Session of 1999
By Representatives Sloan, Horst, Kirk and Toelkes

  9             AN  ACT concerning the mobile home parks residential landlord and ten-
10             ant act; amending K.S.A. 58-25,103, 58-25,105 and 58-25,120 and re-
11             pealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 58-25,103 is hereby amended to read as follows:
15       58-25,103. Subject to additional definitions contained in subsequent sec-
16       tions of this act which apply to specific sections thereof, and unless the
17       context otherwise requires, in this act:
18             (a) "Building and housing codes" includes include any law, ordinance,
19       resolution or governmental federal, city or county rule and regulation
20       concerning fitness for habitation or the construction, maintenance, op-
21       eration, occupancy, use or appearance of any mobile home park, dwelling
22       unit or mobile home space.
23             (b) "Business" includes a corporation, government, governmental
24       subdivision or agency, business trust, estate, trust, partnership or associ-
25       ation, two or more persons having a joint or common interest and any
26       other legal or commercial entity which is a landlord, owner, manager or
27       constructive agent pursuant to K.S.A. 58-25,109, and amendments
28       thereto.
29             (c) "Dwelling unit" excludes real property used to accommodate a
30       mobile home mobile home space.
31             (d) "Landlord" means the owner, lessor or sublessor of a mobile
32       home park and it also means a manager of the mobile home park who
33       fails to disclose as make disclosures required by K.S.A. 58-25,109, and
34       amendments thereto.
35             (e) "Mobile home" includes manufactured homes and mobile homes
36       as defined in subsections (a) and (b) of K.S.A. 58-4202, and amendments
37       thereto.
38             (f) "Mobile home park" shall mean means any site, lot, field or tract
39       of land upon which two or more occupied mobile homes are harbored,
40       either free of charge or for revenue purposes, and shall include any build-
41       ing, structure, or enclosure used or intended for use as part of the equip-
42       ment of such mobile home park.
43             (g) "Mobile home space" means a plot of ground within a mobile
44       home park designed for the accommodation of one mobile home.
45             (h) "Owner" means one or more persons, jointly or severally, in
46       whom is vested all or part of the legal title to property or all or part of
47       the beneficial ownership and a right to present use and enjoyment of the
48       mobile home park. The term includes a mortgagee in possession.
49             (i) "Rent" means all payments to be made to the landlord under the
50       rental agreement, other than the security deposit.
51             (j) "Rental agreement" means agreements, any agreement, whether
52       written or those implied by law, and valid rules and regulations adopted
53       under K.S.A. 58-25,114, and amendments thereto, embodying the terms
54       and conditions concerning the use and occupancy of a mobile home space.
55             (k) "Security deposit" means a deposit of money to secure perform-
56       ance of a mobile home space rental agreement under this act other than
57       a deposit which is exclusively in advance payment of rent.
58             (l) "Tenant" means a person entitled under a rental agreement to
59       occupy a mobile home space to the exclusion of others.
60             Sec.  2. K.S.A. 58-25,105 is hereby amended to read as follows: 58-
61       25,105. (a) The landlord and tenant may include in a rental agreement
62       terms and conditions not prohibited by this act or other rule of law in-
63       cluding rent, term of the agreement and other provisions governing the
64       rights and obligations of the parties.
65             (b) The tenant shall pay as rent the amount stated in the rental agree-
66       ment. In the absence of a rental agreement, the tenant shall pay as rent
67       the fair rental value for the use and occupancy of the mobile home space.
68             (c) Rent shall be payable without demand or notice at the time and
69       place agreed upon by the parties. Unless otherwise agreed periodic rent
70       is payable at the beginning of any term and thereafter in equal monthly
71       installments. Rent shall be uniformly apportionable from day to day.
72             (d) Rental agreements shall be a month-to-month year-to-year ten-
73       ancy unless otherwise specified in the rental agreement. Upon the expi-
74       ration of such agreement, if a new agreement is not executed, the offered,
75       the agreement shall be deemed to be renewed and the tenancy shall be
76       month-to-month year-to-year. Except as provided in the written rental
77       agreement, month-to-month tenancies shall be canceled by at least 60
78       days' written notice given by either party.
79             (e) Unless otherwise agreed in writing, improvements, except a nat-
80       ural lawn, purchased and installed by a tenant on a mobile home space
81       shall remain the property of the tenant even though affixed to or in the
82       ground and may be removed or disposed of by the tenant prior to the
83       termination of the tenancy, provided that. A tenant shall leave the mobile
84       home space in a condition which is substantially the same or better con-
85       dition than upon taking possession than the condition such space was in
86       when the tenant took possession.
87             (f) In any rental agreement entered into between a landlord and ten-
88       ant in a mobile home park where five or more mobile homes are har-
89       bored, such rental agreement shall contain a notice that specifies that the
90       tenant has certain rights under the mobile home parks residential landlord
91       and tenant act and copies of the act may be obtained from the landlord
92       upon the request of the tenant.
93             Sec.  3. K.S.A. 58-25,120 is hereby amended to read as follows: 58-
94       25,120. (a) Except as provided in this act, if there is a material noncom-
95       pliance by the tenant with the rental agreement or a noncompliance with
96       K.S.A. 58-25,113 materially affecting, and amendments thereto, or with
97       rules and regulations adopted pursuant to K.S.A. 58-25,114, and amend-
98       ments thereto, which materially affect health and safety, the landlord may
99       deliver a written notice to the tenant specifying the acts and omissions
100       constituting the breach and that the rental agreement will shall terminate
101       upon a date not less than 30 days after receipt of the notice if the breach
102       is not remedied in 14 days. The rental agreement shall terminate as pro-
103       vided in the notice, except that, if the breach is remediable by repair or
104       the payment of damages or otherwise, and the tenant initiates a good
105       faith effort to remedy the breach prior to the date specified in the notice,
106       the rental agreement will shall not terminate. However, in the event that
107       the same or a similar breach occurs after the fourteen-day period pro-
108       vided herein, the landlord may deliver a written notice to the tenant that
109       the rental agreement will shall terminate upon a date not less than 30
110       days after receipt of the notice without providing the opportunity to rem-
111       edy the breach. The rental agreement then shall terminate as provided
112       in such notice.
113             (b) If rent is unpaid when due and the tenant fails to pay rent within
114       three days after written notice by the landlord of nonpayment and of the
115       landlord's intention to terminate the rental agreement if the rent is not
116       paid within that period of time, the landlord may terminate the rental
117       agreement.
118             (c) Except as otherwise provided in this act, the landlord may recover
119       damages and obtain injunctive relief for any material noncompliance by
120       the tenant with the rental agreement or with K.S.A. 58-25,113, and
121       amendments thereto, or with rules and regulations adopted pursuant to
122       K.S.A. 58-25,114, and amendments thereto
123       Sec.  4. K.S.A. 58-25,103, 58-25,105 and 58-25,120 are hereby
124       repealed.
125        Sec.  5. This act shall take effect and be in force from and after its
126       publication in the statute book.