Vermont Statutes Title 10 Sec. 6263
Terms Used In Vermont Statutes Title 10 Sec. 6263
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Leaseholder: means a resident lawfully occupying a mobile home owned by the park owner or the owner of a mobile home sited on a mobile home lot in a mobile home park regardless of whether the leaseholder has actual possession of a written lease. See
- Lot rent: means a charge assessed on a mobile home park resident for the occupancy of a mobile home lot, but does not include charges permitted under section 6238 of this title. See
- Mobile home: means :
- Mobile home park: means any parcel of land under single or common ownership or control that contains, or is designed, laid out, or adapted to accommodate, more than two mobile homes. See
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- park owner: means the owners, operators, officers, or managing agents of a mobile home park as well as any person acting through any corporate or other device who has the practical authority to establish rules, policies, or other requirements for the operation of the mobile home park. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- premises: means a mobile home lot and any part of a mobile home park. See
- road: shall include bridges thereon and their approaches. See
§ 6263. Habitability; leaseholder remedies
(a)(1) If the mobile home park owner fails to comply with the obligation of habitability, the park owner shall be deemed to have notice of the noncompliance if the park owner receives actual notice of the noncompliance from the leaseholder, a governmental entity, or a qualified independent inspector.
(2) If the park owner has received notice from any of those sources and fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the leaseholder may pursue any of the following remedies:
(A) withhold payment of lot rent during the period of the noncompliance;
(B) obtain injunctive relief;
(C) recover damages, costs, and reasonable attorney’s fees; or
(D) terminate the rental agreement on reasonable notice.
(b)(1) For purposes of subdivision (a)(2) of this section, a mobile home park owner’s failure to maintain the roads within a mobile home park in a condition that reasonably ensures access by emergency vehicles shall be deemed noncompliance that materially affects health and safety.
(2) This subsection does not require a mobile home park owner to create a new road or other improvement, or to modify an existing road or other improvement, within an existing mobile home park.
(c) The remedies under this section are not available to a leaseholder if the noncompliance was caused by the negligent or deliberate act or omission of the leaseholder or of a person on the premises with the leaseholder’s consent. (Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 73; 2015, No. 8, § 2.)