An agreement for the lease of mobile home space in a mobile home park may be terminated by mutual agreement or for any one or more of the following causes:
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Terms Used In Utah Code 57-16-5
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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
Month: means a calendar month, unless otherwise expressed. See 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)
failure of a resident to comply with a mobile home park rule:
(i)
relating to repair, maintenance, or construction of awnings, skirting, decks, or sheds for a period of 60 days after receipt by a resident of a written notice of noncompliance from the mobile home park under Subsection 57-16-4.1(1); or
(ii)
relating to any other park rule for a period of seven days after the latter to occur of settlement discussion expiration or receipt by the resident of a written notice of noncompliance from the mobile home park, except relating to maintenance of a resident’s yard and space, the mobile home park may elect not to proceed with the seven-day cure period and may provide the resident with written notice as provided in Subsection (2);
(b)
repeated failure of a resident to abide by a mobile home park rule, if the original written notice of noncompliance states that another violation of the same or a different rule might result in forfeiture without any further period of cure;
(c)
behavior by a resident or any other person who resides with a resident, or who is an invited guest or visitor of a resident, that threatens or substantially endangers the security, safety, well-being, or health of other persons in the park or threatens or damagesproperty in the park including:
(i)
use or distribution of illegal drugs;
(ii)
distribution of alcohol to minors; or
(iii)
commission of a crime against property or a person in the park;
(d)
nonpayment of rent, fees, or service charges for a period of five days after the due date;
(e)
a change in the land use or condemnation of the mobile home park or any part of it;
(f)
failure by a mobile home park resident to enter into a written lease with the mobile home park that is offered by the mobile home park; or
(g)
a prospective resident provides materially false information on the application for residency regarding the prospective resident’s criminal history.
(2)
If the mobile home park elects not to proceed with the seven-day cure period in Subsection (1)(a)(ii), a 15-day written notice of noncompliance shall:
(a)
state that if the resident does not perform the resident’s duties or obligations under the lease agreement or rules of the mobile home park within 15 days after receipt by the resident of the written notice of noncompliance, the mobile home park may enter onto the resident’s space and cure any default;
(b)
state the expected reasonable cost of curing the default;
(c)
require the resident to pay all costs incurred by the mobile home park to cure the default by the first day of the month following receipt of a billing statement from the mobile home park;
(d)
state that the payment required under Subsection (2)(b) shall be considered additional rent; and
(e)
state that the resident’s failure to make the payment required by Subsection (2)(b) in a timely manner shall be a default of the resident’s lease and shall subject the resident to all other remedies available to the mobile home park for a default, including remedies available for failure to pay rent.
(3)
Notwithstanding Subsection (1), a mobile home park may evict under 8, an individual who:
(a)
has not entered into a written agreement with the mobile home park; and
(b)
is residing in the mobile home park in violation of this chapter or a mobile home park rule.
