<section article="grp" article_name="Real Property" number="8A-101" title_number="8A" title_name="Mobile Home Parks" subtitle_number="1" subtitle_name="Definitions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Gratuity” includes donation, bonus, fee, or gift.</text> </level> <level label="c"> <level label="1"> <text>“Mobile home” means a structure:</text> <level label="i"> <text>Transportable in one or more sections;</text> </level> <level label="ii"> <text>8 or more body feet in width and 30 or more body feet in length;</text> </level> <level label="iii"> <text>Built on a permanent chassis; and</text> </level> <level label="iv"> <text>Designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities.</text> </level> </level> <level label="2"> <text>“Mobile home” includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.</text> </level> </level> <level label="d"> <text>“Park” means any property leased or held out for lease to two or more residents or prospective residents.</text> </level> <level label="e"> <text>“Park fee” means any fee, charge, or assessment charged for the use of the park or for services rendered.</text> </level> <level label="f"> <text>“Park owner” means any person who has interest in the park and includes any person acting as the agent of a park owner as to the managerial or operations acts taken as the agent of the owner.</text> </level> <level label="g"> <text>“Premises” means any:</text> <level label="1"> <text>Lot, plot, site, or parcel in the park; or</text> </level> <level label="2"> <text>Building, structure, or mobile home in the park.</text> </level> </level> <level label="h"> <text>“Rent” means any money or other consideration given for the right of use, possession, and occupancy of the premises.</text> </level> <level label="i"> <text>“Rental agreement” means any written understanding between a resident and park owner whereby the resident is entitled to place his mobile home on a site in the park for payment of consideration to the park owner.</text> </level> <level label="j"> <level label="1"> <text>“Resident” means a mobile home owner who leases or rents a site for residential use and resides in a mobile home park.</text> </level> <level label="2"> <text>“Resident” includes a person who maintains a permanent residence with the mobile home owner, and who obtains title to the mobile home after the death of the owner under the terms of a will or by operation of law.</text> </level> </level> <level label="k"> <text>“Rule” means any rule established by the owner.</text> </level> <level label="l"> <text>“Security deposit” means any payment of money, including payment of last month’s rent in advance of the time it is due, given to a park owner by a resident in order to protect the park owner against nonpayment of rent or damage to the leased premises.</text> </level> <level label="m"> <text>“Utility service” means any service available to the premises from a private or public central source. Such services may include sewer, water, electricity, telephone, gas, oil, and cable television.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-201" title_number="8A" title_name="Mobile Home Parks" subtitle_number="2" subtitle_name="Rental Agreement, Written Rental Agreement, Disclosures to Current and Prospective Residents"> <level label="a"> <text>Before a current or prospective resident signs a rental agreement or occupies the premises, a park owner shall:</text> <level label="1"> <text>Provide the prospective resident with a written notice identifying the availability, capacity, and connection fee of all utility services at the proposed site in order to assure the proper and adequate installation of the mobile home. The prospective resident shall furnish to the park owner a written acknowledgment of this notification and acceptance of the site as proposed.</text> </level> <level label="2"> <text>Deliver a copy of the rules and an explanation of any provision for amendment of the rule.</text> </level> <level label="3"> <text>Deliver a copy of the rental agreement which shall contain the following:</text> <level label="i"> <text>A specific identification of the site to be leased;</text> </level> <level label="ii"> <text>A term of tenancy of at least 1 year;</text> </level> <level label="iii"> <text>A stipulation of:</text> <level label="1"> <text>The total amount of annual rental for the site;</text> </level> <level label="2"> <text>The term of payment, whether monthly, quarterly, semiannually, or annually;</text> </level> <level label="3"> <text>The amount due for each installment;</text> </level> <level label="4"> <text>The amount of any late payment fee; and</text> </level> <level label="5"> <text>All park fees, in a manner that identifies the service to be provided for each park fee;</text> </level> </level> <level label="iv"> <text>A description of each general obligation of the resident and park owner;</text> </level> <level label="v"> <text>A description of each service, facility, and utility service that the park owner will provide;</text> </level> <level label="vi"> <text>A description of any termination and renewal option;</text> </level> <level label="vii"> <text>The text of § 8A–202(c) of this subtitle, which defines “qualified resident”; and</text> </level> <level label="viii"> <text>A specific reference to this title as the law that governs the relationships between the resident and park owner.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>A rental agreement may not require an annual payment of rent for a site.</text> </level> <level label="2"> <text>A prospective resident may request and a park owner may agree that the resident make an annual payment of rent for the site.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-202" title_number="8A" title_name="Mobile Home Parks" subtitle_number="2" subtitle_name="Rental Agreement, Written Rental Agreement, Disclosures to Current and Prospective Residents"> <level label="a"> <text>A park owner shall offer all current and prospective year–round residents a rental agreement for a period of not less than 1 year.</text> </level> <level label="b"> <text>Upon the expiration of the initial term, the resident shall be on a month–to–month term, unless a longer term is agreed to by the parties, subject to the modified provisions relating to the amount and payment of rent.</text> </level> <level label="c"> <level label="1"> <text>In this subsection, “qualified resident” means a year–round resident who:</text> <level label="i"> <text>Has made rental payments on the due date or within any grace period commonly permitted in the park during the preceding year;</text> </level> <level label="ii"> <text>Within the preceding 6–month period has not committed a repeated violation of any rule or provision of the rental agreement and, at the time the term expires, no substantial violation exists; and</text> </level> <level label="iii"> <text>Owns a mobile home that meets the standards of the park.</text> </level> </level> <level label="2"> <level label="i"> <text>Before the expiration of a 1–year term, or upon request of the resident at any time during a month–to–month term, a park owner shall offer to a qualified resident a rental agreement for a 1–year period.</text> </level> <level label="ii"> <text>An offer of a rental agreement for a 1–year term to a qualified resident shall:</text> <level label="1"> <text>Be delivered to the resident no later than 30 days before the expiration of the existing term;</text> </level> <level label="2"> <text>Explain, in clear language, a qualified resident’s right to the 1–year term; and</text> </level> <level label="3"> <text>Contain a statement that, if the resident chooses not to enter into a 1–year agreement, the lease will continue on a month–to–month term that can be discontinued by either party, upon 30 days’ notice.</text> </level> </level> </level> <level label="3"> <text>If the use of land is changed:</text> <level label="i"> <text>All residents shall be entitled to a 1–year prior written notice of termination notwithstanding the provisions of a longer term in a rental agreement; and</text> </level> <level label="ii"> <text>The park owner shall send to the local governing body of the county or municipal corporation in which the park is located a copy of the written notice of termination sent to the residents under item (i) of this paragraph.</text> </level> </level> <level label="4"> <text>If a resident’s rental agreement is not renewed on the basis that the resident is not a qualified resident, the park owner shall, within 5 days, provide the resident with a written statement of the specific reason for nonrenewal of the rental agreement.</text> </level> <level label="5"> <text>A resident who has been offered a 1–year rental agreement under this section, and who has selected a month–to–month term and has not requested a 1–year rental agreement under this section, is not entitled to a 1–year rental agreement after a notice to terminate is delivered by certified mail to the resident by the park owner.</text> </level> </level> <level label="d"> <text>If any rental agreement contains a provision calling for an automatic renewal of the lease term unless prior notice is given by the party or parties seeking to terminate the rental agreement, that provision shall be distinctly set apart from any other provision of the rental agreement and provide a space for the written acknowledgment of the resident’s agreement to the automatic renewal provision. Such provision not specifically accompanied by either the resident’s initials, signature, or witnessed mark is unenforceable by the park owner.</text> </level> <level label="e"> <text>A rental agreement may not contain:</text> <level label="1"> <text>A provision whereby the resident authorizes any person to confess judgment on a claim arising out of the rental agreement.</text> </level> <level label="2"> <text>A provision whereby the resident agrees to waive or to forego any right or remedy provided by applicable law.</text> </level> <level label="3"> <text>Any provision whereby the resident waives his right to a jury trial.</text> </level> <level label="4"> <text>Any provision authorizing the park owner to take possession of the leased premises, or the resident’s personal property therein unless the rental agreement has been terminated by action of the parties or by operation of law, and such personal property has been abandoned by the mobile home resident without the benefit of formal legal process.