Under the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA), within 14 days after the date on which any advertisement, multiple listing, or public notice advertises that a manufactured/mobile home community (MHC) is for sale, a landlord must provide a written notice of sale of an MHC by certified mail or personal delivery to:
The notice must include a statement that the landlord intends to sell the MHC and the contact information of the landlord or landlord's agent who is responsible for communicating with a qualified tenant organization or eligible organization regarding the sale of the property.
A landlord intending to sell an MHC is encouraged to negotiate in good faith with qualified tenant organizations and eligible organizations, such as local governments, local housing authorities, nonprofit community organizations, tribes, and nonprofit housing assistance organizations.
Notice of Opportunity to Purchase.
In addition to requirements related to the notice of sale, a landlord must provide a written notice of opportunity to purchase a mobile home community (MHC) to each tenant, the Department of Commerce (Commerce), and the Housing Finance Commission by certified mail or personal delivery within 14 days after the date any advertisement, listing, or public notice is first made that the MHC, or property on which it sits, is for sale or lease.
A notice of opportunity to purchase must include:
If notice of intent expressing intent to consider purchase or lease of the MHC from the qualified tenant organization or eligible organization is provided to the landlord within 45 days, the landlord must wait 90 days before making a final unconditional acceptance of an offer to purchase or lease the MHC from a person or entity other than the qualified tenant organization or eligible organization. If the notice of intent is not provided to the landlord within 45 days, the landlord is not subject to the 90-day waiting period.
Notice of opportunity to purchase is not required with respect to a sale or lease of an MHC or the property on which it sits if the transaction is:
A landlord is required, rather than encouraged, to negotiate in good faith with qualified tenant organizations and eligible organizations when selling or leasing an MHC or the property on which it sits. Likewise, qualified tenant organizations and eligible organizations that submit a notice of intent to purchase or lease an MHC or the property on which it sits must negotiate in good faith with the landlord. Eligible organizations are expanded to include community land trusts and resident nonprofit cooperatives.
Commerce must maintain a registry of all eligible organizations submitting a written request to receive notices of opportunity to purchase or lease an MHC, including the name and mailing address of the eligible organization and a statement the organization wishes to purchase or lease the MHC. Commerce must provide the eligible organizations with such notices received from landlords, as well as provide copies of the registry upon request.
A landlord who sells or leases an MHC and willfully fails to comply with the notice, waiting period, or good faith negotiation requirements is liable to the state for a civil penalty of $10,000. The attorney general may bring a civil action in the name of the state against the landlord.