SENATE BILL 125

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Bill B. O'Neill

AN ACT

RELATING TO MOBILE HOMES; CREATING A NOTIFICATION REQUIREMENT FOR TERMINATION OF TENANCY RESULTING FROM CHANGE OF USE OF THE PREMISES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 47-10-3 NMSA 1978 (being Laws 1983, Chapter 122, Section 3, as amended) is amended to read:

     "47-10-3. TENANCY--REQUIREMENTS--NOTICE TO QUIT.--

          A. No tenancy or other lease or rental occupancy of space in a mobile home park shall commence without a written lease or rental agreement, and no tenancy in a mobile home park shall be terminated until a notice to quit has been served upon the mobile home resident. The notice to quit shall be in writing directed to the resident and in the form specified in this section. The form of notice shall be deemed legally sufficient if it states:

                (1) the name of the landlord or of the mobile home park;

                (2) the mailing address of the property;

                (3) the location or space number upon which the mobile home is situated;

                (4) the county in which the mobile home is [situate] situated; and

                (5) the reason for the termination of the tenancy and the date, place and circumstances of any acts allegedly justifying the termination.

          B. The notice to quit shall be served by delivering the notice to the mobile home tenant personally or by posting the notice at the main entrance of the mobile home. If service is made by posting the notice, a copy of the notice shall also be sent by certified mail to the mobile home tenant, return receipt requested. The date of a posting shall be included on the posted notice and on the copy mailed to the mobile home tenant and shall constitute the effective date of the notice.

          C. The tenant shall be given a period of not less than thirty days from the end of the rental period during which the termination notice was served to remove any mobile home from the premises, but which is automatically extended to sixty days where the tenant must remove a multisection mobile home. In those situations where a multisection mobile home is being leased to or occupied by a person other than its owner and in a manner contrary to the rules and regulations of the landlord, [then, in that event] the tenancy may be terminated by the landlord upon giving a thirty-day notice instead of a sixty-day notice.

          D. If the landlord intends to change the use of the premises, and where such change of use would result in the termination of tenancy of a resident, the landlord shall give notice of the landlord's intent to terminate the tenancy of the resident to the resident not less than twenty-four months prior to the earlier of the termination of the tenancy or the change of use of the premises.

          [D.] E. No lease shall contain any provision by which the tenant waives [his] the tenant's rights under the Mobile Home Park Act, and any such waiver shall be deemed to be contrary to public policy and shall be unenforceable and void. Any lease, however, may provide for the termination of the tenancy in accordance with the provisions of Subsection C of this section.

          [E.] F. No tenancy shall be terminated by a mobile home park owner solely because of the size or age of the mobile home."

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