58-25,111.Duties of landlord.(a) Except as provided in subsections (c) and (d), when prevented by an actof God,the failure of public utilityservices or other conditions beyond the landlord's control, the landlord shall:
(1) Comply with the requirements of all applicable city, county and statecodes materially affecting health and safety which are primarily imposed uponthe landlord. If the duty imposed by this paragraph is greater than any dutyimposed by any other paragraph of this subsection, the landlord's duty shall bedetermined in accordance with the provisions of this paragraph.
(2) Make all repairs and do whatever is necessary to put and keep themobile home space in a fit and habitable condition.
(3) Keep all common areas of the mobile home park in a clean and safecondition.
(4) Maintain in good and safe working order and condition all facilitiessupplied or required to be supplied by the landlord.
(5) Provide for removal of garbage, rubbish, and other waste from the mobilehome park.
(6) Furnish outlets for electric, water and sewer services and provide tosuch outlets an adequate, safe and sanitary supply of such services.
(b) A landlord shall not impose any conditions of rental or occupancywhich restrict the tenant in the choice of a seller of fuel, furnishings,goods, services or mobile homes connected with the rental or occupancy of amobile home space unless such condition is reasonably necessary to protect thehealth, safety or welfare of mobile home tenants in the park. The landlord mayimpose reasonable requirements designed to standardize methods of utilityconnection and hookup. If any such conditions are imposed which result incharges for such goods or services, the charges shall not exceed the actualcost incurred in providing the tenant with such goods or services.
(c) The landlord and tenant may agree inwriting that the tenant is to perform thelandlord's duties specified in subsection (a)(5) and (6)and also specified repairs, maintenance tasks, alterations orremodeling, but only if the transaction is entered into in good faith andnot for the purpose of evading the obligations of the landlord.
(d) The landlord and tenantmay agree that the tenant is to perform specifiedrepairs, maintenance tasks, alterations or remodeling only if:
(1) The agreement of the parties is entered into in good faith, and notto evade the obligations of the landlord, and is setforth in a separate written agreement signed by the parties and supported byadequateconsideration;
(2) the work is not necessary to cure noncompliance with subsection(a)(1); and
(3) the agreement does not diminish or affect the obligation of thelandlord to other tenants.
History: L. 1992, ch. 306, § 13;L. 1993, ch. 128, § 2; July 1.
58-25,111.Duties of landlord.(a) Except as provided in subsections (c) and (d), when prevented by an actof God,the failure of public utilityservices or other conditions beyond the landlord's control, the landlord shall:
(1) Comply with the requirements of all applicable city, county and statecodes materially affecting health and safety which are primarily imposed uponthe landlord. If the duty imposed by this paragraph is greater than any dutyimposed by any other paragraph of this subsection, the landlord's duty shall bedetermined in accordance with the provisions of this paragraph.
(2) Make all repairs and do whatever is necessary to put and keep themobile home space in a fit and habitable condition.
(3) Keep all common areas of the mobile home park in a clean and safecondition.
(4) Maintain in good and safe working order and condition all facilitiessupplied or required to be supplied by the landlord.
(5) Provide for removal of garbage, rubbish, and other waste from the mobilehome park.
(6) Furnish outlets for electric, water and sewer services and provide tosuch outlets an adequate, safe and sanitary supply of such services.
(b) A landlord shall not impose any conditions of rental or occupancywhich restrict the tenant in the choice of a seller of fuel, furnishings,goods, services or mobile homes connected with the rental or occupancy of amobile home space unless such condition is reasonably necessary to protect thehealth, safety or welfare of mobile home tenants in the park. The landlord mayimpose reasonable requirements designed to standardize methods of utilityconnection and hookup. If any such conditions are imposed which result incharges for such goods or services, the charges shall not exceed the actualcost incurred in providing the tenant with such goods or services.
(c) The landlord and tenant may agree inwriting that the tenant is to perform thelandlord's duties specified in subsection (a)(5) and (6)and also specified repairs, maintenance tasks, alterations orremodeling, but only if the transaction is entered into in good faith andnot for the purpose of evading the obligations of the landlord.
(d) The landlord and tenantmay agree that the tenant is to perform specifiedrepairs, maintenance tasks, alterations or remodeling only if:
(1) The agreement of the parties is entered into in good faith, and notto evade the obligations of the landlord, and is setforth in a separate written agreement signed by the parties and supported byadequateconsideration;
(2) the work is not necessary to cure noncompliance with subsection(a)(1); and
(3) the agreement does not diminish or affect the obligation of thelandlord to other tenants.
History: L. 1992, ch. 306, § 13;L. 1993, ch. 128, § 2; July 1.
58-25,111.Duties of landlord.(a) Except as provided in subsections (c) and (d), when prevented by an actof God,the failure of public utilityservices or other conditions beyond the landlord's control, the landlord shall:
(1) Comply with the requirements of all applicable city, county and statecodes materially affecting health and safety which are primarily imposed uponthe landlord. If the duty imposed by this paragraph is greater than any dutyimposed by any other paragraph of this subsection, the landlord's duty shall bedetermined in accordance with the provisions of this paragraph.
(2) Make all repairs and do whatever is necessary to put and keep themobile home space in a fit and habitable condition.
(3) Keep all common areas of the mobile home park in a clean and safecondition.
(4) Maintain in good and safe working order and condition all facilitiessupplied or required to be supplied by the landlord.
(5) Provide for removal of garbage, rubbish, and other waste from the mobilehome park.
(6) Furnish outlets for electric, water and sewer services and provide tosuch outlets an adequate, safe and sanitary supply of such services.
(b) A landlord shall not impose any conditions of rental or occupancywhich restrict the tenant in the choice of a seller of fuel, furnishings,goods, services or mobile homes connected with the rental or occupancy of amobile home space unless such condition is reasonably necessary to protect thehealth, safety or welfare of mobile home tenants in the park. The landlord mayimpose reasonable requirements designed to standardize methods of utilityconnection and hookup. If any such conditions are imposed which result incharges for such goods or services, the charges shall not exceed the actualcost incurred in providing the tenant with such goods or services.
(c) The landlord and tenant may agree inwriting that the tenant is to perform thelandlord's duties specified in subsection (a)(5) and (6)and also specified repairs, maintenance tasks, alterations orremodeling, but only if the transaction is entered into in good faith andnot for the purpose of evading the obligations of the landlord.
(d) The landlord and tenantmay agree that the tenant is to perform specifiedrepairs, maintenance tasks, alterations or remodeling only if:
(1) The agreement of the parties is entered into in good faith, and notto evade the obligations of the landlord, and is setforth in a separate written agreement signed by the parties and supported byadequateconsideration;
(2) the work is not necessary to cure noncompliance with subsection(a)(1); and
(3) the agreement does not diminish or affect the obligation of thelandlord to other tenants.
History: L. 1992, ch. 306, § 13;L. 1993, ch. 128, § 2; July 1.
