58-25,121. Abandonment, remedies; required registration. - Kansas Statutes

58-25,121

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

      58-25,121.   Abandonment, remedies; required registration.(a) A tenant is considered to have abandoned a mobile home when the tenant hasbeen absent from the mobile home without reasonable explanation for 30 days ormore during which time there is a default of rent three days after rent is dueor when the rental agreement is terminated pursuant to the provisions of thisact. A tenant's return to the mobile home does not change its status asabandoned unless the tenant pays to the landlord all costs incurred for themobile home space, including costs of removal, storage, notice and utilitiesdue and owing.

      (b)   If a tenant abandons a mobile home on a mobile home space, the landlordshall notify the legal owner and known lienholder of the mobile home of theabandonment and communicate to the legal owner and lien holder that the legalowner and lien holder is liable for any costs incurred for the mobile homespace, including rent and utilities due and owing. However, the legal owner andlien holder is only liable for costs incurred from the point of writtennotification by the landlord. After the landlord's notification, costs forwhich liability is incurred shall then become the responsibility of the legalowner or lienholder of the mobile home. The mobile home may not be removed fromthe mobile home space without a signed written agreement from the landlordshowing clearance for removal, showing that all debts are paid in full, orwithout an agreement reached with the legal owner and lien holder and thelandlord. The right of possession of the legal owner or lienholder shall besubject to the landlord's claim for the landlord's reasonable costs of removaland storage of the abandoned mobile home. Any landlord who is entitled tocosts for which liability is incurred as provided in this subsection shall havea lien as provided in K.S.A. 58-227 and amendments thereto.

      (c)   A required standardized registration form shall be filled out by eachtenant, upon the rental of a mobile home space, showing the mobile home make,year and serial number if there is a lien on the mobile home, and if so thelienholder, and who is the legal owner of the mobile home. The registrationcards or forms shall be kept on file with the landlord as long as the mobilehome is on the mobile home space within the mobile home park.

      History:   L. 1992, ch. 306, § 23; July 1.