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58-25,109. Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord's agent for certain purposes; rental agreement not signed and

58-25,109

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 25.--LANDLORDS AND TENANTS

      58-25,109.   Disclosures required of landlord or person authorized to enterrental agreement; person failing to comply becomes landlord's agent for certainpurposes; rental agreement not signed and delivered given effect by certainactions, limitation on term; explanation of utility rates and charges; writtennotice of rent increase.(a) The landlord or any person authorized to enter into a rental agreement onthe landlord's behalf shall disclose to the tenant in writingat or before the commencement of the tenancy the name and address of:

      (1)   The person authorized to manage the mobile home park; and

      (2)   the owner of the mobile home park or a person authorized to act forand on behalf of the owner for the purpose of service of process and forthe purpose of receiving and receipting for notices and demands.

      (b)   The information required to be furnished by this section shall be keptcurrent and this section extends to and is enforceable against any successorlandlord, owner or manager.

      (c)   A person who fails to comply with subsection (a) becomes an agent ofeach person who is a landlord for the following purposes:

      (1)   Service of process and receiving and receipting for notices and demands;or

      (2)   performing the obligations of the landlord under this act and underthe rental agreement and expending or making available for the purpose allrent collected from the mobile home park.

      (d) (1)   If the landlord does not sign and deliver a written rentalagreement which has been signed and delivered to such landlord by the tenant,the knowing acceptance of rent without reservation by the landlord gives therental agreement the same effect as if it had been signed and delivered by thelandlord.

      (2)   If the tenant does not sign and deliver a written rental agreement whichhas been signed and delivered to such tenant by the landlord, the knowingacceptance of possession and payment of rent without reservation gives therental agreement the same effect as if it had been signed and delivered by thetenant.

      (3)   If a rental agreement given effect by the operation of this subsectionprovides for a term longer than one year, it is effective only for one year.

      (e)   The landlord or any person authorized to enter into a rental agreementon the landlord's behalf shall provide a written explanation of utility rates,charges and services to the prospective tenant before the rental agreement issigned unless the utility charges are paid by the tenant directly to theutilitycompany.

      (f)   Each tenant shall be notified, in writing, of any rent increase atleast 60 days before the effective date. Such effective date shall not besooner than the expiration date of the original rental agreement or anyrenewal or extension thereof.

      History:   L. 1992, ch. 306, § 11; July 1.

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