(a) As used in this section:
(1) "Lessee" means the person or persons leasing the property, site, or lot where a manufactured home or mobile home is located;
(2) "Lessor" means the owner or manager of the property, site, or lot where a manufactured home or mobile home is located; and
(3) "Unoccupied" means that a manufactured home or mobile home has ceased to be a customary place of habitation or abode and no person is living or residing in it.
(b) (1) When a manufactured home or mobile home on a leased site is unoccupied and the lease or rental payment for the leased site where the mobile home or manufactured home is located is sixty (60) days or more past due, the lessor shall notify the lessee and the lienholder, if the lienholder is not the lessee or occupant of the manufactured home or mobile home, that the manufactured home or mobile home is unoccupied and that the lease or rental payment is past due.
(2) The notice shall be in writing and delivered by certified mail and shall include the following information if known or readily available to the lessor:
(A) The lessor's name and mailing address;
(B) The lessee's name and last known mailing address;
(C) The lienholder's name and mailing address;
(D) The street address or physical location of the manufactured home or mobile home;
(E) The monthly lease payment amount;
(F) The serial number of the manufactured home or mobile home; and
(G) A description of the manufactured home or mobile home, including the make, model, year, dimensions, and any identification numbers or marks.
(3) In the notice required in subdivision (b)(1) of this section, the lessor shall notify the lienholder that unless the manufactured home or mobile home is removed from the leased site within thirty (30) days from the date the lienholder receives the notice, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments accruing from the date the lienholder received the notice.
(c) (1) Unless the lienholder is prevented by law from removing the manufactured home or mobile home, the lienholder has thirty (30) days to remove the manufactured home or mobile home before the lienholder shall be held responsible for lease or rental payments accruing from the date the lienholder received the notice.
(2) If the lienholder fails to remove the manufactured home or mobile home within thirty (30) days, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments beginning on the date that the notice is received by the lienholder in an amount equal to the monthly lease or rental payments contained in the notice.
(d) Nothing in this section shall obligate the lienholder for any lease or rental payments owed while the lessee occupied the manufactured home or mobile home or any other lease or rental payments due prior to the notification of the lienholder, as required by subsection (b) of this section.
(e) Nothing in this section shall prevent the lessor from holding the lessee responsible for any unpaid lease or rental payments.
Section: Previous 18-16-105 18-16-108 18-16-110 18-16-111 18-16-112 18-16-113 NextLast modified: November 15, 2016