33-2102

33-2102. Definitions

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. "Appurtenances" means awnings, sheds, porches and other attachments to the
recreational vehicle.

3. "Change in use" means a change in the use of land from the rental of
recreational vehicle spaces in a recreational vehicle park to some other use.

4. "Compatible" means a recreational vehicle that is in a similar condition as the
majority of the other recreational vehicles in the recreational vehicle park, as
determined by the maintenance, condition and overall appearance of the recreational
vehicle.

5. "Factory-built building" means a residential or nonresidential building,
including a dwelling unit or habitable room of the building, that is either wholly or in
substantial part manufactured at an off-site location to be assembled on site, except
that it does not include a manufactured home, recreational vehicle or mobile home as
defined in section 41-2142.

6. "Good faith" means honesty in fact in the conduct or transaction concerned.

7. "Guest" means a nonresident of a recreational vehicle park, over and above the
limit set for the resident's space under the terms of the rental agreement or by park
rules, who stays at the home of a person with constructive possession of the home with
the consent of the resident for one or more nights and not more than fourteen days in any
twelve month period.

8. "Landlord" means:

(a) The owner, lessor, sublessor or operator, or any combination of these persons,
of a recreational vehicle park.

(b) A manager of the premises.

9. "Mobile home" means either of the following:

(a) A residential structure that was manufactured on or before June 15, 1976, that
is transportable in one or more sections, eight feet or more in body width, over thirty
feet in body length with the hitch, built on an integral chassis, designed to be used as
a dwelling when connected to the required utilities and not originally sold as a travel
trailer or recreational vehicle and that includes the plumbing, heating, air conditioning
and electrical systems in the structure.

(b) A manufactured home built after June 15, 1976, originally bearing an
appropriate insignia of approval issued by the United States department of housing and
urban development.

10. "Mobile home park" means any parcel of land that contains four or more mobile
home spaces and two or more recreational vehicle spaces.

11. "Mobile home space" means a parcel of land for rent that has been designed to
accommodate a mobile home and provide the required sewer and utility connections.

12. "Notice" means delivery by hand or mailed by registered or certified mail to the
last known address of the landlord or tenant. If notice is mailed by registered or
certified mail, the landlord or tenant is deemed to have received the notice on the date
the notice is actually received or five days after the date the notice is mailed,
whichever occurs first.

13. "Organization" includes a corporation, government, governmental subdivision or
agency, business trust, estate, trust, partnership or association, two or more persons
having a joint or common interest and any other legal or commercial entity that is a
landlord, owner, manager or designated agent.

14. "Owner" means one or more persons, jointly or severally, in whom is vested all
or part of the legal title to property or all or part of the beneficial ownership and a
right to present use and enjoyment of the premises. Owner includes a mortgagee in
possession.

15. "Person" includes a company, partnership or firm as well as a natural person.

16. "Premises" means the recreational vehicle park and existing facilities and
appurtenances in the park, including furniture and utilities, if applicable, and grounds,
areas and existing facilities held out for the use of tenants generally or whose use is
promised to the tenant.

17. "Prospective tenant" means a person who expresses an interest to a landlord in
becoming a tenant.

18. "Recreational vehicle" means a vehicular type unit that is any of the following:

(a) A portable camping trailer mounted on wheels and constructed with collapsible
partial sidewalls that fold for towing by another vehicle and unfold for camping.

(b) A motor home designed to provide temporary living quarters for recreational,
camping or travel use and built on or permanently attached to a self-propelled motor
vehicle chassis or on a chassis cab or van that is an integral part of the completed
vehicle.

(c) A park trailer or park model built on a single chassis, mounted on wheels or
originally mounted on wheels and from which the wheels have been removed and designed to
be connected to utilities necessary for operation of installed fixtures and appliances
and has a gross trailer area of not less than three hundred twenty square feet and not
more than four hundred square feet when it is set up, except that it does not include
fifth wheel trailers.

(d) A travel trailer mounted on wheels, designed to provide temporary living
quarters for recreational, camping or travel use and of a size or weight that may or may
not require special highway movement permits when towed by a motorized vehicle and that
has a trailer area of less than three hundred twenty square feet. This subdivision
includes fifth wheel trailers. If a unit requires a size or weight permit, it shall be
manufactured to the standards for park trailers in section A 119.5 of the American
national standards institute code.

(e) A portable truck camper constructed to provide temporary living quarters for
recreational, camping or travel use and consisting of a roof, floor and sides designed to
be loaded onto and unloaded from the bed of a pickup truck.

19. "Recreational vehicle space" means a parcel of land for rent that has been
designed to accommodate a recreational vehicle and provide the required sewer and utility
connections.

20. "Rent" means payments to be made to the landlord or designated agent in full
consideration for the rented premises.

21. "Rental agreement" means oral or written leases or agreements and valid rules
embodying the terms and conditions concerning the use and occupancy of a recreational
vehicle space.

22. "Resident" means a person entitled under a rental agreement to occupy a
recreational vehicle space to the exclusion of others.

23. "Security deposit" means money or property given to assure payment or
performance under a rental agreement.

24. "Tenant" means a person signing a rental agreement or otherwise agreeing with a
landlord for the occupancy of a recreational vehicle space for more than one hundred
eighty days.

25. "Visitor" means a nonresident of a recreational vehicle park who stays at the
home of a resident with the consent of the resident but does not stay overnight.