Senate Bill No. 691
(By Senator Caruth)
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[Introduced March 21, 2005; referred to the Committee
on the Judiciary.]
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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:
ARTICLE 3B. REMEDIES FOR WRONGFUL OCCUPATION OF FACTORY-BUILT
HOME SITE.
§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.
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(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.)