(1)  If a mobile home park determines that a resident has failed to comply with a mobile home park rule, the mobile home park may not terminate the lease agreement or commence legal proceedings without first giving a written notice of noncompliance to the resident. The written notice of noncompliance shall:

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Terms Used In Utah Code 57-16-4.1

  • Fees: means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits. See Utah Code 57-16-3
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Service charges: means separate charges paid for the use of electrical and gas service improvements which exist at a mobile home space, or for trash removal, sewage and water, or any combination of the above. See Utah Code 57-16-3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a)  specify in detail each and every rule violation then claimed by the mobile home park; and

(b)  advise the resident of the resident’s rights under Subsection (2).

(2)  If the resident disputes the occurrences of noncompliance claimed by the mobile home park in the written notice of noncompliance, the resident has the right to require management of the mobile home park to participate in a meeting with the resident by giving to the mobile home park, within five days after receiving the written notice of noncompliance, a written notice disputing the occurrences of breach and requesting a meeting with management of the mobile home park to attempt to resolve the dispute. If the resident fails to give the mobile home park a written notice of dispute within the seven-day period, the resident’s right to request a meeting under this section is considered to be waived.

(3)  If the resident gives a timely written notice under Subsection (2), the resident and management of the mobile home park shall meet in person in a settlement discussion to attempt to resolve the dispute between the parties. The meeting shall take place within two days after the resident gives the written notice under Subsection (2), unless both parties agree to a later date.

(4)  Subsections (1), (2), and (3) do not apply to a rule violation arising from:

(a)  behavior described in Subsection 57-16-5(1)(c); or

(b)  nonpayment or rent, fees, or service charges.

Enacted by Chapter 255, 2002 General Session