§ 31-44-7 Lease. – All terms and conditions of the occupancy must be fully disclosed in a writtenlease by the mobile and manufactured home park owner to any prospective mobileand manufactured home park resident at a reasonable time prior to the rental oroccupancy of a mobile and manufactured home space or lot. The disclosures shallinclude, but shall not be limited to, the following:
(1) The licensee shall agree at all times during the tenancyto:
(i) Maintain the premises when necessary to prevent theaccumulation of stagnant water;
(ii) Keep each mobile and manufactured home space or lotmarked in such a way that each resident will be certain of his or her area ofresponsibility;
(iii) Keep any exterior area of the mobile and manufacturedhome park within his or her control, not the responsibility of each resident,free from any species of weed or plant growth which are noxious or detrimentalto the health of the residents;
(iv) Be responsible for the extermination of any insect,rodent, vermin, or other pest dangerous to the health of the residents wheneverinfestation exists in the area of the mobile and manufactured home park not theresponsibility of the resident or in the area for which the resident isresponsible including the mobile and manufactured home if the infestation isnot the fault of the resident and particularly if the infestation existed priorto the occupancy of the resident claiming relief;
(v) Maintain all mobile and manufactured homes rented by theowner in a condition which is structurally sound and capable of withstandingadverse effects of weather conditions;
(vi) Maintain all electrical, plumbing, gas, or otherutilities provided by the licensee in good working condition. In the event ofany repairs or construction to any utility in any mobile and manufactured homepark, written notice shall be given twenty-four (24) hours prior to the repairsor construction to each tenant of the mobile and manufactured home park, exceptin cases of emergencies, after which any repair shall be completed withinseventy-two (72) hours unless good cause is shown as to why the action orrepair has not been completed. No utility shall be discontinued during therepairs or construction for more than three (3) consecutive hours unless theplans have been reviewed by the city or town engineer;
(vii) Maintain all utilities provided to mobile andmanufactured homes within the park up to and including the connection to theindividual mobile/manufactured home, and all water and sewage lines andconnections in good working order, and in the event of any emergency, makenecessary arrangements if possible for the provisions of the service on atemporary basis; and there shall be no additional charge for the use of waterbecause a resident has children;
(viii) If the park operator fails to comply with paragraph(vi) or (vii) of this subdivision, the resident may notify the park operator ofthe resident's intention to correct the condition at the park operator'sexpense. After being notified by the resident in writing, if the park operatorfails to comply within fourteen (14) days or more promptly as conditionsreasonably require in case of emergency, the resident may cause the work to bedone by a contractor and, after submitting to the park operator an itemizedstatement, deduct from the resident's rent the actual and reasonable cost ofthe work.
(ix) Respect the privacy of the resident and if only themobile and manufactured home space or lot is rented, agree to enter the mobileand manufactured home only with the permission of the owner only after noticeto the resident;
(x) Allow all residents freedom of choice in the purchase ofall services, pursuant to § 31-44-3 "rules and regulations";
(xi) Allow a resident to terminate a rental agreementwhenever a change in the location of the resident's employment requires achange in the location of his or her residence if the resident gives thirty(30) days notice; provided, that a resident who is a member of the armed forcesof the United States may terminate his or her rental agreement with less thanthirty (30) days if he or she receives reassignment orders which do not allowprior notification;
(xii) Maintain any road in the mobile and manufactured homepark within the licensee's control in good condition, provide adequate spacefor parking of one car for each lot and be responsible for damage to anyvehicle, excluding damages from speed bumps, which is the direct result of anyunrepaired or poorly maintained access road within the park and that is withinthe licensee's control;
(xiii) Make reasonable rules for guest parking which shall beclearly stated in the rules of the park;
(xiv) Provide a written lease having a term of not less thanone year unless the resident requests, in writing, a term for less than oneyear, or unless a resident in writing states that he or she does not desire awritten lease; provided, nothing in this section shall prevent prospectiveresidents from assuming from the current resident the balance of leasehold ifsame shall have a period of less than one year; provided further the notice ofany rental increase shall be provided to the prospective resident in the eventthat less than sixty (60) days of the leasehold is remaining on the assumedportion of the lease.
