§ 31-44-7. Lease.
All terms and conditions of the occupancy must be fully disclosed in a written lease
by the mobile and manufactured home park owner to any prospective mobile and manufactured
home park resident at a reasonable time prior to the rental or occupancy of a mobile
and manufactured home space or lot. The disclosures shall include, but shall not be
limited to, the following:
(1) The licensee shall agree at all times during the tenancy to:
(i) Maintain the premises when necessary to prevent the accumulation of stagnant water;
(ii) Keep each mobile and manufactured home space or lot marked in such a way that each
resident will be certain of his or her area of responsibility;
(iii) Keep any exterior area of the mobile and manufactured home park within his or her
control, not the responsibility of each resident, free from any species of weed or
plant growth which are noxious or detrimental to the health of the residents;
(iv) Be responsible for the extermination of any insect, rodent, vermin, or other pest
dangerous to the health of the residents whenever infestation exists in the area of
the mobile and manufactured home park not the responsibility of the resident or in
the area for which the resident is responsible including the mobile and manufactured
home if the infestation is not the fault of the resident and particularly if the infestation
existed prior to the occupancy of the resident claiming relief;
(v) Maintain all mobile and manufactured homes rented by the owner in a condition which
is structurally sound and capable of withstanding adverse effects of weather conditions;
(vi) Maintain all electrical, plumbing, gas, or other utilities provided by the licensee
in good working condition. In the event of any repairs or construction to any utility
in any mobile and manufactured home park, written notice shall be given twenty-four
(24) hours prior to the repairs or construction to each tenant of the mobile and manufactured
home park, except in cases of emergencies, after which any repair shall be completed
within seventy-two (72) hours unless good cause is shown as to why the action or repair
has not been completed. No utility shall be discontinued during the repairs or construction
for more than three (3) consecutive hours unless the plans have been reviewed by the
city or town engineer;
(vii) Maintain all utilities provided to mobile and manufactured homes within the park up
to and including the connection to the individual mobile/manufactured home, and all
water and sewage lines and connections in good working order, and in the event of
any emergency, make necessary arrangements if possible for the provisions of the service
on a temporary basis; and there shall be no additional charge for the use of water
because a resident has children;
(viii) If the park operator fails to comply with paragraph (vi) or (vii) of this subdivision,
the resident may notify the park operator of the resident's intention to correct the
condition at the park operator's expense. After being notified by the resident in
writing, if the park operator fails to comply within fourteen (14) days or more promptly
as conditions reasonably require in case of emergency, the resident may cause the
work to be done by a contractor and, after submitting to the park operator an itemized
statement, deduct from the resident's rent the actual and reasonable cost of the work.
(ix) Respect the privacy of the resident and if only the mobile and manufactured home space
or lot is rented, agree to enter the mobile and manufactured home only with the permission
of the owner only after notice to the resident;
(x) Allow all residents freedom of choice in the purchase of all services, pursuant to
§ 31-44-3 "rules and regulationsâ€�;
(xi) Allow a resident to terminate a rental agreement whenever a change in the location
of the resident's employment requires a change in the location of his or her residence
if the resident gives thirty (30) days notice; provided, that a resident who is a
member of the armed forces of the United States may terminate his or her rental agreement
with less than thirty (30) days if he or she receives reassignment orders which do
not allow prior notification;
(xii) Maintain any road in the mobile and manufactured home park within the licensee's control
in good condition, provide adequate space for parking of one car for each lot and
be responsible for damage to any vehicle, excluding damages from speed bumps, which
is the direct result of any unrepaired or poorly maintained access road within the
park and that is within the licensee's control;
(xiii) Make reasonable rules for guest parking which shall be clearly stated in the rules
of the park;
(xiv) Provide a written lease having a term of not less than one year unless the resident
requests, in writing, a term for less than one year, or unless a resident in writing
states that he or she does not desire a written lease; provided, nothing in this section
shall prevent prospective residents from assuming from the current resident the balance
of leasehold if same shall have a period of less than one year; provided further the
notice of any rental increase shall be provided to the prospective resident in the
event that less than sixty (60) days of the leasehold is remaining on the assumed
portion of the lease.
(2) The resident shall agree at all times during the tenancy to:
(i) Keep the unit and his or her area of responsibility as marked by the owner in a clean
and sanitary condition, free of garbage and rubbish;
(ii) Keep the supplied, basic facilities including any plumbing fixture, cooking and refrigeration
equipment, and electrical fixtures in a rented mobile and manufactured home unit in
a clean and sanitary condition and exercise reasonable care in their proper use and
operation;
(iii) Observe all reasonable rules and regulations of the licensee concerning the use, occupation,
and maintenance of the premises, provided the rules and regulations comply with the
provisions of § 31-44-3;
(3) Any action on the part of the resident which may be grounds for eviction from the
mobile and manufactured home park or termination of the rental agreement shall be
clearly stated in it.
(4) The terms for the payment of rent shall be clearly set forth and any charges for services,
mobile and manufactured home space or lot rent, unit rent, or any other charge shall
be specifically itemized in the rental agreement and in any billing to the resident
by the owner. The total rent for the term of the rental agreement shall be stated
in it.
(5) The right of the mobile and manufactured home park owner to designate himself or herself
as the sole and exclusive agent for the sale of any mobile and manufactured home pursuant
to § 31-44-4 "sale of mobile and manufactured homesâ€� of this chapter shall be clearly stated in
the rental agreement.
(6) The lease prescribed by this chapter shall not contain the following:
(i) Any provision allowing less than a seven (7) day grace period in which to pay rent
without the assessment of a late charge;
(ii) Any provision allowing the licensee to assess a late charge in excess of five percent
(5%) of the monthly rent due;
(iii) Any provision which allows the owner to increase the total rent or change the payment
arrangements during the term of the rental agreement; provided that prorated increases
for increased taxes only may be added if stated in the original lease;
(iv) Any provision allowing the owner to charge an entrance fee to a resident assuming
occupancy, except as provided in this section;
(v) Any provision which denies to the resident the right to treat as a breach of the agreement,
a continuing violation by the owner, substantial in nature, of any provisions set
forth in the lease or of any state statute unless the owner discontinues the violation
within a reasonable time after written notice is given by the resident by registered
or certified mail;
(vi) Any provision waiving the restrictions of § 31-44-7.1;
(7) Except as provided in this section, the lease shall be signed by both the mobile and
manufactured home park licensee and the mobile and manufactured home park resident
and shall contain the notice set forth in § 31-44-8, printed verbatim in a clear and conspicuous manner.
(8) It shall be the obligation of the licensee to abide by all the terms and conditions
set forth in this section notwithstanding the execution of written lease of any resident.