</text> </level> </level> <level label="f"> <text>Any rental agreement offered under this section shall contain the same terms, including rent, fees, and conditions, as a rental agreement offered to a resident or prospective resident on a month–to–month term.</text> </level> <level label="g"> <level label="1"> <text>Within 30 days after obtaining ownership of a mobile home, a resident as defined under § 8A–101(j)(2) of this title shall:</text> <level label="i"> <text>Offer the mobile home for sale;</text> </level> <level label="ii"> <text>Apply to the park owner to enter into a rental agreement; or</text> </level> <level label="iii"> <text>Take reasonable steps to remove the mobile home from the park.</text> </level> </level> <level label="2"> <text>A park owner may not unreasonably deny an application submitted under paragraph (1)(ii) of this subsection.</text> </level> <level label="3"> <text>Notwithstanding any other provision of law, a resident as defined under § 8A–101(j)(2) of this title shall remove the resident’s mobile home from the park:</text> <level label="i"> <text>If settlement on a sale offered under paragraph (1)(i) of this subsection has not occurred within 1 year of the resident’s obtaining ownership; or</text> </level> <level label="ii"> <text>Within 6 months after an application submitted under paragraph (1)(ii) of this subsection is denied.</text> </level> </level> </level> <level label="h"> <text>A park owner that enters into a contract of sale for a mobile home park shall, not less than 30 days before the date of the sale:</text> <level label="1"> <text>Provide notice of the sale to:</text> <level label="i"> <text>Each resident in the mobile home park by hand delivery or certified mail, return receipt requested; and</text> </level> <level label="ii"> <text>The Department of Housing and Community Development by certified mail, return receipt requested; and</text> </level> </level> <level label="2"> <text>Post notice of the sale in a public area of the mobile home park.</text> </level> </level> <level label="i"> <level label="1"> <text>This subsection applies only to a rental agreement that has a term of not less than 1 year that is offered for renewal for a term of not less than 1 year.</text> </level> <level label="2"> <text>If a park owner intends to offer the renewal of a lease agreement with an increase in rent, the park owner shall provide notice to the resident of the rent increase no later than 60 days before the expiration of the existing rental agreement.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-301" title_number="8A" title_name="Mobile Home Parks" subtitle_number="3" subtitle_name="Rules"> <level label="a"> <level label="1"> <text>A park owner shall establish reasonable rules related to the order, peace, health, safety, and qualification standards of mobile homes, residents, and the operation of the park.</text> </level> <level label="2"> <text>A rule established under paragraph (1) of this subsection may not be enforced unless it is in writing and is delivered to each resident in the park.</text> </level> </level> <level label="b"> <level label="1"> <text>A park owner shall prescribe reasonable, written standards for the mobile homes to be placed or retained in the park, their size, quality, appearance, material specification, construction and safety condition.</text> </level> <level label="2"> <text>A rule adopted pursuant to paragraph (1) of this subsection setting a standard for the size, quality, material specification, or construction of mobile homes may not be enforced against any individual:</text> <level label="i"> <text>Who, at the time the standard is adopted, is the owner or tenant of a mobile home in the park, as to that mobile home; or</text> </level> <level label="ii"> <text>Who purchases a mobile home from the individual who owned the home at the time the standard was adopted.</text> </level> </level> </level> <level label="c"> <text>A park owner shall prescribe reasonable, written maintenance standards for any mobile home in the park or immediate area surrounding the mobile home, in accordance with the State or county health laws or regulations.</text> </level> <level label="d"> <text>All rules and standards shall be fair and reasonable and, except as provided in paragraph (b)(2) of this section, shall apply uniformly to all residents in the park.</text> </level> <level label="e"> <text>A rule or standard is not enforceable unless the park owner:</text> <level label="1"> <text>Delivers a copy of the rule or standard to each resident affected thereby; and</text> </level> <level label="2"> <text>Posts a copy of the rule or standard in a conspicuous place in the park.</text> </level> </level> <level label="f"> <text>An amendment to a rule or standard is not effective until the later of:</text> <level label="1"> <text>The date specified in the amendment; or</text> </level> <level label="2"> <text>30 days after the park owner delivers to each resident written notice of the proposed amendment.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-401" title_number="8A" title_name="Mobile Home Parks" subtitle_number="4" subtitle_name="Park Fees"> <level label="a"> <text>A park owner may increase a park fee only if the park owner delivers to each resident a notice in writing of the increase at least 30 days before the effective date of the increased park fee.</text> </level> <level label="b"> <text>If a park owner fails to so notify a resident affected by the increase, the park owner may not collect the increased amount of the park fee from the resident.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-402" title_number="8A" title_name="Mobile Home Parks" subtitle_number="4" subtitle_name="Park Fees"> <level label="a"> <text>An entrance or exit fee is prohibited.</text> </level> <level label="b"> <text>A fee may not be charged:</text> <level label="1"> <text>In connection with the renewal of a rental agreement; or</text> </level> <level label="2"> <text>To determine if a resident is qualified under § 8A-202(c) of this title.</text> </level> </level> <level label="c"> <text>Except if a material change results in the deterioration of the home, a park owner may not charge a fee for inspecting a home for resale more than one time within a 12-month period.</text> </level> <level label="d"> <text>The fee for inspecting a home for resale may not exceed $60.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-403" title_number="8A" title_name="Mobile Home Parks" subtitle_number="4" subtitle_name="Park Fees"> <level label="a"> <text>A park owner may charge the resident a reasonable service fee, based on an amount that the park owner directly incurs, for installing, placing on, or removing a mobile home from the site.</text> </level> <level label="b"> <text>In each case where a fee has been charged by a park owner, a written description detailing the fee shall be provided by the park owner to the resident.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-404" title_number="8A" title_name="Mobile Home Parks" subtitle_number="4" subtitle_name="Park Fees"> <text>A park owner may charge a late payment fee if:</text> <level label="1"> <text>The rental agreement provides for the fee;</text> </level> <level label="2"> <text>The fee does not exceed 5 percent of the rent due or $5, whichever is higher; and</text> </level> <level label="3"> <text>The rent is not paid within 5 days after the due date specified in the rental agreement.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-405" title_number="8A" title_name="Mobile Home Parks" subtitle_number="4" subtitle_name="Park Fees"> <text>A park owner may not charge a resident or his guest any fee to enter, leave, or remain on the site unless, without the consent of the park owner, the guest stays more than 15 consecutive days, or during a year, 30 total days.</text> </section> <section article="grp" article_name="Real Property" number="8A-406" title_number="8A" title_name="Mobile Home Parks" subtitle_number="4" subtitle_name="Park Fees"> <text>A park owner shall provide to a resident, on request, a written receipt for a park fee or other financial transaction between the park owner and resident.</text> </section> <section article="grp" article_name="Real Property" number="8A-501" title_number="8A" title_name="Mobile Home Parks" subtitle_number="5" subtitle_name="Prohibitions Against Owner"> <text>A park owner may not:</text> <level label="1"> <text>Require, as a condition of tenancy, the purchase of any permanent improvement that would become the property of the park owner;</text> </level> <level label="2"> <text>Require any current resident or prospective resident to purchase from any particular person a mobile home, materials, or equipment, including the equipment required by the applicable law, necessary for installation of the mobile home, except in connection with the initial leasing or renting of a newly–constructed lot not previously leased or rented to any other person;</text> </level> <level label="3"> <text>Restrict the supplier of any product or service that the park owner does not supply to all residents in the park, except as the restriction directly relates to the safety of the residents;</text> </level> <level label="4"> <text>Restrict the installation, service, or maintenance of any electric or gas appliance if the installation complies with the applicable building code and other laws;</text> </level> <level label="5"> <text>Restrict any interior improvement of a mobile home if the improvement complies with the applicable code and other laws;</text> </level> <level label="6"> <text>Directly or indirectly, receive, collect, or accept any gratuity from any person that is made to facilitate, influence, or procure any advantage over other prospective residents in connection with the lease, use, or occupation of the premises; or</text> </level> <level label="7"> <level label="i"> <text>Enforce the designation of an area in a park for exclusive occupancy by adults against any individual who, at the time the designation is made, is the owner or tenant of a mobile home in the park, as to that mobile home at its location at the time of the designation.