Vermont Statutes Title 10 Sec. 6237
Terms Used In Vermont Statutes Title 10 Sec. 6237
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Leaseholder: means a resident lawfully occupying a mobile home owned by the park owner or the owner of a mobile home sited on a mobile home lot in a mobile home park regardless of whether the leaseholder has actual possession of a written lease. See
- Lot rent: means a charge assessed on a mobile home park resident for the occupancy of a mobile home lot, but does not include charges permitted under section 6238 of this title. See
- Mobile home: means :
- Mobile home park: means any parcel of land under single or common ownership or control that contains, or is designed, laid out, or adapted to accommodate, more than two mobile homes. See
- park owner: means the owners, operators, officers, or managing agents of a mobile home park as well as any person acting through any corporate or other device who has the practical authority to establish rules, policies, or other requirements for the operation of the mobile home park. See
- resident: means an individual, individuals, or family who occupies a mobile home on a permanent or temporary basis in a mobile home park as that term is defined in subdivision (2) of this section. See
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
§ 6237. Evictions
(a) A leaseholder may be evicted only for nonpayment of rent or for a substantial violation of the lease terms of the mobile home park, or if there is a change in use of the park land or parts thereof or a termination of the mobile home park, and only in accordance with the following procedure:
(1) A leaseholder shall not be evicted by force or any other self-help measure.
(2) Prior to the commencement of any eviction proceeding, the park owner shall notify the leaseholder by certified or registered mail, except as provided in subdivision (3) of this subsection:
(A) of the grounds for an eviction proceeding;
(B) that an eviction proceeding may be commenced if the leaseholder does not pay the overdue rent within 20 days from the date of the mailing of the notice.
(3) A substantial violation of the lease terms of the mobile home park or an additional nonpayment of rent occurring within six months of the giving of the notice referred to in subdivision (2) of this subsection may result in immediate eviction proceedings.
(4) A substantial violation of the lease terms, other than an uncured nonpayment of rent, will be insufficient to support a judgment of eviction unless the proceeding is commenced within 60 days of the last alleged violation. A substantial violation of the lease terms based upon criminal activity will be insufficient to support a judgment of eviction unless the proceeding is commenced no later than 60 days after arraignment.
(5) [Repealed.]
(b) A leaseholder shall not be evicted when there is proof that the lease terms the leaseholder has been accused of violating are not enforced with respect to the other leaseholders or others on the park premises.
(c) A sale or change in the form of ownership of the mobile home park shall not be grounds for eviction.
(d) This section shall apply only to evictions undertaken by the park owner. Evictions of a mobile home resident by a mobile home owner who is not the park owner shall be governed by 9 V.S.A. § 4467.
(e) A judgment order of eviction pursuant to this section shall provide that a leaseholder shall sell a mobile home or remove a mobile home from the mobile home park:
(1) within three months from the date of execution of a writ of possession pursuant to 12 Vt. Stat. Ann. chapter 169; or
(2) within another period ordered by the court in its discretion.
(f) A leaseholder evicted pursuant to this section shall continue to be responsible for lot rent that accrues until the mobile home is sold or removed from the mobile home park.
(g) A park owner shall serve notice of eviction proceedings pursuant to this section and 12 Vt. Stat. Ann. chapter 169 to the leaseholder and to any occupants known to the park owner residing in the mobile home. (Added 1973, No. 264 (Adj. Sess.), § 2; amended 1987, No. 252 (Adj. Sess.), § 5, eff. Aug. 1, 1988; 1989, No. 229 (Adj. Sess.), § 9; 1993, No. 141 (Adj. Sess.), § 1, eff. May 6, 1994; 2003, No. 104 (Adj. Sess.), § 8; 2007, No. 176 (Adj. Sess.), § 58; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2015, No. 8, § 3.)