Abandonment of a mobile home space and a mobile home within a mobile home park is presumed in either of the following situations:
(1)
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Terms Used In Utah Code 57-16-13
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Mobile home: means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See Utah Code 57-16-3
Mobile home park: means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes. See Utah Code 57-16-3
Mobile home space: means a specific area of land within a mobile home park designed to accommodate one mobile home. See Utah Code 57-16-3
Personal property: All property that is not real property.
Rent: means charges paid for the privilege of occupying a mobile home space, and may include service charges and fees. See Utah Code 57-16-3
Resident: means an individual who leases or rents space in a mobile home park. See Utah Code 57-16-3
(a)
the resident or occupant of the mobile home has not notified the park that the resident or occupant will be absent from the mobile home space or mobile home, and the resident or occupant fails to pay rent within 45 days after the due date; and
(b)
the mobile home park owner has no reasonable evidence, other than the presence of the resident’s or occupant’s personal property, that the resident or occupant is continuing to occupy the mobile home space and the mobile home; or
(2)
(a)
the resident or occupant of the mobile home has not notified the park that the resident or occupant will be absent from the mobile home space where the mobile home is located, and the resident or occupant fails to pay rent when due; and
(b)
the resident’s or occupant’s personal property has been removed from the mobile home, and there is no reasonable evidence that the resident or occupant is occupying the mobile home space or mobile home.