</text> </level> <level label="ii"> <text>Subparagraph (i) of this paragraph does not apply if only a part of the park is so designated, and</text> <level label="1"> <text>The park owner:</text> </level> <level label="A"> <text>Has made available to the individual, under comparable terms and conditions, another reasonably equivalent site for the mobile home in an area of the park that is not so designated and the individual shall accept or reject the proposed site within 60 days from the time the equivalent site is made available; and</text> </level> <level label="B"> <text>Has assumed the responsibility of moving the mobile home at the park owner’s expense; or</text> </level> <level label="2"> <text>The mobile home is not moved.</text> </level> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-502" title_number="8A" title_name="Mobile Home Parks" subtitle_number="5" subtitle_name="Prohibitions Against Owner"> <text>In any action to recover any gratuity, the court shall award:</text> <level label="1"> <text>A double amount of the gratuity; and</text> </level> <level label="2"> <text>The court costs.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-503" title_number="8A" title_name="Mobile Home Parks" subtitle_number="5" subtitle_name="Prohibitions Against Owner"> <text>A park owner who purchases from a publicly regulated utility any electricity, gas, or other utility service for resale to a resident may not charge directly or indirectly for the resale an amount that exceeds the amount that the utility charges the park owner.</text> </section> <section article="grp" article_name="Real Property" number="8A-601" title_number="8A" title_name="Mobile Home Parks" subtitle_number="6" subtitle_name="Sales and Transfer of Mobile Homes"> <text>A park owner may not:</text> <level label="1"> <text>Prevent a resident from selling his mobile home in the park; and</text> </level> <level label="2"> <text>Require the resident to remove the mobile home from the park because of the sale of the mobile home.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-602" title_number="8A" title_name="Mobile Home Parks" subtitle_number="6" subtitle_name="Sales and Transfer of Mobile Homes"> <text>A park owner may prescribe by rule that, in any sale of a mobile home by which the mobile home is to be retained in the park, he reserves the right to approve the buyer and the standards of the mobile home. A park owner may not unreasonably withhold approval of a buyer.</text> </section> <section article="grp" article_name="Real Property" number="8A-603" title_number="8A" title_name="Mobile Home Parks" subtitle_number="6" subtitle_name="Sales and Transfer of Mobile Homes"> <text>A park owner may collect a commission in connection with the sale of a mobile home only if he has acted as an agent for either party to the sale pursuant to a separate written agreement.</text> </section> <section article="grp" article_name="Real Property" number="8A-604" title_number="8A" title_name="Mobile Home Parks" subtitle_number="6" subtitle_name="Sales and Transfer of Mobile Homes"> <text>A resident shall provide the park owner with a 30-day prior written notice of the resident’s intention to sell the mobile home which will be removed from the site or retained on the site after resale, subject to the provisions of this title.</text> </section> <section article="grp" article_name="Real Property" number="8A-605" title_number="8A" title_name="Mobile Home Parks" subtitle_number="6" subtitle_name="Sales and Transfer of Mobile Homes"> <level label="a"> <level label="1"> <text>This subsection applies to a person who sells a mobile home and, in connection with the sale:</text> <level label="i"> <text>Is, or acts as an agent for, the owner of the park in which the home is to be located; and</text> </level> <level label="ii"> <text>Negotiates with the buyer to place the home in a park.</text> </level> </level> <level label="2"> <text>Prior to the execution of a contract for the sale of a mobile home, the seller of the mobile home shall provide to the buyer a copy of any rules established under Subtitle 3 of this title by the owner of the park in which the mobile home is to be located.</text> </level> <level label="3"> <text>A contract is unenforceable by a person described in paragraph (1) of this subsection if the person does not comply with paragraph (2) of this subsection.</text> </level> </level> <level label="b"> <text>If subsection (a) of this section does not apply, the seller shall provide the buyer with a notice, in writing, separate from the contract, and in substantially the following form:</text> <text>“If the mobile home you are purchasing is to be placed in a mobile home park, the park may have rules and lease provisions that affect you and your home. </text> <text>You should contact the park office to obtain and carefully review a copy of the lease and rules for the park before you enter into a contract to purchase a mobile home. </text> <text>Due to land use restrictions in many areas in this State, a mobile home may be placed only on property that is within a mobile home park.”</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-701" title_number="8A" title_name="Mobile Home Parks" subtitle_number="7" subtitle_name="Covenant of Quiet Enjoyment; Rights of Entry"> <level label="a"> <text>A park owner shall assure the resident that the resident, peaceably and quietly, may enter on the leased premises at the beginning of the term of any lease.</text> </level> <level label="b"> <text>If the park owner fails to provide the resident with possession of the site at the beginning of the term of any lease, the rent payable under the rental agreement shall abate until possession is delivered. The resident on written notice to the park owner before possession is delivered may terminate, cancel, and rescind the rental agreement.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-702" title_number="8A" title_name="Mobile Home Parks" subtitle_number="7" subtitle_name="Covenant of Quiet Enjoyment; Rights of Entry"> <text>On termination of the rental agreement under this subtitle, the park owner shall refund to the resident all money or property given as prepaid rent, deposit, or security.</text> </section> <section article="grp" article_name="Real Property" number="8A-703" title_number="8A" title_name="Mobile Home Parks" subtitle_number="7" subtitle_name="Covenant of Quiet Enjoyment; Rights of Entry"> <text>If due to the fault of the park owner, the park owner fails to provide the resident with possession of the site at the beginning of the term of any lease, whether or not the lease is terminated under this section, the park owner is liable to the prospective resident for consequential damages actually suffered by him subsequent to the prospective resident giving notice to the park owner of his inability to enter on the leased premises.</text> </section> <section article="grp" article_name="Real Property" number="8A-704" title_number="8A" title_name="Mobile Home Parks" subtitle_number="7" subtitle_name="Covenant of Quiet Enjoyment; Rights of Entry"> <level label="a"> <text>A park owner has at all reasonable times a right of entry onto the mobile home site to repair or replace any utility and to protect the park. Except in the case of an emergency, the entry may not be made in a manner and at a time that interferes unreasonably with the quiet enjoyment of the site by the resident.</text> </level> <level label="b"> <text>Except in the case of an emergency or to prevent imminent danger to a mobile home or its occupant, a park owner does not have any right of entry to the mobile home without the prior written consent of the resident. The resident may revoke at any time and in writing a consent to entry.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-801" title_number="8A" title_name="Mobile Home Parks" subtitle_number="8" subtitle_name="Park Owner -- General Obligations"> <level label="a"> <text>The park owner at all times shall:</text> <level label="1"> <text>Comply with all applicable building, housing, zoning, and health codes;</text> </level> <level label="2"> <text>Keep in good repair the leased site and all permanent fixtures that the park owner provides;</text> </level> <level label="3"> <text>Keep in a good state of appearance, repair, safety, and cleanliness the common areas and buildings;</text> </level> <level label="4"> <text>Provide at all reasonable times for the benefit of residents access to common areas, including their buildings and improvements, which access may not infringe on the leased site of any resident; and</text> </level> <level label="5"> <text>Keep in good repair each utility service.</text> </level> </level> <level label="b"> <text>A park owner or an operator of a mobile home park, or the agent or employee of a park owner or an operator of a mobile home park, may not refuse, withhold from, or deny to any person any of the accommodations, advantages, facilities, or privileges of the mobile home park or leases to the premises because of the race, creed, color, sex, sexual orientation, gender identity, or national origin of that person.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-901" title_number="8A" title_name="Mobile Home Parks" subtitle_number="9" subtitle_name="Resident -- General Obligations"> <text>A resident and his guest at all times shall:</text> <level label="1"> <text>Comply with park rules by conducting himself in a manner that does not disturb unreasonably other residents and that does not constitute a breach of the peace;</text> </level> <level label="2"> <text>Comply with all obligations imposed on the residents by applicable building, housing, zoning, and health codes; and</text> </level> <level label="3"> <text>Keep clean and sanitary the leased site.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1001" title_number="8A" title_name="Mobile Home Parks" subtitle_number="10" subtitle_name="Security Deposits"> <level label="a"> <level label="1"> <text>A park owner may not impose a security deposit in excess of the equivalent of 2 months’ rent, or $50, whichever is greater. If a security deposit exceeds this amount, the resident may recover up to threefold the extra money charged, plus reasonable attorney’s fees.</text> </level> <level label="2"> <level label="i"> <text>After receiving payment of the initial security deposit from the resident, a park owner may not increase the security deposit.</text> </level> <level label="ii"> <text>If the resident was not required to pay a security deposit during a prior lease or rental term, a park owner may not impose a security deposit.</text> </level> </level> </level> <level label="b"> <text>An action under this section may be brought at any time during the tenancy or within 2 years after its termination.