H. B. 4525


(By Delegates R. M. Thompson and Perry)
[Introduced February 18, 2004 ; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §37-15-3 of the code of West Virginia, 1931, as amended, relating to factory-built homes; the statutorily required written rental and occupancy agreement; and modification of the written requirements to permit a landlord to amend a rental agreement if the amendments do not conflict with the statute.

Be it enacted by the Legislature of West Virginia:
That §37-15-3 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 15. HOUSE TRAILERS, MOBILE HOMES, MANUFACTURED HOMES AND MODULAR HOMES.
§37-15-3. Written agreement required.

(a) The rental and occupancy of a factory-built home site shall be governed by a written agreement which shall be dated and signed by all parties thereto prior to commencement of tenancy. A copy of the signed and dated written agreement and a copy of this article shall be given by the landlord to the tenant within seven days after the tenant signs the written agreement.
(b) The written agreement, in addition to the provisions otherwise required by law to be included, shall contain:
(1) The terms of the tenancy and the rent therefor;
(2) The rules and regulations of the factory-built home rental community. A copy of the text of the rules and regulations attached as an exhibit satisfies this requirement;
(3) The language of the provisions of this article. A copy of the text of this article attached as an exhibit satisfies this requirement;
(4) A description of the physical improvements and maintenance to be provided by the tenant and the landlord during the tenancy; and
(5) A provision listing those services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for those services.
(c) The written agreement may not contain:
(1) Any provisions contrary to the provisions of this article and shall not contain a provision prohibiting the tenant who owns his or her factory-built home from selling his or her factory-built home;
(2) Any provision that requires the tenant to pay any recurring charges except fixed rent, utility charges or reasonable incidental charges for services or facilities supplied by the landlord; or
(3) Any provision by which the tenant waives his or her rights under the provisions of this article.
(d) When any person possesses a security interest in the factory-built home, the written agreement or rental application shall contain the name and address of any secured parties. The written agreement shall require the tenant to notify the landlord within ten days of any new security interest, change of existing security interest, or settlement or release of the security interest.
(e) When a factory-built home owner sells a factory-built home, the new owner shall enter into a written agreement if the factory-built home continues to occupy the site: Provided, That the new owner meets the standards and restrictions contained in the prior rental agreement.
 (f) Nothing in this section may be construed to limit the rights of the landlord to amend the rental agreement provided that the amendments are not in conflict with this article.



NOTE: The purpose of this bill is to allow the landlord of a factory-built home to alter his written rental and occupancy agreement as long as the alteration is not in conflict with the requirements of the statute that requires the agreement.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.