(1) The terms and conditions of a tenancy must be adequately disclosed in writing in a rental agreement by the management to any prospective home owner prior to the rental or occupancy of a mobile home space or lot. Said disclosures shall include:
The term of the tenancy and the amount of rent therefor, subject to the requirementsof subsection (4) of this section;
The day rental payment is due and payable;
The day when unpaid rent shall be considered in default;
The rules and regulations of the park then in effect;
The name and mailing address where a manager's decision can be appealed;(f) All charges to the home owner other than rent.
Said rental agreement shall be signed by both the management and the home owner,and each party shall receive a copy thereof.
The management and the home owner may include in a rental agreement terms andconditions not prohibited by this part 2.
The terms of tenancy shall be specified in a written rental agreement subject to thefollowing conditions:
The standard rental agreement shall be for a month-to-month tenancy.
Upon written request by the home owner to the landlord, the landlord shall allow arental agreement for a fixed tenancy of not less than one year if the home owner is current on all rent payments and is not in violation of the terms of the then-current rental agreement; except that an initial rental agreement for a fixed tenancy may be for less than one year in order to ensure conformity with a standard anniversary date. A landlord shall not evict or otherwise penalize a home owner for requesting a rental agreement for a fixed period.
A landlord may, in the landlord's discretion, allow a lease for a fixed period of longerthan one year. In such circumstances, the requirements of paragraphs (a) and (b) of this subsection (4) shall not apply.
(5) A rental agreement may not include any provision:
By which a home owner waives any rights created by this part 2 or part 11 of thisarticle 12;
That requires a home owner to agree to a possessory lien;
That binds a home owner to arbitration in lieu of a civil trial; or
That authorizes a third person to confess judgment on a claim that arises from therental agreement, this part 2, or part 11 of this article 12.
Any provision of a rental agreement that is prohibited by subsection (1) of this section is against public policy, unenforceable, and void.
Source: L. 81: Entire section added, p. 1815, § 9, effective June 9. L. 87: IP(1), (1)(f),
(2), and (3) amended, p. 1314, § 12, effective May 8. L. 2005: (1)(a) amended and (4) added, p. 109, § 2, effective August 8. L. 2020: (5) and (6) added, (HB 20-1196), ch. 195, p. 924, § 12, effective June 30.