</text> </level> <level label="c"> <level label="1"> <text>The park owner shall give the resident a receipt for the security deposit.</text> </level> <level label="2"> <text>The receipt may be included in a written rental agreement.</text> </level> <level label="3"> <text>The park owner shall be liable to the resident in the sum of $25 if the park owner fails to provide a written receipt for the security deposit.</text> </level> <level label="4"> <text>The receipt or rental agreement shall contain language informing the resident of his rights under this section to receive from the park owner a written list of all existing damages if the resident makes a written request of the park owner within 15 days of the resident’s occupancy.</text> </level> </level> <level label="d"> <level label="1"> <text>If the park owner imposes a security deposit, on written request, he promptly shall provide the resident with a written list of all existing damages. The request must be made within 15 days of the resident’s occupancy.</text> </level> <level label="2"> <text>Failure to provide the resident with this written statement renders the park owner liable to the resident for threefold the amount of the security deposit. The total amount of damages shall be subject to a setoff for damages and unpaid rent which reasonably could be withheld under this section.</text> </level> </level> <level label="e"> <level label="1"> <text>The park owner shall maintain all security deposits in a banking or savings institution in the State. This account shall be devoted exclusively to security deposits and bear interest.</text> </level> <level label="2"> <text>A security deposit shall be deposited in the account within 30 days after the park owner receives it.</text> </level> <level label="3"> <text>In the event of sales or transfer of any sort, including receivership or bankruptcy, the security deposit is binding on the successor in interest to the person to whom the deposit is given. Security deposits are free from any attachment by creditors.</text> </level> <level label="4"> <text>Any successor in interest is liable to the resident for failure to return the security deposit, together with interest, as provided in this section.</text> </level> </level> <level label="f"> <level label="1"> <text>Within 45 days after the end of the tenancy, the park owner shall return the security deposit to the resident together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld.</text> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, interest shall accrue at monthly intervals from the day the resident gives the park owner the security deposit. Interest is not compounded.</text> </level> <level label="ii"> <text>No interest is due or payable:</text> <level label="1"> <text>Unless the park owner has held the security deposit for at least 6 months; or</text> </level> <level label="2"> <text>For any period less than a full month.</text> </level> </level> </level> <level label="3"> <text>Interest shall be payable only on security deposits of $50 or more.</text> </level> <level label="4"> <text>If the park owner, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the resident has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.</text> </level> </level> <level label="g"> <level label="1"> <text>The security deposit, or any portion of the security deposit, may be withheld for unpaid rent, damage due to breach of the rental agreement, or damage to the leased premises by the resident or the resident’s family, agents, employees, or social guests in excess of ordinary wear and tear.</text> </level> <level label="2"> <text>The resident has the right to be present when the park owner or his agent inspects the premises in order to determine if any damage was done to the premises, if the resident notifies the park owner in writing of his intention to move, the date of moving and his new address. The notice to be furnished by the resident to the park owner shall be mailed at least 15 days prior to the date of moving. Upon receipt of the notice, the park owner shall notify the resident in writing of the time and date when the premises are to be inspected. The date of inspection shall occur within 5 days after the moving as designated in the resident’s notice. The resident shall be advised of his rights under this subsection in writing which may be included in the rental agreement at the time of his payment of the security deposit. Failure by the park owner to comply with this requirement forfeits the right of the park owner to withhold any part of the security deposit for damages.</text> </level> </level> <level label="h"> <text>A park owner is entitled to rely on the list of yield curve rates or the customized calculator maintained by the Department of Housing and Community Development under § 8–203(k) of this article when calculating the interest on a security deposit.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1101" title_number="8A" title_name="Mobile Home Parks" subtitle_number="11" subtitle_name="Eviction of Resident -- Park Owner's Remedies"> <level label="a"> <text>A park owner may only evict a resident for:</text> <level label="1"> <text>Nonpayment of rent; or</text> </level> <level label="2"> <text>The following violations:</text> <level label="i"> <text>Making or causing to be made, with knowledge, any false or misleading statement on an application for tenancy;</text> </level> <level label="ii"> <text>Violation of a federal, State, or local law that is detrimental to the safety and welfare of other residents in the park; or</text> </level> <level label="iii"> <text>Repeated violation of any rule or provision of the rental agreement occurring within a 6–month period.</text> </level> </level> </level> <level label="b"> <text>A park owner shall deliver to the resident by certified mail, regular mail, or personal delivery a written notice of the violation at least 30 days before the date the resident is required to vacate the premises. The notice shall be specifically addressed to the resident in question and shall provide a specific reason for the eviction.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1102" title_number="8A" title_name="Mobile Home Parks" subtitle_number="11" subtitle_name="Eviction of Resident -- Park Owner's Remedies"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Threaten to take possession” means using words or actions intended to convince a reasonable person that the park owner intends to take imminent possession of the leased premises in violation of this section.</text> </level> <level label="3"> <level label="i"> <text>“Willful diminution of services” means intentionally interrupting or causing the interruption of heat, running water, hot water, electricity, or gas by the park owner for the purpose of forcing a resident to abandon the property.</text> </level> <level label="ii"> <text>“Willful diminution of services” does not include a park owner choosing not to continue to pay for utility service for the leased premises after a final court order awarding possession of the leased premises, if the park owner has provided the resident reasonable notice of the owner’s intention and the opportunity for the resident to open an account in the resident’s name for that service.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a park owner may not take possession or threaten to take possession of leased premises from a resident or resident holding over by locking the resident out or any other action, including willful diminution of services to the resident.</text> </level> <level label="2"> <text>A park owner may take possession of leased premises from a resident or resident holding over only:</text> <level label="i"> <text>In accordance with a warrant of restitution issued by a court and executed by a sheriff or constable; or</text> </level> <level label="ii"> <text>If the resident has abandoned or surrendered possession of the leased premises.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>If in any proceeding the court finds in favor of the resident because the park owner violated subsection (b) of this section, the resident may recover:</text> <level label="i"> <text>Actual damages; and</text> </level> <level label="ii"> <text>Reasonable attorney’s fees and costs.</text> </level> </level> <level label="2"> <text>The remedies set forth in this subsection are not exclusive.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-1201" title_number="8A" title_name="Mobile Home Parks" subtitle_number="12" subtitle_name="Termination of Tenancy -- Change in Land Use"> <level label="a"> <text>When a mobile home park owner submits an application for a change in the land use of a park, the owner shall submit, as part of the application, a relocation plan for park residents who will be dislocated as a result of the change.</text> </level> <level label="b"> <level label="1"> <text>If a mobile home park owner does not submit a relocation plan for the park residents or does not comply with the terms of an approved plan, the mobile home park owner is in default of the plan and the application for change of land use submitted under subsection (a) of this section may not be approved until the owner submits and complies with a plan.</text> </level> <level label="2"> <text>A relocation plan for park residents shall include:</text> <level label="i"> <text>A complete list of park residents, including household sizes, addresses, and contact information for residents;</text> </level> <level label="ii"> <text>A relocation calendar or timeline and written monthly updates on the progress of the relocation;</text> </level> <level label="iii"> <text>If the plan is for closing a park with more than 10 sites, a budget reflecting the amount of relocation assistance allocated by the mobile home park owner to be given to each household as described in subsection (c)(1) of this section;</text> </level> <level label="iv"> <text>A description of the requirement that a resident provide written notice of the resident’s intention to vacate the park and the timetable for the owner to pay relocation assistance, as provided under subsection (c)(2) of this section;</text> </level> <level label="v"> <text>A list of area mobile home parks with vacancies; and</text> </level> <level label="vi"> <text>A list of area companies that relocate mobile homes.