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<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>