(2) The resident shall agree at all times during the tenancyto:
(i) Keep the unit and his or her area of responsibility asmarked by the owner in a clean and sanitary condition, free of garbage andrubbish;
(ii) Keep the supplied, basic facilities including anyplumbing fixture, cooking and refrigeration equipment, and electrical fixturesin a rented mobile and manufactured home unit in a clean and sanitary conditionand exercise reasonable care in their proper use and operation;
(iii) Observe all reasonable rules and regulations of thelicensee concerning the use, occupation, and maintenance of the premises,provided the rules and regulations comply with the provisions of § 31-44-3;
(3) Any action on the part of the resident which may begrounds for eviction from the mobile and manufactured home park or terminationof the rental agreement shall be clearly stated in it.
(4) The terms for the payment of rent shall be clearly setforth and any charges for services, mobile and manufactured home space or lotrent, unit rent, or any other charge shall be specifically itemized in therental agreement and in any billing to the resident by the owner. The totalrent for the term of the rental agreement shall be stated in it.
(5) The right of the mobile and manufactured home park ownerto designate himself or herself as the sole and exclusive agent for the sale ofany mobile and manufactured home pursuant to § 31-44-4 "sale of mobile andmanufactured homes" of this chapter shall be clearly stated in the rentalagreement.
(6) The lease prescribed by this chapter shall not containthe following:
(i) Any provision allowing less than a seven (7) day graceperiod in which to pay rent without the assessment of a late charge;
(ii) Any provision allowing the licensee to assess a latecharge in excess of five percent (5%) of the monthly rent due;
(iii) Any provision which allows the owner to increase thetotal rent or change the payment arrangements during the term of the rentalagreement; provided that prorated increases for increased taxes only may beadded if stated in the original lease;
(iv) Any provision allowing the owner to charge an entrancefee to a resident assuming occupancy, except as provided in this section;
(v) Any provision which denies to the resident the right totreat as a breach of the agreement, a continuing violation by the owner,substantial in nature, of any provisions set forth in the lease or of any statestatute unless the owner discontinues the violation within a reasonable timeafter written notice is given by the resident by registered or certified mail;
(vi) Any provision waiving the restrictions of §31-44-7.1;
(7) Except as provided in this section, the lease shall besigned by both the mobile and manufactured home park licensee and the mobileand manufactured home park resident and shall contain the notice set forth in§ 31-44-8, printed verbatim in a clear and conspicuous manner.
(8) It shall be the obligation of the licensee to abide byall the terms and conditions set forth in this section notwithstanding theexecution of written lease of any resident.
§ 31-44-7 Lease. – All terms and conditions of the occupancy must be fully disclosed in a writtenlease by the mobile and manufactured home park owner to any prospective mobileand manufactured home park resident at a reasonable time prior to the rental oroccupancy of a mobile and manufactured home space or lot. The disclosures shallinclude, but shall not be limited to, the following:
(1) The licensee shall agree at all times during the tenancyto:
(i) Maintain the premises when necessary to prevent theaccumulation of stagnant water;
(ii) Keep each mobile and manufactured home space or lotmarked in such a way that each resident will be certain of his or her area ofresponsibility;
(iii) Keep any exterior area of the mobile and manufacturedhome park within his or her control, not the responsibility of each resident,free from any species of weed or plant growth which are noxious or detrimentalto the health of the residents;
(iv) Be responsible for the extermination of any insect,rodent, vermin, or other pest dangerous to the health of the residents wheneverinfestation exists in the area of the mobile and manufactured home park not theresponsibility of the resident or in the area for which the resident isresponsible including the mobile and manufactured home if the infestation isnot the fault of the resident and particularly if the infestation existed priorto the occupancy of the resident claiming relief;
(v) Maintain all mobile and manufactured homes rented by theowner in a condition which is structurally sound and capable of withstandingadverse effects of weather conditions;