</text> </level> </level> <level label="3"> <text>If a mobile home park owner undertakes a reasonable, good faith inquiry to obtain the information required under paragraph (2) of this subsection and the information in the relocation plan is based on the owner’s reasonable, good faith inquiry, the owner shall not incur any liability and may not be estopped from obtaining possession of the premises because of a failure to provide accurate information in the relocation plan.</text> </level> <level label="4"> <text>A relocation plan may not require, as a condition of approval by the local governing body of the plan or the change in land use submitted under subsection (a) of this section, that:</text> <level label="i"> <text>Relocation assistance be paid unless the mobile home park owner sends a notice of park closure to each resident;</text> </level> <level label="ii"> <text>The amount of relocation assistance exceed the amount described in subsection (c)(1) of this section;</text> </level> <level label="iii"> <text>Except as provided in subsection (c) of this section, any amount of relocation assistance be paid to a resident before possession of the premises is returned to the owner; or</text> </level> <level label="iv"> <text>The owner assure the relocation of any resident.</text> </level> </level> <level label="5"> <text>If an owner rescinds a notice of park closure, the owner is not required to pay relocation assistance after the date the notice of rescission is sent to the residents.</text> </level> <level label="6"> <text>An owner is not required to pay relocation assistance to any potential resident who, after receiving written notice of the application for change in land use or written notice of park closure, signs an agreement to rent premises in the park.</text> </level> </level> <level label="c"> <level label="1"> <text>If a mobile home park with more than 10 sites is closed, the relocation assistance paid to each household shall equal the amount of rent for the premises, excluding taxes and utilities, paid for the 12 months immediately preceding the date the resident vacates the premises.</text> </level> <level label="2"> <text>The relocation assistance shall be paid in the following manner:</text> <level label="i"> <text>One half of the relocation assistance shall be paid to a resident within 30 days after the mobile home park owner receives written notice of:</text> <level label="1"> <text>The resident’s intention to vacate the park; and</text> </level> <level label="2"> <text>The date on which the resident will return possession of the premises to the owner; and</text> </level> </level> <level label="ii"> <text>One half of the relocation assistance shall be paid to a resident within 30 days after the resident returns possession of the premises to the owner.</text> </level> </level> <level label="3"> <text>If a resident fails to return possession of the premises by removing the mobile home from the premises on or before the date specified in the resident’s notice of intention to vacate, the resident shall forfeit the balance of any relocation assistance due unless the mobile home park owner agrees in writing to a different date.</text> </level> </level> <level label="d"> <level label="1"> <text>The local governing body of the county or municipal corporation in which a mobile home park is located may provide additional relocation assistance to residents.</text> </level> <level label="2"> <text>A mobile home park owner is not responsible for any payments made under paragraph (1) of this subsection.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-1301" title_number="8A" title_name="Mobile Home Parks" subtitle_number="13" subtitle_name="Retaliatory Actions"> <level label="a"> <level label="1"> <text>For any reason listed in paragraph (2) of this subsection, a park owner may not:</text> <level label="i"> <text>Bring or threaten to bring an action for possession against a resident;</text> </level> <level label="ii"> <text>Arbitrarily increase the rent or decrease the services to which a resident has been entitled; or</text> </level> <level label="iii"> <text>Terminate a periodic tenancy.</text> </level> </level> <level label="2"> <text>A park owner may not take an action that is listed under paragraph (1) of this subsection for any of the following reasons:</text> <level label="i"> <text>Because the resident or the resident’s agent has provided written or actual notice of a good faith complaint about an alleged violation of the rental agreement, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to:</text> <level label="1"> <text>The park owner; or</text> </level> <level label="2"> <text>Any public agency against the park owner;</text> </level> </level> <level label="ii"> <text>Because the resident or the resident’s agent has:</text> <level label="1"> <text>Filed a lawsuit against the park owner; or</text> </level> <level label="2"> <text>Testified or participated in a lawsuit involving the park owner; or</text> </level> </level> <level label="iii"> <text>Because the resident has participated in any tenant’s organization.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>A park owner’s violation of subsection (a) of this section is a “retaliatory action”.</text> </level> <level label="2"> <text>A resident may raise a retaliatory action of a park owner:</text> <level label="i"> <text>In defense to an action for possession; or</text> </level> <level label="ii"> <text>As an affirmative claim for damages resulting from a retaliatory action of a park owner occurring during a tenancy.</text> </level> </level> </level> <level label="c"> <text>If in any proceeding the court finds in favor of the resident because the park owner engaged in a retaliatory action, the court may enter judgment against the park owner for damages not to exceed the equivalent of 3 months’ rent, reasonable attorney’s fees, and court costs.</text> </level> <level label="d"> <text>An action by a park owner may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a resident’s action that is protected under subsection (a)(2) of this section.</text> </level> <level label="e"> <text>As long as a park owner’s termination of a tenancy is not the result of a retaliatory action, nothing in this section may be interpreted to alter the park owner’s or the resident’s rights arising from breach of any provision of a rental agreement or rule, or either party’s right to terminate or not renew a rental agreement pursuant to the terms of the rental agreement or the provisions of other applicable law.</text> </level> <level label="f"> <text>If any county has enacted or enacts an ordinance comparable in subject matter to this section, this section shall supersede the provisions of the ordinance to the extent that the ordinance provides less protection to a resident.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1501" title_number="8A" title_name="Mobile Home Parks" subtitle_number="15" subtitle_name="General Enforcement Authority"> <level label="a"> <text>This title and each rental agreement made under it impose an obligation of good faith in performance and enforcement.</text> </level> <level label="b"> <level label="1"> <text>A resident or a park owner may enforce by civil action any right or duty under this title.</text> </level> <level label="2"> <text>If either the park owner or the resident fails to comply with the rental agreement or with this title, the aggrieved party may recover the damages caused by the noncompliance.</text> </level> <level label="3"> <text>In an action by or against a resident, if the resident prevails and if the rental agreement contains a provision that allows attorney’s fees to the park owner, the court also may allow reasonable attorney’s fees to the resident.</text> </level> <level label="4"> <text>In an action by a resident, the court may award equitable relief that it considers necessary, including the enjoining of further violations. The losing party may be liable for court costs and reasonable attorney’s fees incurred by the prevailing party.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-1502" title_number="8A" title_name="Mobile Home Parks" subtitle_number="15" subtitle_name="General Enforcement Authority"> <level label="a"> <text>If it is claimed or appears to the court that a rental agreement or park rule may be unconscionable, the court may give to the parties a reasonable opportunity to present evidence as to the meaning of the rental agreement or park rule, relationship of the parties, purpose, and other relevant factors to aid the court in making a determination.</text> </level> <level label="b"> <text>A park rule that does not apply uniformly to all residents in a park creates a rebuttable presumption of unfairness.</text> </level> <level label="c"> <text>In determining if a provision of a rental agreement or of a park rule is unconscionable, the court may consider if the provision:</text> <level label="1"> <text>Promotes the convenience, safety, or welfare of residents;</text> </level> <level label="2"> <text>Preserves from abusive use property of the park owner;</text> </level> <level label="3"> <text>Promotes a fair distribution of services or facilities held out to residents generally;</text> </level> <level label="4"> <text>Relates reasonably to its purpose;</text> </level> <level label="5"> <text>Applies to all residents in a fair manner;</text> </level> <level label="6"> <text>Is sufficiently explicit for a resident to comply; and</text> </level> <level label="7"> <text>Is for the purpose of evading an obligation of the park owner.</text> </level> </level> <level label="d"> <text>If a court finds that any provision of a rental agreement or park rule is unconscionable, the court may:</text> <level label="1"> <text>Refuse to enforce the rental agreement or park rule;</text> </level> <level label="2"> <text>Enforce the remainder of the rental agreement or park rule without the unconscionable provision; or</text> </level> <level label="3"> <text>Limit the application of any unconscionable provision as to avoid any unconscionable result.</text> </level> </level> <level label="e"> <text>If the effect of any provision of a rental agreement is to indemnify the park owner, hold him harmless, or preclude or exonerate him from any liability to a mobile home resident, or to any other person, for any injury, loss, damage, or liability arising from any omission, fault, negligence, or other misconduct of the park owner on or about the leased premises not within the exclusive control of the mobile home resident, the provision is against public policy and void. An insurer may not claim a right of subrogation by reason of the invalidity of this provision.