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Senate Bill No. 691

(By Senator Caruth)


[Introduced March 21, 2005; referred to the Committee

on the Judiciary.]


A BILL to amend and reenact §55-3B-3 of the Code of West Virginia, 1931, as amended, relating to termination of tenancy of a factory-built home.

Be it enacted by the Legislature of West Virginia:
That §55-3B-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

§55-3B-3. Termination of tenancy.
(a) Except for termination for good cause, the tenancy of a factory-built home site may be terminated by either party only by giving at least three months' notice in writing to the other of his or her intention to terminate the tenancy. When such notice is to the tenant, it may be served upon him the tenant or upon anyone holding under him the tenant the leased premises or any part thereof of the leased premises. When it is by the tenant, it may be served upon anyone who at the time owns the premises, in whole or in part, or the agent of such the owner or according to the common law. If the termination is for good cause, no requirements other than those provided in sections four and six of this article may be imposed.
(b) Unless the landlord is changing the use of the site, if a tenancy is ended by the landlord at the later of its stated term or at the end of the time period set out in subsection (b), section two of this article, with no without good cause, the owner may not prevent the sale of the factory-built home in place to another tenant who meets the standards and criteria in effect for new tenants prior to the termination of the tenancy.


(NOTE: The purpose of this bill is to clarify that termination of a rental agreement for factory-built homes or a site for a factory-built home may be terminated for good cause without giving ninety-day notice of intent to terminate.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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