(vi) Maintain all electrical, plumbing, gas, or otherutilities provided by the licensee in good working condition. In the event ofany repairs or construction to any utility in any mobile and manufactured homepark, written notice shall be given twenty-four (24) hours prior to the repairsor construction to each tenant of the mobile and manufactured home park, exceptin cases of emergencies, after which any repair shall be completed withinseventy-two (72) hours unless good cause is shown as to why the action orrepair has not been completed. No utility shall be discontinued during therepairs or construction for more than three (3) consecutive hours unless theplans have been reviewed by the city or town engineer;
(vii) Maintain all utilities provided to mobile andmanufactured homes within the park up to and including the connection to theindividual mobile/manufactured home, and all water and sewage lines andconnections in good working order, and in the event of any emergency, makenecessary arrangements if possible for the provisions of the service on atemporary basis; and there shall be no additional charge for the use of waterbecause a resident has children;
(viii) If the park operator fails to comply with paragraph(vi) or (vii) of this subdivision, the resident may notify the park operator ofthe resident's intention to correct the condition at the park operator'sexpense. After being notified by the resident in writing, if the park operatorfails to comply within fourteen (14) days or more promptly as conditionsreasonably require in case of emergency, the resident may cause the work to bedone by a contractor and, after submitting to the park operator an itemizedstatement, deduct from the resident's rent the actual and reasonable cost ofthe work.
(ix) Respect the privacy of the resident and if only themobile and manufactured home space or lot is rented, agree to enter the mobileand manufactured home only with the permission of the owner only after noticeto the resident;
(x) Allow all residents freedom of choice in the purchase ofall services, pursuant to § 31-44-3 "rules and regulations";
(xi) Allow a resident to terminate a rental agreementwhenever a change in the location of the resident's employment requires achange in the location of his or her residence if the resident gives thirty(30) days notice; provided, that a resident who is a member of the armed forcesof the United States may terminate his or her rental agreement with less thanthirty (30) days if he or she receives reassignment orders which do not allowprior notification;
(xii) Maintain any road in the mobile and manufactured homepark within the licensee's control in good condition, provide adequate spacefor parking of one car for each lot and be responsible for damage to anyvehicle, excluding damages from speed bumps, which is the direct result of anyunrepaired or poorly maintained access road within the park and that is withinthe licensee's control;
(xiii) Make reasonable rules for guest parking which shall beclearly stated in the rules of the park;
(xiv) Provide a written lease having a term of not less thanone year unless the resident requests, in writing, a term for less than oneyear, or unless a resident in writing states that he or she does not desire awritten lease; provided, nothing in this section shall prevent prospectiveresidents from assuming from the current resident the balance of leasehold ifsame shall have a period of less than one year; provided further the notice ofany rental increase shall be provided to the prospective resident in the eventthat less than sixty (60) days of the leasehold is remaining on the assumedportion of the lease.
(2) The resident shall agree at all times during the tenancyto:
(i) Keep the unit and his or her area of responsibility asmarked by the owner in a clean and sanitary condition, free of garbage andrubbish;
(ii) Keep the supplied, basic facilities including anyplumbing fixture, cooking and refrigeration equipment, and electrical fixturesin a rented mobile and manufactured home unit in a clean and sanitary conditionand exercise reasonable care in their proper use and operation;
(iii) Observe all reasonable rules and regulations of thelicensee concerning the use, occupation, and maintenance of the premises,provided the rules and regulations comply with the provisions of § 31-44-3;
(3) Any action on the part of the resident which may begrounds for eviction from the mobile and manufactured home park or terminationof the rental agreement shall be clearly stated in it.
(4) The terms for the payment of rent shall be clearly setforth and any charges for services, mobile and manufactured home space or lotrent, unit rent, or any other charge shall be specifically itemized in therental agreement and in any billing to the resident by the owner. The totalrent for the term of the rental agreement shall be stated in it.
(5) The right of the mobile and manufactured home park ownerto designate himself or herself as the sole and exclusive agent for the sale ofany mobile and manufactured home pursuant to § 31-44-4 "sale of mobile andmanufactured homes" of this chapter shall be clearly stated in the rentalagreement.
