§ 1358 - Protection of nonpurchasing leaseholders - Vermont Statutes

§ 1358. Protection of nonpurchasing leaseholders

(a) A nonpurchasing leaseholder shall have the right to continue the leasehold interest in the site on which the leaseholder's mobile home is located.

(b) A declarant or site purchaser may not accept an offer for a site without providing the leaseholder the opportunity to purchase the site at the price, terms and conditions stated in the offer. If the leaseholder accepts the offer, the declarant or site purchaser must sell the unit to the leaseholder; the leaseholder must enter into a purchase and sales agreement with the declarant at the same terms stated in the notice of offer within 30 working days of the declarant's notice to the leaseholder of the offer. The declarant's notice of offer must be delivered by certified mail.

(c) If a nonpurchasing leaseholder elects to move from the mobile home park and gives notice to the declarant during the conversion period, the declarant shall pay the nonpurchasing leaseholder's relocation costs as follows:

(1) The leaseholder shall make a good faith effort to move the mobile home, and shall have the obligation to restore the site to the condition it was in prior to occupation by the leaseholder, reasonable wear and tear excepted.

(2) Subject to the obligations stated in subdivision (1) of this subsection, the declarant shall pay to a nonpurchasing leaseholder who removes a mobile home from the site the actual documented reasonable costs of relocating the household in possession and the mobile home, not to exceed $2,200.00.

(3) Subject to the obligations stated in subdivision (1) of this subsection, in the event the nonpurchasing leaseholder vacates the site but does not move the mobile home from the site, the declarant shall pay to the nonpurchasing leaseholder the actual documented reasonable costs of relocating the household in possession, not to exceed $1,000.00, provided that:

(A) the nonpurchasing leaseholder transfers title to the mobile home to the declarant;

(B) the nonpurchasing leaseholder transfers title to a third party who moves the mobile home within 30 days of the date upon which the nonpurchasing leaseholder vacates the mobile home;

(C) the nonpurchasing leaseholder transfers title to the mobile home to a purchasing leaseholder of the site on which the mobile home is located.

(d) After the date of the notice of conversion, and unless otherwise modified by this subchapter, the provisions of chapter 153 of Title 10 shall apply to all leases within the mobile home park. A leaseholder may not be required to vacate except for failure to comply with the obligation imposed on the leaseholder by this subchapter, or for the reasons specified in 10 V.S.A. § 6237(a), provided that the conversion of the mobile home park shall not constitute a change in use or a termination of the park.

(e) Any rights granted leaseholders under this subchapter against the declarant shall apply against any transferees of a site from the declarant. (Added 1993, No. 97, § 1.)