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Enrolled Version - Final Version Senate Bill 265 History

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Key: Green = existing Code. Red = new code to be enacted
ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 265

(Senator Claypole, original sponsor)

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[Passed April 10, 1993; in effect ninety days from passage.]

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AN ACT to amend article fifteen, chapter thirty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six-a, relating to factory-built home site rentals; and requiring extended notice to tenants in cases of mass eviction.

Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter thirty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section six-a, to read as follows:
ARTICLE 15. HOUSE TRAILERS, MOBILE HOMES, MANUFACTURED HOMES AND MODULAR HOMES.

§37-15-6a. Termination of tenancy of more than twenty-five tenants.

(a) A landlord of a factory-built home rental community may not terminate a rental agreement nor otherwise evict more thantwenty-five tenants of any factory-built home rental community within a single eighteen-month period unless:
(1) The landlord obtains written agreement to voluntarily vacate the premises by every tenant prior to the expiration of the eighteen-month period;
(2) The landlord provides not less than six months' notice to terminate the rental agreement to each tenant; or
(3) The tenant has breached a provision of the rental agreement and the termination complies with the requirements of this article.
(b) If a landlord violates the provisions of this section, the tenant has a cause of action to recover actual damages, the costs required to relocate the aggrieved tenant and, in addition, a right to recover treble damages or the equivalent of the aggrieved tenant's rent for one year, whichever is greater, and reasonable attorney fees.
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