(6) The lease prescribed by this chapter shall not containthe following:
(i) Any provision allowing less than a seven (7) day graceperiod in which to pay rent without the assessment of a late charge;
(ii) Any provision allowing the licensee to assess a latecharge in excess of five percent (5%) of the monthly rent due;
(iii) Any provision which allows the owner to increase thetotal rent or change the payment arrangements during the term of the rentalagreement; provided that prorated increases for increased taxes only may beadded if stated in the original lease;
(iv) Any provision allowing the owner to charge an entrancefee to a resident assuming occupancy, except as provided in this section;
(v) Any provision which denies to the resident the right totreat as a breach of the agreement, a continuing violation by the owner,substantial in nature, of any provisions set forth in the lease or of any statestatute unless the owner discontinues the violation within a reasonable timeafter written notice is given by the resident by registered or certified mail;
(vi) Any provision waiving the restrictions of §31-44-7.1;
(7) Except as provided in this section, the lease shall besigned by both the mobile and manufactured home park licensee and the mobileand manufactured home park resident and shall contain the notice set forth in§ 31-44-8, printed verbatim in a clear and conspicuous manner.
(8) It shall be the obligation of the licensee to abide byall the terms and conditions set forth in this section notwithstanding theexecution of written lease of any resident.
§ 31-44-7 Lease. – All terms and conditions of the occupancy must be fully disclosed in a writtenlease by the mobile and manufactured home park owner to any prospective mobileand manufactured home park resident at a reasonable time prior to the rental oroccupancy of a mobile and manufactured home space or lot. The disclosures shallinclude, but shall not be limited to, the following:
(1) The licensee shall agree at all times during the tenancyto:
(i) Maintain the premises when necessary to prevent theaccumulation of stagnant water;
(ii) Keep each mobile and manufactured home space or lotmarked in such a way that each resident will be certain of his or her area ofresponsibility;
(iii) Keep any exterior area of the mobile and manufacturedhome park within his or her control, not the responsibility of each resident,free from any species of weed or plant growth which are noxious or detrimentalto the health of the residents;
(iv) Be responsible for the extermination of any insect,rodent, vermin, or other pest dangerous to the health of the residents wheneverinfestation exists in the area of the mobile and manufactured home park not theresponsibility of the resident or in the area for which the resident isresponsible including the mobile and manufactured home if the infestation isnot the fault of the resident and particularly if the infestation existed priorto the occupancy of the resident claiming relief;
(v) Maintain all mobile and manufactured homes rented by theowner in a condition which is structurally sound and capable of withstandingadverse effects of weather conditions;
(vi) Maintain all electrical, plumbing, gas, or otherutilities provided by the licensee in good working condition. In the event ofany repairs or construction to any utility in any mobile and manufactured homepark, written notice shall be given twenty-four (24) hours prior to the repairsor construction to each tenant of the mobile and manufactured home park, exceptin cases of emergencies, after which any repair shall be completed withinseventy-two (72) hours unless good cause is shown as to why the action orrepair has not been completed. No utility shall be discontinued during therepairs or construction for more than three (3) consecutive hours unless theplans have been reviewed by the city or town engineer;
(vii) Maintain all utilities provided to mobile andmanufactured homes within the park up to and including the connection to theindividual mobile/manufactured home, and all water and sewage lines andconnections in good working order, and in the event of any emergency, makenecessary arrangements if possible for the provisions of the service on atemporary basis; and there shall be no additional charge for the use of waterbecause a resident has children;
(viii) If the park operator fails to comply with paragraph(vi) or (vii) of this subdivision, the resident may notify the park operator ofthe resident's intention to correct the condition at the park operator'sexpense. After being notified by the resident in writing, if the park operatorfails to comply within fourteen (14) days or more promptly as conditionsreasonably require in case of emergency, the resident may cause the work to bedone by a contractor and, after submitting to the park operator an itemizedstatement, deduct from the resident's rent the actual and reasonable cost ofthe work.
