ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 265
(By Senator Claypole)
____________
[Originating in the Committee on the Judiciary;
reported March 17, 1993.]
____________
A BILL to amend chapter thirty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article fifteen,
relating to factory-built home site rentals generally;
mobile home park tenants; and requiring extended notice to
tenants when landlord closes the mobile home park.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article fifteen, to read
as follows:
ARTICLE 15. HOUSE TRAILERS, MOBILE HOMES, MANUFACTURED HOMES AND
MODULAR HOMES.
§37-15-1. Termination of tenancy of more than twenty-five
tenants.
(a) A landlord of a factory-built home rental community maynot terminate a rental agreement nor otherwise evict more than
twenty-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.