen days. If the tenant remedies the situation within the time specified in the
notice, the landlord shall issue a notice to the tenant releasing the tenant from the
termination of rental agreement notice.

2. If there is a noncompliance by the tenant with section 33-1451 materially
affecting health and safety, the landlord may deliver a written notice to the tenant
specifying the acts and omissions constituting the breach and that the rental agreement
will terminate upon a date not less than twenty days after receipt of the notice if the
breach is not remedied in ten days. However, if the breach is remediable by repair or the
payment of damages or otherwise, and the tenant adequately remedies the breach before the
date specified in the notice, the rental agreement will not terminate. If the tenant
remedies the situation within the time specified in the notice, the landlord shall issue
a notice to the tenant releasing the tenant from the termination of rental agreement
notice.

3. If there is a noncompliance that is both material and irreparable and that
occurs on the premises, including an illegal discharge of a weapon, homicide as
prescribed in sections 13-1102 through 13-1105, criminal street gang activity as
prescribed in section 13-105, activity as prohibited in section 13-2308, prostitution as
defined in section 13-3211, the unlawful manufacturing, selling, transferring,
possessing, using or storing of a controlled substance as defined in section 13-3451,
threatening or intimidating as prohibited in section 13-1202, infliction of serious
bodily harm, assault as prohibited in section 13-1203, criminal activity involving
serious property damage or acts that have been found to constitute a nuisance pursuant to
section 12-991, the landlord may deliver a written notice for immediate termination of
the rental agreement and proceed pursuant to section 33-1485.

4. If a tenant engages in repetitive conduct that is the subject of notices under
this subsection, after two incidents of the same type documented by the landlord within a
twelve month period or after receipt by the landlord of two written complaints from other
tenants about the repetitive conduct within a twelve month period, the landlord may
deliver a written notice to the tenant specifying the repetitive conduct and the
documentation and advising the tenant that on documentation of the next incident of the
same type final notice will be given and the rental agreement or tenancy will be
terminated thirty days after the date of the notice.

5. If a tenant has been involved in three or more documented incidents of conduct
of any type described in this section within a twelve month period, the landlord may
deliver a written notice to the tenant specifying the conduct and the documentation and
advising the tenant that on documentation of the next incident final notice will be given
and the rental agreement or tenancy will be terminated thirty days after the date of the
notice.

E. If rent is unpaid when due and the tenant fails to pay rent within seven days
after written notice by the landlord of nonpayment and the landlord's intention to
terminate the rental agreement if the rent is not paid within that period of time, the
landlord may terminate the rental agreement. Before judgment in an action brought by the
landlord under this subsection, the tenant may have the rental agreement reinstated by
tendering the past due but unpaid periodic rent, reasonable attorney's fees incurred by
the landlord and court costs, if any.

F. Except as provided in this chapter, the landlord may recover actual damages,
obtain injunctive relief or recover possession of the premises pursuant to an action in
forcible detainer for repeated noncompliance by the tenant with the rental agreement or
section 33-1451.

G. The remedy provided in subsection F of this section is in addition to any right
of the landlord arising under subsection D of this section.

H. If a change in use is intended for the land on which a mobile home park or a
portion of a mobile home park is located and the landlord intends eviction of a mobile
home tenant due to a change in use, the landlord shall notify all tenants in the park in
writing that:

1. The change in use may subsequently result in the termination of a rental
agreement.

2. The tenant being terminated due to the change in use will receive a one hundred
eighty day notice before the actual termination of the rental agreement.