(ix) Respect the privacy of the resident and if only themobile and manufactured home space or lot is rented, agree to enter the mobileand manufactured home only with the permission of the owner only after noticeto the resident;
(x) Allow all residents freedom of choice in the purchase ofall services, pursuant to § 31-44-3 "rules and regulations";
(xi) Allow a resident to terminate a rental agreementwhenever a change in the location of the resident's employment requires achange in the location of his or her residence if the resident gives thirty(30) days notice; provided, that a resident who is a member of the armed forcesof the United States may terminate his or her rental agreement with less thanthirty (30) days if he or she receives reassignment orders which do not allowprior notification;
(xii) Maintain any road in the mobile and manufactured homepark within the licensee's control in good condition, provide adequate spacefor parking of one car for each lot and be responsible for damage to anyvehicle, excluding damages from speed bumps, which is the direct result of anyunrepaired or poorly maintained access road within the park and that is withinthe licensee's control;
(xiii) Make reasonable rules for guest parking which shall beclearly stated in the rules of the park;
(xiv) Provide a written lease having a term of not less thanone year unless the resident requests, in writing, a term for less than oneyear, or unless a resident in writing states that he or she does not desire awritten lease; provided, nothing in this section shall prevent prospectiveresidents from assuming from the current resident the balance of leasehold ifsame shall have a period of less than one year; provided further the notice ofany rental increase shall be provided to the prospective resident in the eventthat less than sixty (60) days of the leasehold is remaining on the assumedportion of the lease.
(2) The resident shall agree at all times during the tenancyto:
(i) Keep the unit and his or her area of responsibility asmarked by the owner in a clean and sanitary condition, free of garbage andrubbish;
(ii) Keep the supplied, basic facilities including anyplumbing fixture, cooking and refrigeration equipment, and electrical fixturesin a rented mobile and manufactured home unit in a clean and sanitary conditionand exercise reasonable care in their proper use and operation;
(iii) Observe all reasonable rules and regulations of thelicensee concerning the use, occupation, and maintenance of the premises,provided the rules and regulations comply with the provisions of § 31-44-3;
(3) Any action on the part of the resident which may begrounds for eviction from the mobile and manufactured home park or terminationof the rental agreement shall be clearly stated in it.
(4) The terms for the payment of rent shall be clearly setforth and any charges for services, mobile and manufactured home space or lotrent, unit rent, or any other charge shall be specifically itemized in therental agreement and in any billing to the resident by the owner. The totalrent for the term of the rental agreement shall be stated in it.
(5) The right of the mobile and manufactured home park ownerto designate himself or herself as the sole and exclusive agent for the sale ofany mobile and manufactured home pursuant to § 31-44-4 "sale of mobile andmanufactured homes" of this chapter shall be clearly stated in the rentalagreement.
(6) The lease prescribed by this chapter shall not containthe following:
(i) Any provision allowing less than a seven (7) day graceperiod in which to pay rent without the assessment of a late charge;
(ii) Any provision allowing the licensee to assess a latecharge in excess of five percent (5%) of the monthly rent due;
(iii) Any provision which allows the owner to increase thetotal rent or change the payment arrangements during the term of the rentalagreement; provided that prorated increases for increased taxes only may beadded if stated in the original lease;
(iv) Any provision allowing the owner to charge an entrancefee to a resident assuming occupancy, except as provided in this section;
(v) Any provision which denies to the resident the right totreat as a breach of the agreement, a continuing violation by the owner,substantial in nature, of any provisions set forth in the lease or of any statestatute unless the owner discontinues the violation within a reasonable timeafter written notice is given by the resident by registered or certified mail;
(vi) Any provision waiving the restrictions of §31-44-7.1;
(7) Except as provided in this section, the lease shall besigned by both the mobile and manufactured home park licensee and the mobileand manufactured home park resident and shall contain the notice set forth in§ 31-44-8, printed verbatim in a clear and conspicuous manner.
(8) It shall be the obligation of the licensee to abide byall the terms and conditions set forth in this section notwithstanding theexecution of written lease of any resident.
