An Act to Clarify the Law Concerning Evictions from Mobile Home Parks
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is necessary that this legislation be enacted as an emergency measure to ensure the health and safety of residents in mobile home parks throughout the State; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §9097, sub-§1, as amended by PL 1989, c. 662, is further amended to read:
1. Eviction of tenant. A tenancy may be terminated by a park owner or operator only for one or more of the following reasons:
A. Nonpayment of rent, utility charges or reasonable incidental service charges, provided except that no action for possession may be maintained if, prior to the expiration of a notice to quit, the tenant pays or tenders all arrearages due plus 5% of the outstanding rent or a maximum of $5 as liquidated damages;
B. Failure of the tenant or the tenant's cohabitees, guests or invitees to comply with local ordinances or state or federal law, rules or regulations relating to mobile homes or mobile home parks, provided that as long as the tenant first is given written notice of failure to comply with those restrictions and a reasonable opportunity to comply with the restrictions;
C. Damage by the tenant or the tenant's cohabitees, guests or invitees to the demised property, except for reasonable wear and tear;
D. Repeated conduct of the tenant or the tenant's cohabitees, guests or invitees upon the mobile home park premises which that disturbs the peace and quiet or safety of other tenants in the mobile home park;
E. Failure of the tenant or the tenant's cohabitees, guests or invitees to comply with reasonable written rules of the mobile home park as established by the park owner or operator in the rental agreement at the beginning of the tenancy or as subsequently amended, provided that as long as the tenant first is given written notice of failure to comply and a reasonable opportunity to comply with those rules;
F. Condemnation or change of use of the mobile home park, provided that as long as, in the case of change of use, one year's notice is given in writing to the tenant, unless at the beginning of the tenancy the tenant is given notice of the scheduled change of use;
G. Renovation or reconstruction of any portions of the park, if:
(1) In the case of a temporary eviction, the park owner or operator:
(a) Gives affected tenants 30 days' notice in writing, unless the temporary eviction is necessary to correct conditions posing an immediate threat to one or more tenants' health or safety; and
(b) Pays the removal and relocation costs of tenants, except for those tenants who agree otherwise in a signed writing separate from the lease; or
(2) In the case of a permanent eviction, other than an eviction due to reconstruction or renovation required by a federal, state or local governmental body, of one or more mobile homes currently located in the park, the park owner or operator:
(a) Gives each tenant one year's notice in writing; or
(b) To each tenant for whose home the park owner has found a reasonable alternative location acceptable to the tenant, gives 6 months' written notice and pays removal and relocation costs;
H. Under terms and expressed conditions in the original lease or rental agreement which that is entered into by the tenant and landlord; or
I. Violation by a tenant or the tenant's cohabitees, guests or invitees of paragraph A, B or E, 3 or more times in a 12-month period, notwithstanding the fact that the tenant in each case corrected the violation after being notified of the violation by the park owner or operator. For purposes of termination under this paragraph, the tenant or the tenant's cohabitees, guests or invitees must have engaged in at least 3 separate instances of misconduct.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 27, 1997.
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