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1601" title_number="8A" title_name="Mobile Home Parks" subtitle_number="16" subtitle_name="Nonpayment of Rent"> <level label="a"> <text>In an action by the park owner for eviction based on nonpayment of rent or for recovery of unpaid rent, the resident may raise:</text> <level label="1"> <text>A defense of material noncompliance with this title if, before the due date of rent, the resident gave to the park owner written notice that based on the noncompliance the resident did not intend to pay rent and specified in detail the provision of noncompliance; or</text> </level> <level label="2"> <text>Any other legal or equitable defense.</text> </level> </level> <level label="b"> <text>If, in an action by the park owner for eviction based on nonpayment of rent, the resident raises a defense other than payment, the resident may petition the circuit court for the appointment of a trustee to receive the rent of the resident, apply the same to correcting the deficiency complained of and make a full accounting thereof to the court. The court shall give the parties a reasonable opportunity to present evidence as to the controversy before a trustee is appointed.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1701" title_number="8A" title_name="Mobile Home Parks" subtitle_number="17" subtitle_name="Park Owner's Repossession Remedies"> <level label="a"> <text>Whenever the resident under any rental agreement, express or implied, verbal or written, shall fail to pay the rent when due and payable, it shall be lawful for the park owner to have again and repossess the premises so rented.</text> </level> <level label="b"> <text>Whenever any park owner shall desire to repossess any premises to which he is entitled, he or his duly qualified agent or attorney, shall make his written complaint under oath or affirmation, before the District Court of the county wherein the property is situated, describing in general terms the property sought to be repossessed, and also setting forth the name of the resident to whom the property is rented or his assignee or subtenant with the amount of rent due and unpaid; and praying by warrant to repossess the premises, together with judgment for the amount of rent due and costs. The District Court shall issue its summons, directed to any constable or sheriff of the county entitled to serve process, and ordering him to notify by first-class mail the tenant, assignee, or subtenant to appear before the District Court at the trial to be held on the fifth day after the filing of the complaint, to answer the park owner’s complaint to show cause why the prayer of the park owner should not be granted, and the constable or sheriff shall proceed to serve the summons upon the resident, assignee, or subtenant in the property or upon his known or authorized agent, but if for any reason, neither the resident, assignee, or subtenant, nor his agent, can be found, then the constable or sheriff shall affix an attested copy of the summons conspicuously upon the mobile home. The affixing of the summons upon the mobile home after due notification to the resident, assignee, or subtenant by first-class mail shall conclusively be presumed to be a sufficient service to all persons to support the entry of a default judgment for possession of the premises, together with court costs, in favor of the park owner, but it shall not be sufficient service to support a default judgment in favor of the park owner for the amount of rent due.</text> </level> <level label="c"> <level label="1"> <text>If, at the trial on the fifth day indicated in subsection (b) of this section, the court is satisfied that the interests of justice will be better served by an adjournment to enable either party to procure his necessary witnesses, he may adjourn the trial for a period not exceeding 1 day, except that if the consent of all parties is obtained, the trial may be adjourned for a longer period of time.</text> </level> <level label="2"> <text>If, when the trial occurs, it appears to the satisfaction of the court, that the rent, or any part of the rent, is actually due and unpaid, the court shall determine the amount of rent due and enter a judgment in favor of the park owner for possession of the premises. The court may also give judgment in favor of the park owner for the amount of rent determined to be due together with costs of the suit if the court finds that the actual service of process made on the defendant would have been sufficient to support a judgment in an action in contract or tort.</text> </level> <level label="3"> <text>The court, when entering the judgment, shall also order the resident to yield and render possession of the premises to the park owner, or his agent or attorney, within 30 days after the trial.</text> </level> <level label="4"> <text>The court may, upon presentation of a certificate signed by a physician certifying that surrender of the premises within this 30-day period would endanger the health or life of the resident or any other occupant of the premises, extend the time for surrender of the premises as justice may require. However, the court may not extend the time for the surrender of the premises beyond 45 days after the trial.</text> </level> <level label="5"> <text>However, if the resident, or someone for him, at the trial, or adjournment of the trial, tenders to the park owner the rent determined by the court to be due and unpaid, together with the costs of the suit, the complaint against the resident shall be entered as being satisfied.</text> </level> </level> <level label="d"> <text>If judgment is given in favor of the park owner, and the resident fails to comply with the requirements of the order within 15 days, the court shall, at any time after the expiration of the 15 days, issue its warrant, directed to any official of the county entitled to serve process, ordering him to cause the park owner to have again and repossess the property by putting him (or his duly qualified agent or attorney for his benefit) in possession thereof, and for that purpose to remove from the property, by force if necessary, the mobile home and all additions or attachments of every description whatsoever belonging to the resident, or to any person claiming or holding by or under said resident. If the park owner does not order a warrant of restitution within 60 days from the date of judgment or from the expiration date of any stay of execution, whichever shall be the later, the judgment for possession shall be stricken.</text> </level> <level label="e"> <level label="1"> <text>Subject to paragraph (3) of this subsection, in any action of summary ejectment for failure to pay rent where the park owner is awarded a judgment giving the park owner restitution of the leased premises, the resident shall have the right to redemption of the leased premises by tendering in cash, certified check, or money order to the park owner or the park owner’s agent all past due rent and late fees, plus all court awarded costs and fees, at any time before actual execution of the eviction order.</text> </level> <level label="2"> <text>An electronic or written check issued by a political subdivision or on behalf of a governmental entity shall have the same legal effect as a payment made by the resident under paragraph (1) of this subsection.</text> </level> <level label="3"> <text>This subsection does not apply to any resident against whom three judgments of possession have been entered for rent due and unpaid in the 12 months prior to the initiation of the action to which this subsection otherwise would apply.</text> </level> </level> <level label="f"> <text>The resident or the park owner may appeal from the judgment of the District Court to the circuit court for any county at any time within 2 days from the rendition of the judgment. The resident, in order to stay any execution of the judgment, shall give a bond to the park owner with one or more sureties, who are owners of sufficient property in the State of Maryland, with condition to prosecute the appeal with effect, and answer to the park owner in all costs and damages mentioned in the judgment, and such other damages as shall be incurred and sustained by reason of the appeal. The bond shall not affect in any manner the right of the park owner to proceed against the resident, assignee, or subtenant for any and all rents that may become due and payable to the park owner after the rendition of the judgment.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1702" title_number="8A" title_name="Mobile Home Parks" subtitle_number="17" subtitle_name="Park Owner's Repossession Remedies"> <level label="a"> <level label="1"> <text>A resident under any lease or someone holding under him, who shall unlawfully hold over beyond the termination of the rental agreement, shall be liable to the park owner for the actual damages caused by the holding over.</text> </level> <level label="2"> <text>The damages awarded to a park owner against the resident or someone holding under him, may not be less than the apportioned rent for the period of holdover at the rate under the rental agreement.</text> </level> <level label="3"> <text>Any action to recover damages under this section may be brought by suit separate from the eviction or removal proceeding or in the same action and in any court having jurisdiction over the amount in issue.</text> </level> <level label="4"> <text>Nothing contained herein is intended to limit any other remedies which a park owner may have against a holdover resident under the rental agreement or under applicable law.</text> </level> </level> <level label="b"> <level label="1"> <text>Where any interest in property shall be leased for any definite term or at will, and the park owner shall desire to repossess the property after the expiration of the term for which it was leased and shall give notice in writing 1 month before the expiration of the term or determination of the will to the resident or to the person actually in possession of the property to remove from the property at the end of the term, and if the resident or person in actual possession shall refuse to comply, the park owner may make complaint in writing to the District Court of the county where the property is located. The court shall issue its summons to the resident or person in possession that he appear on a day stated in the summons before the court to show cause (if any he have) why restitution of the possession of the estate leased should not be made to the park owner. Upon the failure of either of the parties to appear before the court on the day stated in the summons, the court may continue the case to a day not less than 6 nor more than 10 days after the day first stated and notify the parties of the continuance.