33-2105

33-2105. Terms and conditions of rental
agreement; notice, removal

A. At the request of either the landlord or the tenant, a signed, written rental
agreement shall be executed. 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:

1. Shall include:

(a) The amount of the rent. Rent is payable without demand or notice at the time
and place agreed on by the parties. Unless otherwise agreed, rent is uniformly
apportionable from day to day.

(b) The amount of any security deposit.

2. May provide that the landlord may charge a late fee of not more than five
dollars per day from the due date of the rent until the rent is paid if the rent is not
remitted by the sixth day after the due date.

B. If the landlord and tenant agree to the term of the rental agreement, the rental
agreement may be for any term. In the case of a renewal of a rental agreement, if the
landlord and tenant do not agree on the term, the agreement shall be for the same term as
the previous agreement but not longer than one year. 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 after 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 rental agreement may provide that if a dispute arises the prevailing party
may recover costs and reasonable attorney fees. In any action arising under this chapter,
the court may award the prevailing party costs and reasonable attorney fees even if the
rental agreement does not contain such a provision.

E. The landlord shall provide with the rental agreement a current copy of the rules
of the recreational vehicle park.

F. On 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 sixty
days before the expiration or renewal of any rental agreement of any such increase or
change.

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

H. A moving company or the tenant shall contact the landlord or manager at least
thirty days before a recreational vehicle is moved into or out of the park.

I. The resident shall inform the landlord or park manager at least thirty days
before the expiration of the rental agreement if the tenant is not renewing the rental
agreement and is vacating the space. If timely notice is not given before the tenant
moves from the space, the tenant shall pay rent equal to the amount of rent for the
notice period.

J. A tenant shall not remove a recreational vehicle from a recreational vehicle or
mobile home space unless the tenant has received from the landlord a clearance for
removal that shows that all monies, including rent and utilities, due the landlord as of
the date of removal have been paid or that the landlord and tenant have otherwise agreed
to the removal.

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