</text> </level> <level label="2"> <text>If upon hearing the parties, or in case the resident or person in possession shall neglect to appear after the summons and continuance the court shall find that the park owner had been in possession of the leased property, that the said lease or estate is fully ended and expired, that due notice to quit as aforesaid had been given to the resident or person in possession and that he had refused so to do, the court shall thereupon give judgment for the restitution of the possession of said premises and shall forthwith issue its warrant to the sheriff or a constable in the respective counties commanding him forthwith to deliver to the park owner possession thereof in as full and ample manner as the park owner was possessed of the same at the time when the leasing was made, and shall give judgment for costs against the resident or person in possession so holding over. Either party shall have the right to appeal therefrom to the circuit court for the county within ten days from the judgment. If the resident appeals and files with the District Court an affidavit that the appeal is not taken for delay, and also a good and sufficient bond with one or more securities conditioned that he will prosecute the appeal with effect and well and truly pay all rent in arrears and all costs in the case before the District Court and in the appellate court and all loss or damage which the park owner may suffer by reason of the resident’s holding over, including the value of the premises during the time he shall so hold over, then the resident or person in possession of said premises may retain possession thereof until the determination of said appeal. The appellate court shall, upon application of either party, set a day for the hearing of the appeal, not less than 5 nor more than 15 days after the application, and notice for the order for a hearing shall be served on the opposite party or his counsel at least 5 days before the hearing. If the judgment of the District Court shall be in favor of the park owner, a warrant shall be issued by the appellate court to the sheriff, who shall proceed forthwith to execute the warrant.</text> </level> <level label="3"> <text>The provisions of this section shall apply to all cases of tenancies from year to year, tenancies of the month and by the week. In case of tenancies from year to year, notice in writing shall be given 3 months before the expiration of the current year of the tenancy, and in monthly or weekly tenancies, a notice in writing of 1 month, shall be so given; and the same proceeding shall apply, so far as may be, to cases of forcible entry and detainer.</text> </level> <level label="4"> <text>When the resident shall give notice by parole to the park owner or to his agent or representatives, at least 1 month before the expiration of the lease or tenancy in all cases except in cases of tenancies from year to year, and at least 3 months’ notice in all cases of tenancy from year to year, of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that time, and the park owner, his agent, or representative shall prove the notice from the resident by competent testimony, it shall not be necessary for the park owner, his agent or representative to provide a written notice to the resident, but the proof of such notice from the resident as aforesaid shall entitle the park owner to recover possession of the property hereunder.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-1703" title_number="8A" title_name="Mobile Home Parks" subtitle_number="17" subtitle_name="Park Owner's Repossession Remedies"> <level label="a"> <text>When a rental agreement provides that the park owner may repossess the premises if the resident breaches the rental agreement, and the park owner has given the resident 1 month’s written notice that the resident is in violation of the rental agreement and the park owner desires to repossess the premises, and if the resident or person in actual possession refuses to comply, the park owner may make complaint in writing to the District Court of the county where the premises is located. The court shall summons immediately the resident or person in possession to appear before the court on a day stated in the summons to show cause, if any, why restitution of the possession of the leased premises should not be made to the park owner. If either of the parties fails to appear before the court on the day stated in the summons, the court may continue the case for not less than 6 nor more than 10 days and notify the parties of the continuance.</text> </level> <level label="b"> <text>If the court determines that the resident breached the terms of the rental agreement and that the breach warrants an eviction, the court shall give judgment for the restitution of the possession of the premises and issue its warrant to the sheriff or a constable commanding him to deliver possession to the park owner in as full and ample manner as the park owner was possessed of the same at the time when the rental agreement was entered into. The court shall give judgment for costs against the resident or person in possession. Either party may appeal to the circuit court for the county within 10 days from entry of the judgment. If the resident (1) files with the District Court an affidavit that the appeal is not taken for delay; (2) files sufficient bond with one or more securities conditioned upon diligent prosecution of the appeal; (3) pays all rent in arrears, all court costs in the case; and (4) pays all losses or damages which the park owner may suffer by reason of the resident’s holding over, the resident or person in possession of the premises may retain possession until the determination of the appeal. Upon application of either party, the court shall set a day for the hearing of the appeal not less than 5 nor more than 15 days after the application, and notice of the order for a hearing shall be served on the other party or his counsel at least 5 days before the hearing. If the judgment of the District Court is in favor of the park owner, a warrant shall be issued by the court which hears the appeal to the sheriff, who shall execute the warrant.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1801" title_number="8A" title_name="Mobile Home Parks" subtitle_number="18" subtitle_name="Sale of Manufactured Housing Communities"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Community owner” means the owner of a manufactured housing community.</text> </level> <level label="c"> <text>“Homeowner” means an owner of a manufactured home who leases or rents a lot in a manufactured housing community for residential use.</text> </level> <level label="d"> <text>“Homeowners organization” means an incorporated or unincorporated organization, including a cooperative housing corporation, that:</text> <level label="1"> <text>Represents the interests of the homeowners in a manufactured housing community;</text> </level> <level label="2"> <text>Is open to all homeowners residing in the manufactured housing community;</text> </level> <level label="3"> <text>Is controlled by the members of the organization; and</text> </level> <level label="4"> <text>Comprises homeowners who lease or rent at least 75% of the lots in the manufactured housing community.</text> </level> </level> <level label="e"> <text>“Manufactured home” has the meaning stated in § 8B–101 of this article.</text> </level> <level label="f"> <level label="1"> <text>“Manufactured housing community” means any property leased or held out for lease to two or more owners of manufactured homes for residential use.</text> </level> <level label="2"> <text>“Manufactured housing community” includes a park.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-1802" title_number="8A" title_name="Mobile Home Parks" subtitle_number="18" subtitle_name="Sale of Manufactured Housing Communities"> <level label="a"> <text>The requirements of this subtitle apply separately to each substantially different offer to sell or to purchase a manufactured housing community.</text> </level> <level label="b"> <text>This subtitle does not apply to the potential sale of a manufactured housing community if:</text> <level label="1"> <text>A mortgagee, grantee, or other secured party has foreclosed on the manufactured housing community and the mortgagee, grantee, or secured party is selling the manufactured housing community:</text> <level label="i"> <text>At a foreclosure sale; or</text> </level> <level label="ii"> <text>After purchasing the manufactured housing community at a foreclosure sale;</text> </level> </level> <level label="2"> <text>The community owner is selling the manufactured housing community to:</text> <level label="i"> <text>A family member of the community owner; or</text> </level> <level label="ii"> <text>A trust whose beneficiaries are family members of the community owner;</text> </level> </level> <level label="3"> <text>The community owner is a partnership, limited liability company, or similar business entity and the sale is to one or more of the partners or members of the business entity;</text> </level> <level label="4"> <text>The conveyance of an interest in the manufactured housing community is incidental to the financing of the manufactured housing community;</text> </level> <level label="5"> <text>The sale of the manufactured housing community is between joint tenants or tenants in common;</text> </level> <level label="6"> <text>The sale of the manufactured housing community is a result of the exercise of the power of eminent domain;</text> </level> <level label="7"> <text>The sale of the manufactured housing community involves a merger, recapitalization, or similar transaction where:</text> <level label="i"> <text>At least one community owner prior to the transaction remains a community owner after the transaction; and</text> </level> <level label="ii"> <text>The community owner files an affidavit, recorded in the land records in the county in which the property is located, affirming that the community owner will allow continued use of the land as a manufactured housing community for at least 6 months after the date the transaction is finalized; or</text> </level> </level> <level label="8"> <text>The sale of the manufactured housing community involves:</text> <level label="i"> <text>A like–kind exchange; or</text> </level> <level label="ii"> <text>A sale of more than one home in the community to a single purchaser.</text> </level> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-1803" title_number="8A" title_name="Mobile Home Parks" subtitle_number="18" subtitle_name="Sale of Manufactured Housing Communities"> <level label="a"> <text>If a community owner receives an offer to purchase the community, acceptance of that offer shall be conditioned on the purchaser filing an affidavit, recorded in the land records in the county in which the property is located, affirming that:</text> <level label="1"> <text>The purchaser will allow continued use of the land as a manufactured housing community for 5 years after the date the purchase is finalized; and</text> </level> <level label="2"> <text>Rent for a lot on the property will not increase by more than 10% per year for the first 3 years after the date the purchase is finalized.</text> </level> </level> <level label="b"> <text>If the purchaser fails to file an affidavit in accordance with subsection (a) of this section, acceptance by the community owner of the offer to purchase the community shall be conditioned on the community owner:</text> <level label="1"> <text>Providing notice of the terms of the offer or the contract that the community owner has conditionally accepted to:</text> <level label="i"> <text>Each homeowner in the manufactured housing community;</text> </level> <level label="ii"> <text>The Department of Housing and Community Development; and</text> </level> <level label="iii"> <text>The appropriate housing agency; and</text> </level> </level> <level label="2"> <text>Providing the homeowners with the opportunity to purchase the manufactured housing community in accordance with § 8A–1804 of this subtitle.</text> </level> </level> <level label="c"> <text>The notice required under subsection (b) of this section shall:</text> <level label="1"> <text>Be posted in a public area of the manufactured housing community;</text> </level> <level label="2"> <text>Be sent by registered or certified mail to the homeowners organization; and</text> </level> <level label="3"> <text>Include the following information:</text> <level label="i"> <text>The price and material terms and conditions of the offer that the community owner has conditionally accepted for the sale of the manufactured housing community with copies of any documents evidencing the price and terms and conditions;</text> </level> <level label="ii"> <text>A statement indicating that the homeowners, through a homeowners organization, may purchase the manufactured housing community by submitting an offer within 60 days of the mailing date of the notice, containing substantially similar material terms to the offer that the community owner has conditionally accepted; and</text> </level> <level label="iii"> <text>The list of organizations and county housing agencies required under § 8A–1804(g) of this subtitle.</text> </level> </level> </level> <level label="d"> <text>The price and terms and conditions stated in the notice to the homeowners must be universal and applicable to all potential buyers and may not be specific to the homeowners or their assignee.</text> </level> <level label="e"> <text>Within 10 days after the date on which the community owner provides notice required under this section, the community owner shall make available to the homeowners organization the same information that the community owner provided or would have provided to other prospective purchasers.</text> </level> <level label="f"> <text>The community owner is not liable to any party to a real estate transaction for a violation of this section.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1804" title_number="8A" title_name="Mobile Home Parks" subtitle_number="18" subtitle_name="Sale of Manufactured Housing Communities"> <level label="a"> <text>On notice of the intent to sell a manufactured housing community in accordance with § 8A–1803 of this subtitle, a homeowners organization may offer to purchase the manufactured housing community by:</text> <level label="1"> <text>Providing documentation to the community owner indicating that at least 75% of the members of the homeowners organization who reside in the manufactured housing community, with one vote per home, have voted to purchase the community;</text> </level> <level label="2"> <text>Notifying the community owner of the intent to purchase the manufactured housing community; and</text> </level> <level label="3"> <text>Submitting to the community owner a proposed agreement to purchase the manufactured housing community that includes terms substantially similar to the terms included in the sales notice provided under § 8A–1803 of this subtitle.</text> </level> </level> <level label="b"> <text>The homeowners organization shall send the notice of intent to purchase the manufactured housing community and the proposed agreement required under subsection (a) of this section to the community owner by registered or certified mail.</text> </level> <level label="c"> <level label="1"> <text>If the homeowners organization submits a proposed agreement to purchase the manufactured housing community in accordance with subsection (a) of this section within the 60–day period identified in § 8A–1803 of this subtitle, the community owner shall consider the offer in good faith, which shall include a duty not to act to scuttle the proposed agreement, not to arbitrarily or capriciously refuse to proceed with negotiations, and not to engage in misconduct or dishonesty in the negotiations.</text> </level> <level label="2"> <text>After the expiration of the 60 days identified in § 8A–1803 of this subtitle, a community owner may not be required to consider additional offers from the homeowners organization.</text> </level> </level> <level label="d"> <text>If the manufactured housing community owner and the homeowners organization enter into an agreement for the sale of the manufactured housing community, unless the parties agree to an alternative period of time, the homeowners organization shall have not more than 105 days after the date of the agreement to obtain financing and close on the purchase.</text> </level> <level label="e"> <text>If the homeowners organization does not obtain financing for the purchase or the parties fail to close on the purchase within the time period prescribed in subsection (d) of this section, the community owner has complied with the community owner’s obligations under this section.</text> </level> <level label="f"> <text>A homeowners organization may assign its rights under this subtitle to a local government, housing authority, nonprofit with expertise relating to housing, or the State or an agency of the State, for the purpose of continuing the use of the property as a manufactured housing community that will provide affordable housing.</text> </level> <level label="g"> <text>The Department of Housing and Community Development shall maintain on its website a list of organizations and county housing agencies available to assist homeowners with financing for the purchase of a manufactured housing community.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1805" title_number="8A" title_name="Mobile Home Parks" subtitle_number="18" subtitle_name="Sale of Manufactured Housing Communities"> <text>A community owner who files an affidavit as required under § 8A–1802(b)(7) of this subtitle or a purchaser who files an affidavit as required under § 8A–1803(a) of this subtitle shall, not more than 30 days after the date of the sale:</text> <level label="1"> <text>Provide notice of the affidavit to each homeowner in the manufactured housing community by first–class mail; and</text> </level> <level label="2"> <text>Post a copy of the affidavit in a public area of the manufactured housing community.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1806" title_number="8A" title_name="Mobile Home Parks" subtitle_number="18" subtitle_name="Sale of Manufactured Housing Communities"> <level label="a"> <text>If a community owner willfully fails to comply with the requirements of this subtitle, the community owner shall be liable to the homeowners organization in the amount of $10,000.</text> </level> <level label="b"> <text>A purchaser who files an affidavit as required under § 8A–1803(a) of this subtitle is liable to the homeowners organization in the amount of $10,000 if the purchaser:</text> <level label="1"> <text>Closes the manufactured housing community within 5 years after the date the purchase is finalized; or</text> </level> <level label="2"> <text>Increases the rent for a lot on the property by more than 10% per year in the first 3 years after the date the purchase is finalized.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8A-1901" title_number="8A" title_name="Mobile Home Parks" subtitle_number="19" subtitle_name="Applicability, Enforcement and Short Title"> <text>No provision of this title shall be deemed to be a bar to the applicability of supplementary rights afforded by any public local law enacted by the General Assembly or any ordinance or any local law enacted by any municipality or political subdivision of this State; provided, however, that no such law can diminish or limit any right or remedy granted under the provisions of this title.</text> </section> <section article="grp" article_name="Real Property" number="8A-1902" title_number="8A" title_name="Mobile Home Parks" subtitle_number="19" subtitle_name="Applicability, Enforcement and Short Title"> <level label="a"> <text>To the extent that a violation of any provision of this title affects a resident or prospective resident, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General, as described in Title 13 of the Commercial Law Article.</text> </level> <level label="b"> <text>The provisions of this title shall otherwise be enforced by each agency of the State within the scope of its authority.</text> </level> </section> <section article="grp" article_name="Real Property" number="8A-1903" title_number="8A" title_name="Mobile Home Parks" subtitle_number="19" subtitle_name="Applicability, Enforcement and Short Title"> <text>This title may be cited as the Maryland Mobile Home Parks Act of 1980.</text> </section>